Retired school teacher Sherry Bush addressed the Board of Education Tuesday night with a concern about the board’s practice of having “workshop” sessions and a complaint about the difficulty she experienced in having her request to speak at a regular board meeting being placed on the agenda.
Bush questioned why it was necessary for the board to have workshops to discuss business, and further, why the board does not record minutes of such meetings.
Board members defended the practice and apparently will continue having workshops, which like regular and special meetings, are open to the public, although at workshops no action can be taken.

Chairman Charles Robinson said while the board has no policy regarding workshops, they are held frequently to gather information. “There is no policy on workshops. Workshops is a tool used by school boards to take information and study it. I guess a proper word for a workshop would be a study session. We study the issues in order to make informed decisions at our regular monthly meetings.”
After attending a couple of recent workshops, Bush said she got the impression that the board, while not voting, was deliberating toward decisions. “I have had the opportunity to come to a workshop here, a couple of workshops, and it seems to me that from the appearance that I got, that although you don’t vote on issues, you discuss them thoroughly, you come to a conclusion.”
“You had a workshop to evaluate Mr. (Mark) Willoughby, (in January) who is a very important official in this county, one of the highest paid officials in this county, but we as a public don’t know how you evaluated him. We don’t know why you evaluated him the way you did. We don’t know your thinking. We need to understand your thinking. You are here to represent us, to do our business, to run our school system. I’m not up here saying that he (Willoughby) is doing a bad job. I’m not saying he’s not an excellent superintendent. I’m just saying that we have a right to know more about this than you’re giving us. I just feel like that you’re really not being fair to the public when you don’t open your meetings. I know you say they’re open, but even in the atmosphere in which you hold these (meetings). You hold these in a smaller room and people have really got to be wanting to get there to come.”
Chairman Robinson: “workshops are not governed by state law and we (board) don’t have a policy (regarding workshops) because there is no requirement that we have one.”
Bush: “I think there ought to be records of these (meetings). If you’re going to continue to have them, and apparently you are, I think there ought to be records kept. Official records kept.”
Seventh District member Johnny Lattimore said anyone is welcome to attend a school board workshop. ” If you want to come up and listen to us, you are more than welcome to, but I don’t know how you would record something that’s just thinking (thought process). Sometimes we throw things out here just as a thought but we don’t leave from there (workshops) saying come Thursday night during the board meeting, this is how we’re going to vote. We have never done that because if we did, that would be illegal.”
Sixth District member Bruce Parsley added that “we always publish when we’re having workshops. At every one I have been to, there’s always an empty chair in that other room (where workshops are held), or two, or three. If we fill up all the chairs we’ll be glad to move the workshops to a bigger room, but there is really no use if there are empty chairs over there. We would be glad for anyone to come out and listen and even throw out some of their suggestions.”
Bush replied that “the issue needs to be, that when you have a public meeting, you need to keep a record of it.”
Parsley responded that “business wise, there is a record of it because it’s done here at the board meetings.”
Bush also asked why it took so long for her request to be granted in addressing the school board on this issue. “Why in the world is it so difficult for a citizen of this county to come before the board and be put on the agenda?”
According to Board Policy, Chairman Robinson said “the board desires that all matters be settled at the lowest level of responsibility and will not hear complaints or concerns which have not advanced through the proper administrative procedures from the point of origin.”
Robinson added, “That’s what we want. We want you to start from the bottom and work your way up. I guess in your case (referring to Ms. Bush), the (bottom) would have been starting with Mr. Willoughby.”
Bush answered, “I did start with Mr. Willoughby, but you can’t talk to him if you can’t get to see him. I realize he’s very busy. But I’ve been working on this (trying to get on the agenda) since January. All I wanted was to come and ask a simple question. Why do you have workshops and If you’re going to have them why do you not keep official minutes?”
At the end of the discussion on this issue, Director Willoughby told Ms. Bush he is still willing to meet with her. “Ms Bush I appreciate your concern. I may not be able to meet with you exactly when you would like, but I would always be willing to meet with you. In the times you have come before me, I have based my opinion upon the Tennessee School Boards Association’s rules and I have talked to their lawyers. That’s where my conclusions to any decisions upon this subject has come from. But I do respect your (Bush’s) opinion although I do disagree with some of it.”
