Latest news with #TennesseeConstitution
Yahoo
17 hours ago
- Politics
- Yahoo
Comptroller confirms property assessor errors; county mayor calls for resignation
The state will correct Rutherford Property Assessor Rob Mitchell's inacurate appraisals because he "was unable or unwilling to comply" with Tennessee law, a state June 2 letter said. The letter came from Bryan Kinsey, the director of Division of Property Assessments for the Tennessee Comptroller's Office. Kinsey's letter sent to Mitchell and other Rutherford County officials follows the State Board of Equalization decision March 4 giving Mitchell 60 days to correct the appraisal records. "The board required the county to review a total of 22,180 properties with suspected errors," Kinsley's letter to Mitchell said. "The Division's 10% sample contained 2,223 properties. At the conclusion of the review on May 29, 2025, the division determined that the county erred in its determinations and corrective action for 251 properties, culminating in an 11.3% error rate." Rutherford County Mayor Joe Carr suggested that Mitchell should resign over recent state findings of inaccurate appraisals. "I am committed to ensuring that our county's property taxpayers are treated fairly and equitably," Carr said in a June 4 press release sent to The Daily News Journal. "I would not think it strange if Mr. Mitchell wanted to submit his resignation." Government accountability: State board gives Rutherford property assessor 60 days to comply with law to correct appraisals Mitchell emailed a press release to The Daily News Journal June 5 in response to the mayor suggesting that he consider resigning. "I want to be clear about the structure and independence of the assessor's office," Mitchell's release said. "As an independently-elected constitutional officer, the assessor's office does not take directives from the county mayor. The Tennessee Constitution establishes the assessor as an independent office, elected directly by the people of Rutherford County to serve their interests in property assessment matters. "This matter is not something that should be litigated in the court of public opinion. Complex legal and administrative issues require proper channels and due process, not public spectacle or political theater. "I have full faith and trust in our judiciary and administrative officials at both the state and local levels. I am happy to follow any directives that the appropriate state offices provide through proper legal channels. The citizens of Rutherford County deserve to have these matters handled professionally and according to established legal procedures. "I remain committed to serving the taxpayers of Rutherford County with integrity and will continue to fulfill the duties of the office to which I was elected." 2024 election results: Property Assessor Rob Mitchell captures GOP primary for reelection over opponent Mitchell through his attorney Bud Carman, a former director of the comptroller's division of property assessments, filed a legal challenge to the board of equalization's decision on correcting property appraisals. "Mayor Joe Carr has used half-truth to convict an honorable man without due process," Carman said in a statement emailed June 5 to The Daily News Journal. "Abraham Lincoln is quoted as saying, a half-truth is often the biggest lie of all.' The effect of a 'half-truth public statement' by a county mayor with a political agenda, is at issue as to an ethical consideration." Carman on behalf of Mitchell filed the legal challenge to the comptroller's office's actions in Davidson County Chancery Court. "The finding of non-compliance by the State Board of Equalization by law is subject to a petition for judicial review," Carman said. Comptroller's spokesman John Dunn said his office has no comment about the legal challenge. "We have been advised to not answer any questions," Dunn said. "The (Tennessee) Attorney General's Office is representing us in that matter." Regulating the government: TN Comptroller chastises Rutherford Property Assessor about improper appraisal practices Rutherford Mayor Carr responded to a request for comment from The Daily News Journal through a June 4 press release from the county government spokeswoman Lisa Kaye about the issue with Mitchell's office. Carr was notified by whistleblowers in the summer of 2023 of "possible malfeasance and irregularities" in the property assessor's office. Due to the mayor's legal obligation in state law, Tenn. Code Annotated 8-4-503(a), Carr was required to report the whistleblower concerns to the comptroller's office, according to the press release. Whistle blower issue: Complaint filed against property assessor raises 'ethical, moral and legal concerns' "It is frustrating that it has taken so long to move forward, but an issue of this magnitude must be undertaken carefully," Carr said in the press release. "The assessor's office staff are more than competent; some really good people are there. This is a dereliction of duty and a failure of Rob Mitchell's leadership. For a number of years, he has violated the basic equity application of the law regarding the assessment of property values in this county." The press release from the mayor's office suggested the inaccurate property appraisals violates public trust for a community that deserves better. Another whistleblower: 2nd complaint outlines 'conflict of interest' in Rutherford Co. Property Assessor Office Based on the error rate of 11.3% and the fact that there are over 130,000 parcels in Rutherford County, there could be over 15,000 parcels that are incorrectly assessed, and should be addressed and rectified immediately, the press release from the mayor's office said. "My office has been cooperating with the comptroller's office and will continue to do so," Carr said in the press release. The press release also said the mayor thanks the officials with the comptroller's division of property assessments officials and commends them and Mitchell's employees for their diligence "in trying to uncover the wrongs, so that confidence can be restored to the Rutherford County Property Assessor's Office." Response to ethics complaint: Ethics Committee asks DA, TN Comptroller to investigate Rutherford Property Assessor Rob Mitchell The error rate of property appraisal records exceeded the 5% rate established by the board of equalization in directing the comptroller's staff to take steps to bring Rutherford into compliance of state law, according to the letter from Kinsey, the director of the division of property assessments. "The division will promptly notify the assessor of the error rate and begin making corrections in accordance with the law," the letter said. "Furthermore, the division will maintain records of the costs incurred pursuant to this action and invoice thecounty at the conclusion of the compliance effort." Dunn, the comptroller's spokesman, said the division of property assessments is unsure how long the corrections will take or what the estimated costs will be to Rutherford. "Our office will work to ensure we make the necessary corrections in the most efficient and responsible way possible," Dunn said. This is a developing story. More government accountability: TN official accuses property assessor of assessments that are 'contrary to state law' Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@ To support his work with The Daily News Journal, sign up for a digital subscription. This article originally appeared on Murfreesboro Daily News Journal: TN Comptroller: Rutherford property assessor has unlawful appraisals
Yahoo
7 days ago
- General
- Yahoo
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City. The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner." In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt." 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents," he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys.
