Crossville Chronicle, Crossville, TN

Area News

April 16, 2010

Attorney says city didn’t violate ethics

CROSSVILLE — The Crossville city attorney advised the city council during their regular meeting that he reviewed the accusations recently published in the Chattanooga Times Free Press newspaper and said that no city ethics rules were violated by either the hiring of city manager Curtis Adams or the renting of office space for city employees from Crossville businessman Dean Bennett.

Attorney Ken Chadwell said he took on the investigation to “clear the air” following the scrutiny some of the city's actions had come under by the Chattanooga media, including allegations of conflict of interest. Chadwell said he was giving his opinions on the record and asked that they be included in the meeting's minutes.

Chadwell talked about three issues brought up by the Chattanooga paper, city rental of office space from Councilman Boyd Wyatt's friend Dean Bennett of Crossville Realty, Wyatt's donation to Adams' re-election campaign in 2006 and Dean Bennett's son's contract to operate the fixed base operation and manage the Crossville airport.

On the city's office rental, Chadwell said that it was true Wyatt had a lease with Bennett in the building and that technically gave Wyatt an ownership interest in the building, but he said that leasehold was not the subject of debate or vote and there was no reason to disclose it. Even so, Chadwell added that Wyatt did disclose the fact prior to the vote. In addition, Wyatt pays a higher cost per square foot than the city does.

“There was no violation of the ethics code,” according to Chadwell.

Chadwell added the requests for proposals were advertised and six proposals were received by the deadline. Two of the proposals did not meet specifications for the minimum number of square feet needed and were not considered. The remaining four were compared by rent, location and costs for furniture and finishing out the space.

Bennett's proposal did not require any additional expenses and included utilities plus access to a receptionist. Chadwell said the contract was publicly debated and Bennett's proposal was approved by council vote.

On the political donation by Wyatt to Adams, Chadwell said the action was not an ethics violation or a conflict of interest. Chadwell added that there was no requirement of disclosure or recusal.

Wyatt pointed out that during the special-called meeting when Adams was interviewed that he had told the council members that he had known Adams for 4 or 5 years but had not seen him in nine months.

And on the issue of the fixed base operator contract, Chadwell said that there was no conflict of interest either in 2007-2008 or with the extension of the contract approved earlier in the night during the council's regular meeting.

Councilman Wyatt addressed the report saying, “I'm very proud of my record on the council during my years of service.” Wyatt added, “Every decision, every vote ever made was in the best interest of the city of Crossville. These allegations are false!”

Chadwell added that all the decisions questioned were made in the spotlight of public scrutiny and there were no problems or violations. “There is no reason to probe further,” Chadwell concluded.

The city attorney also reported to the council on a letter he had written to seek determination if any of the city employees currently running for political office would fall under the provisions of the Hatch Act. The Hatch Act regulates government employees running for political office if they are paid through a federal grant.

Chadwell explained that a group of government attorneys investigate each candidate's situation and then make a ruling if they fall under the Hatch Act or not. According to Chadwell, city employees are running for sheriff, road superintendent as well as county commissioner and board of education.

Chadwell said the investigation is under way and he is waiting for a letter to be returned. He did not know when he might receive the ruling but hopes it will be soon. Should an employee be found to fall under the Hatch Act they may either have to withdraw from the election or resign their city job.

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