Randall Bennett of the Tennessee School Boards Association sent a memorandum to Director Willoughby concerning the legal requirements for meetings.
The memorandum states “You have asked me a question regarding the legal requirements for recording minutes of meetings and work sessions. The relevant law may be found in Tennessee Code Annotated which reads as follows: 8-44-104 (a) “The minutes of a meeting of any such governmental body shall be promptly and fully recorded, shall be open to public inspection, and shall include, but not be limited to, a record of persons present, all motions, proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of a roll call…”
Bennett writes “As you can see in section (a), an elected body MUST include in its minutes the following information:
A record of who is present at the meeting
Motions, proposals, and resolutions offered
Results of any votes taken
A record of individual votes if a roll call vote is taken”
“The law doesn’t specifically address work sessions but in my opinion may be interpreted to support the position that there are no specific requirements for minutes to be recorded for work sessions. Even taking the opposite position that the law can be interpreted to support the contention that minutes must be recorded for work sessions, it would only require keeping a record of board members present. Since motions, proposals and resolutions are not generally offered at a work session, there would be no legal requirement to record anything else.”
“The law anticipates that elected bodies may include more information in minutes than is required, however, and boards across the state vary considerably in their methods of recording minutes. Some do choose to record minutes for work sessions, but the decision to do so is a local board decision and not mandated by state law.”
The school board policy on “Appeals to the Board” states that “Any matter relating to the operation of the school system may be appealed to the board. However, the board desires that all matters be settled at the lowest level of responsibility and will not hear complaints or concerns which have not advanced through the proper administrative procedure from the point of origin.”
“If all administrative channels have been pursued and there is still a desire to appeal to the board, the matter shall be referred in writing and the board shall determine whether to hear the appeal.”
The school board policy on “Appearing before the Board” states that “Individuals desiring to appear before the board may request placement on the agenda by contacting the office of the director of schools one week before the meeting. They will be recognized at the beginning of the meeting and given time to speak when their topic of interest is addressed on the agenda. Sufficient background material will be provided by the speaker. The chairman may recognize individuals not on the agenda for remarks to the board if he/she determines that such is in the public interest. A majority vote of members present can overrule the decision of the chairman.”
“Delegations must select only one individual to speak on their behalf unless otherwise determined by the board.”
“Recognition of individuals who are not citizens of the school system is to be determined by a majority vote of the board.”
“Individuals speaking to the board shall address remarks to the chairman and may direct questions to individual board members or staff members only upon approval of the chairman. Each person speaking shall state his name, address, and subject of presentation. Remarks will be limited to five minutes unless time is extended by a majority vote of the board. The chairman shall have the authority to terminate the remarks of any individual who does not adhere to the above rules or choses to be abusive to an individual board member or the board as a whole. Members of the board and the director of schools may have the privilege of asking questions of any person who addresses the board.”
“Individuals desiring additional information about any item on the agenda shall direct such inquiries to the office of the director of schools.”
Meanwhile, in other business, the Board of Education Tuesday night approved the advancement of several teachers from apprentice to professional licensure status.
Director Willoughby says each of the following teachers has met the six domains within the framework for evaluation and professional growth model as prescribed by the State Department of Education.” These people have been on an apprentice license. They have to be on an apprentice license for three years before they can get a professional license. They have to complete three years of successful evaluations. At the end of those three years, with successful evaluations, then they can get a professional license. These people have met these requirements. Some of these people have been with us for three years. Some people have only been with us for one year, but they do meet the requirements of the state as far as going from an apprentice license to a professional license.”
Principals completing the comprehensive assessment-summative report have recommended each teacher for a professional licensure. Director Willoughby also recommended board approval.
These teachers include:
Jonathan Robert Wright, Instructional Music K-12 at DeKalb County High School
Shelly D. Painter, Pre-K to 12 Guidance Counselor
Mike C. Littrell, Visual Art K-12 at DeKalb Middle/DeKalb West School
Amy Young, Pre-School- 3 at DeKalb West School
Renee West Beaty and Misty Franklin, K-6 at Smithville Elementary
Shelly Jennings, Sabrina Kirksey, and Amy Raymond, K-6 at Northside Elementary
Director Willoughby also presented a report on personnel moves made since last month.