Hamilton Spectator
7 days ago
- Business
- Hamilton Spectator
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City . The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner.' In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt.' 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents,' he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Winnipeg Free Press
7 days ago
- Business
- Winnipeg Free Press
Tennessee court upholds law from Republican legislators to cut blue Nashville's council in half
NASHVILLE, Tenn. (AP) — A Tennessee appeals court on Tuesday upheld the constitutionality of a law passed by the state's Republican-controlled legislature to punish the Democratic-leaning city of Nashville by slashing the size of its council. The 2023 law aims to cut Nashville's consolidated city-county governing council in half, from 40 members to 20. Although it was written to apply broadly statewide to both city and consolidated city-county governments, Nashville is the only Tennessee city meeting that definition with a council of more than 20 members. The law was one of several targeting Nashville after the council's rejection of efforts to host the 2024 Republican National Convention in Music City. The Tennessee Court of Appeals 2-1 ruling on Tuesday overturns an earlier split decision by a panel of judges at the trial court level that ruled in favor of the city. The law has been on hold pending appeals. Nashville attorneys argued that the law is unconstitutional because a provision of the Tennessee Constitution that limits local legislative bodies to 25 members explicitly exempts municipalities organized under a consolidated city-county government. The city also argued the law violates another section of the Tennessee Constitution known as the Home Rule Amendment that prevents the General Assembly from making laws that apply to a single county or municipality. In ruling against the city, the majority wrote that nothing in the Constitution explicitly prevents the General Assembly from 'imposing its own limit on the voting membership of a metropolitan council.' Given the fact that the judges must start from the assumption that state statutes are constitutional 'we cannot condone interpreting the Tennessee Constitution's silence such that the legislature's power is curtailed in this manner.' In his dissent, Judge Kenny Armstrong argued his colleagues are misinterpreting the word 'exempt.' 'While the Article contains no language to enjoin the General Assembly from limiting Metro's legislative body to any number over 25, the Article clearly precludes the General Assembly from limiting Metro's membership to any number less than 25,' he wrote. Armstrong did not address the Home Rule Amendment. The majority there found that even though Nashville is the only city that the law actually effects, it was written as a law of general application. Nashville has been mostly successful in challenging some of the other state laws taking aim at the city, although many of the cases are still in appeals. In one, a judicial panel ruled the state cannot enforce a law making it easier to pass changes through the metro council to the local fairgrounds speedway, which is being considered for upgrades in hopes of drawing a NASCAR race. A court panel likewise ruled it was unconstitutional for Tennessee lawmakers to pass a state takeover of Nashville International Airport's board. Judges also temporarily blocked a law that would reconfigure the group overseeing professional sports facilities in Nashville by letting state leaders pick six of its 13 board members. Republcan House Majority Leader William Lamberth issued a statement on Tuesday praising the court's ruling on the size of Nashville's council. 'I applaud the court's decision today affirming the constitutionality of the Small Government Efficiency Act. This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents,' he wrote. Nashville Vice Mayor Angie E. Henderson said in a statement that the decision fails to respect the will of Nashville voters, who created a 'highly representative, local legislative branch.' Henderson said they will discuss next steps with the city's attorneys.
Axios
7 days ago
- General
- Axios
New ruling revives effort to cut Nashville's Metro Council in half
A Tennessee appeals court has revived state Republicans' effort to cut the size of Nashville's 40-member Metro Council in half. Why it matters: The 2-1 decision released Tuesday reverses a lower court ruling and hands the state a significant victory in its ongoing legal battle with Metro. If the appeals ruling stands, the council would be reduced to 20 members following an upcoming election. The big picture: Republican lawmakers approved a law to shrink the council in 2023 amid a pitched battle between state and local leaders. The law would have shrunk the size of the council after the August 2023 election. Courts initially delayed the law and then ruled that it violated the Tennessee Constitution because it was an attempt to single out Nashville. The latest: The divided appeals court disagreed, saying the law was constitutionally sound because it could apply in Nashville and to future metropolitan councils. "There is simply 'nothing in the language of the constitution to prevent' the Tennessee General Assembly from imposing its own limit on the voting membership of a metropolitan council," the ruling states. What's next: The city could seek a review from the Tennessee Supreme Court. What they're saying:"We are understandably disappointed and concerned about this ruling's implications for local sovereignty," Metro associate law director Allison L. Bussell said in a statement.