The following were employed for the 2008-09 school year:
Tina Fletcher, substitute bus driver
Billie Joyce Webster, substitute custodian
Pam Turner, substitute nurse
Sandra Billings, substitute bus assistant
Substitute teachers added to the list since last month include Tracie Baker, Jennifer Cole, Brenda Colwell, Julie Cook, Diane Evans, Tisha Ford, Sherrie Giles, Janna Gillard, Brian Gregory, Charlene Hallum, Amanda Lawson, Stacey Mason, Ronda Northcutt, Donna Robinson, Becky Thompson, Faye Tyree, Rebecca Waggoner, Tiffanie Van Winkle, and Brandi Womack.
Kevin Rigsby, teacher at DeKalb Middle School, has resigned
Jennifer Kickliter, deaf interpreter, has resigned
April Odom, attendance clerk, has been granted a leave of absence as requested.
The board approved an overnight trip for members of the FBLA Club at DCHS to attend the State Leadership Conference April 1st-4th in Chattanooga.
The board also granted approval for the Tigerette Softball Team to participate in the Middle Tennessee Softball Coaches Association Tournament in Clarksville on Friday, March 20th.
Jeremy R. Judkins, President of the DeKalb Youth Soccer League, appeared before the board to request permission for the use of a field at Northside Elementary School this year. The board authorized the Director and Board Chairman to take executive action to approve the request once a lease agreement has been finalized and proof of liability insurance is established.
Board Chairman Charles Robinson updated the board on the procedure for granting tenure to teachers and set a workshop for April 9th at 6:00 p.m. to “review the evaluations and recommendations of the director and his staff on those employees that are to be tenured by the DeKalb County Board of Education at our regular monthly meeting April 9th at 7:00 p.m.”
“The board of education will grant tenure only to those teachers who can present documentation of a record of excellence as a teacher and who are determined by state guidelines to be considered a highly qualified teacher or those making appropriate progress toward achieving that status. The director of schools will recommend persons eligible for tenure at a board meeting and the director of schools will provide ample notice of non-renewal to each teacher not granted tenure prior to April 15th of the year of eligibility.”

The DeKalb County Senior’s H.E.L.P. Program Chili Lunch & Dinner will be held March 27th from 11:00 a.m. until 1:00 p.m. and from 4:00 p.m. until 6:00 p.m. at the Smithville Fire Department.
DeKalb Senior Director Wanda Poss of the Smithville Center says your support is needed for the H.E.LP. program
The meal includes chili, crackers, and a drink. The cost is a $5.00 donation. Dine in or carry out. Proceeds will help build ramps, hand rails, and get food to needy seniors and the challenged of DeKalb County. A cake sale will be held featuring cakes made by seniors.
This event is sponsored by the Smithville Senior Center and the Smithville Fire Department.

The fire-protection services of DeKalb County Fire Department’s Liberty and Dowelltown service areas, as evaluated and rated by Insurance Services Office, Inc. (ISO), has improved from Class 9 to Class 6. The entire city limits of Dowelltown and Liberty Fire Service Areas will become an ISO Class 6 protection area as of June 1, 2009. This means that if your property is within 5 road miles of the DeKalb County Fire Department’s Liberty Station, a fire hydrant is located within 1,000 feet of your property, and you live within the city limits of Dowelltown or Liberty, you will receive a Class 6 Protection Rating. This improvement is expected to save residents in these areas about $200 annually on their homeowner’s insurance premiums.
Liberty Mayor Edward Hale says, “I am tremendously proud of the level of fire protection and efficiency provided by our fire department, water system, and 911 center. The hard work put forth by our fire department has resulted in this improved rating that positively affects everyone, especially those living on fixed incomes.”
Dowelltown Mayor Gerald Bailiff says, “this drastically improved fire protection rating will benefit our residents in Dowelltown by not only saving them money, but also by assuring our citizens that they have a level of fire protection that should make everyone feel more safe. During this period of economic downturn, the savings on our homeowners’ insurance premiums are definitely welcome news. We very much appreciate the time and dedication that our volunteer firefighters give to our communities.”
DeKalb County Mayor Mike Foster says, “we are extremely proud of this progress that results in direct savings to our home owners and business owners. Our ultimate goal is to improve our fire protection ratings countywide. The fire department, as evident by this evaluation, has made significant strides in improving fire protection in DeKalb County’s communities. The financial impact of this new rating is very important, but just as important is the fact that our communities should enjoy the reassurance that DeKalb County Fire Department is providing a level of service, using an all-volunteer staff, that many communities would love to have. Residents and property owners of DeKalb County should know that their dollars are spent very efficiently. Some changes in the fire service area that brought about the class 6 rating include: a new fire engine in Liberty, a committed firefighter training program, a new tanker truck, a very efficient 911 communications center, and installation of fire hydrants in these service areas. This rating change was no small task. We want to recognize the DeKalb County Fire Department, and the Dowelltown-Liberty Water System for the efficient operation of the community’s water system, the DeKalb County 911 Emergency Communications District, who provides excellent dispatch and technological communications services for the entire county.”
“Our ability to improve our PPC classification was positively influenced by our increase in training activities, updated equipment, the DeKalb 911 Emergency Communication District’s efficiency in receiving and handling fire alarms, and the ability of the water systems in both Dowelltown and Liberty to deliver sufficient water flows. DeKalb County Fire Department’s Dowelltown and Liberty service areas became one of only 185 fire departments in Tennessee to achieve a Class 6 rating according to the latest information from ISO. Of the 1,011 fire departments in Tennessee, the majority, 331, are ranked as Class 9 fire departments according to ISO. This is a huge step,” said DeKalb County Fire Chief Donny Green.
ISO collects information on municipal fire-protection efforts in communities throughout the United States. In each of those communities, ISO analyzes the relevant data using its Fire Suppression Rating Schedule (FSRS). The company then assigns a Public Protection Classification from 1 to 10. Class 1 generally represents superior property fire protection, and Class 10 indicates that the area’s fire-suppression program doesn’t meet ISO’s minimum criteria.
ISO will advise its subscribing insurers of this classification change. The rating becomes effective June 1, 2009. Homeowners in the city limits of Liberty and Dowelltown should check with their insurance companies after that date to make sure these savings are applied.

The DeKalb County Sheriff’s Department has filed petitions against two juveniles charging them in connection with a recent rash of burglary, theft, and vandalism cases.
Meanwhile a 31 year old woman, Brandy Egerton of Page Drive, Smithville is charged with aggravated statutory rape for allegedly having a sexual relationship with one of the teens. Her bond is $150,000 and she will be in court on the charge March 12th.
Sheriff Ray says the juveniles, ages 16 and 17, both male, are currently in the Cookeville Juvenile Detention Center, pending a March 11th court date.
According to Sheriff Ray, the two boys, during interviews with county detectives, admitted to committing an estimated $20,000 worth of burglaries, vandalisms, and thefts.” They admitted to going to a lot on Bright Hill Road, breaking into that lot, and stealing batteries and radios out of some of the cars being stored there.”
“They admitted to going around town and busting the front glasses out of several businesses using bb guns and other weapons. They are also responsible for shooting out a window at the home of a Smithville police officer on New Home Road and shooting out a window in the back of a vehicle at a residence on Dry Creek Road.”
“The boys also admitted to going to the Four Seasons Marina, where they broke into about 15 to 20 boats by cutting the tarps or covers to the boats. While inside some of the boats, they took amplifiers and radios.”
“One of the boys, the 16 year old, went to Zelenka Nursery, where he got into one of the nursery’s mini-trucks used to haul plants around the nursery. He hot wired the truck and drove it down one of the lanes before crashing it into a semi-trailer causing damage to it.”
Two people, Troy Lee Cunningham, and Amanda Brooke England were arrested last week on theft charges as a result of this on-going investigation. Sheriff Ray says these and other burglary, vandalism, and theft cases will be presented against these two people and possibly others during the April term of the Grand Jury.” We believe they (along with the juveniles) are responsible for a lot of the thefts and vandalism in the county. There’s so many of them (thefts and vandalisms) we haven’t yet finished working on them.”
Meanwhile in other cases, 29 year old Matthew Justin Daniel of Hurricane Ridge Road, Smithville was arrested last Tuesday, March 3rd on charges of possession of drug paraphernalia. His bond is $1,000 and he will be in court March 12th
Sheriff Ray says Daniel was stopped for a traffic offense on Evins Mill Road. Daniel gave officers consent to search and they found two hypodermic needles containing residue and a straw in a back pack on the floor board of the vehicle. Sheriff Ray says Daniel admitted that the needles and the straw belonged to him.
40 year old Tony L. Edge of Puckett Road, McMinnville and 24 year old Sara Nicole South of Short Mountain Street, Smithville were arrested last Wednesday, March 4th .
According to Sheriff Ray, deputies stopped a vehicle on Highway 146 for weaving. Officers learned that Edge’s driver’s license was revoked and that this was his third offense of driving on a revoked license. Deputies obtained consent to search and found two needles. One of the needles was in the floor board of the vehicle and the other needle was on Edge’s person. Also in the vehicle was a gallon jug, about a quarter full, of a clear liquid believed to be moonshine.
Edge was charged with possession of untaxed liquor, a third offense of driving on a revoked license, and possession of drug paraphernalia. His bond is $5,000.
Meanwhile, South, a passenger of Edge’s vehicle, was charged with possession of drug paraphernalia. Her bond is $1,000 and her court date is March 19th. Sheriff Ray says South handed the officers four needles after they asked her if she had anything illegal on her.
35 year old Hollie Dawn Nash of Sparta Highway, Smithville was charged with driving on a revoked license last Wednesday, March 4th.
Sheriff Ray says deputies worked an accident on Highway 70 and discovered that Nash was driving on a revoked license. Her license had been revoked for a DUI on January 18th, 2008 in White County. Her bond on that charge was $2,000.
On the night that she bailed out of jail, Nash got into trouble with the law again. According to Sheriff Ray, deputies were called to a residence on Sparta Highway to answer a domestic complaint. Upon arrival, they spoke to the complainant, Nash’s boyfriend, who alleged that he and Nash got into a verbal confrontation with each other and that she bit him on the arm causing an injury. Nash was charged in that case with domestic assault and her bond is $2,500
She will be in court on both charges March 19th.

Someone tried to steal a money bag from a female car hop at Bumpers Drive-In Friday night.
Smithville Police are investigating and Detective Jerry Hutchins, Jr. says while no arrests have yet been made, there are suspects in the case.
The restaurant manager says on Friday night two men in a pickup truck pulled into one of the stalls and stopped. The driver placed an order for a drink.
As the car hop came out of the restaurant to deliver the order, the driver of the truck backed out and drove to another stall at the rear of the building and motioned for the car hop to follow him. A witness reports that as the truck stopped in the stall, the passenger of the truck got out and hunkered down behind the vehicle as the car hop approached. The man then came up behind the car hop and grabbed the apron she was wearing, which contained a money bag. As she screamed for help, the car hop also turned and struck her assailant with the metal serving tray she was holding. The man, who fled on foot, did not get the money bag, but did apparently drop some cash as he made his getaway.
A male car hop, who heard the screams of his fellow employee, initially chased after the man but gave up the chase, to pick up the bills left on the ground.
Meanwhile, the driver of the truck got out and came to the front door of the restaurant, telling the manager that he had forgotten to give the car hop a tip. And when the manager asked him to stay and give an account of what he had seen to the police upon their arrival, the man got back in his truck and left. Restaurant employees got the tag number of the truck and reported it to police.
Police have not yet said whether the driver of the truck and the man who tried to rob the car hop were actually working together.

The manager of Hidden Harbor Marina died in a pickup truck crash either late Saturday night or early Sunday morning on Hurricane Ridge Road.
Dead is 56 year old Rickie Eugene Latta of Smithville.
Trooper Jimmy Knowles of the Tennessee Highway Patrol says Latta was driving a 1999 Dodge Ram pickup truck, heading north toward the marina where he lived, when he lost control of the vehicle on Hurricane Ridge Road near the fire tower location.
According to Trooper Knowles, Latta apparently failed to negotiate a curve and overcorrected. The truck went back across the left side of the road and overturned several times, coming to rest upside down in the edge of the woodline about 170 feet from the roadway. Latta, not wearing a seatbelt, was ejected from the truck. His body was found in a field about 84 feet from the edge of the road and about 86 feet from the truck.
There were apparently no witnesses to the crash so the exact time of the accident has not been determined. Trooper Knowles says Latta was last seen alive around 11:00 p.m. Saturday night. His body was found around 6:30 a.m. Sunday morning by a resident who lives near the scene of the accident.
In addition to Trooper Knowles, DeKalb EMS, members of the DeKalb County Fire Department, and the DeKalb County Sheriff’s Department also responded.

Unclaimed refunds totaling approximately $19,917,000 are awaiting nearly 22,000 Tennesseans who did not file a federal income tax return for 2005, the Internal Revenue Service announced today. However, to collect the money, a return for 2005 must be filed with the IRS no later than April 15, 2009.
“Tennesseans should check their records, especially if they had taxes withheld from their 2005 paychecks but were not required to file a tax return,” said IRS spokesman Dan Boone. “They may be leaving money on the table, including valuable tax credits.”
The IRS estimates that half of those Tennesseans who could claim refunds for tax year 2005 would receive more than $586.
Some individuals may not have filed because they had too little income to require filing a tax return even though they had taxes withheld from their wages or made quarterly estimated payments. In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. If no return is filed to claim the refund within three years, the money becomes property of the U.S. Treasury.
For 2005 returns, the window closes on April 15, 2009. The law requires that the return be properly addressed, postmarked and mailed by that date. There is no penalty assessed by the IRS for filing a late return qualifying for a refund.
The IRS reminds taxpayers seeking a 2005 refund that their checks will be held if they have not filed tax returns for 2006 or 2007. In addition, the refund will be applied to any amounts still owed to the IRS and may be used to satisfy unpaid child support or past due federal debts such as student loans.
By failing to file a return, individuals stand to lose more than refunds of taxes withheld or paid during 2005. Many low-income workers may not have claimed the Earned Income Tax Credit (EITC). Generally, unmarried individuals qualified for the EITC if in 2005 they earned less than $35,263 and had more than one qualifying child living with them, earned less than $31,030 with one qualifying child, or earned less than $11,750 and had no qualifying child. Limits are slightly higher for married individuals filing jointly.
Current and prior year tax forms and instructions are available on the Forms and Publications Web page of IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Information about the Earned Income Tax Credit and how to claim it is also available on IRS.gov. Taxpayers who need help also can call the toll-free IRS help line at 1-800-829-1040.

State Representative Terri Lynn Weaver has released her latest report on legislative issues before the Tennessee General Assembly.
House Bill 421 passed on the House floor this week, a move that will aide in expediting the Volkswagen and Hemlock projects in Chattanooga and Clarksville. Last week, Commissioner Matt Kisber from the Department of Economic and Community Development told the House Finance, Ways and Means Committee that the companies and the state had set an ambitious timeline to move things forward, and the passage of bond legislation was paramount.
The bill will bond the projects that will provide infrastructure for the sites, something the state committed to do when luring the companies to Tennessee. Analysts say the revenue stream from Volkswagen alone will cover the annual debt service, and exceed it once Hemlock is up and running. The two companies together are expected to directly provide about 2,500 new jobs in addition to countless others in related sectors from vendors and contracts.
Supporters say the economic impact of the companies will benefit the entire state. However, critics have accused the Administration of using taxpayer dollars to lure large companies to Tennessee, with no parameters in place to ensure that taxpayers are protected.
I expressed my concern over this legislation because it called for the state to go into debt to pay for a $268 million project with taxpayer funds. The bill gives the Governor the go-ahead to bond several projects in Middle and East Tennessee, instead of paying cash that had already been allocated by the legislature last spring. I voted “present not voting,” saying I could not vote in favor of the state going into more debt.
I realize the taxpayers of my district are already suffering, trying to keep their own jobs and small businesses afloat. I believe the state should lower the taxes on small businesses by the same $268 million for a year in order to spur jobs in every small town in the state. It still remains to be seen, if whether or not our district will see any job creation from these projects.
Another concern of mine is the possibility that these companies may eventually close or leave the state, leaving taxpayers to pay off the debt. I feel like we are putting this on a credit card when we have the cash, and I don’t feel like that is responsible. Why take out a car loan if you can pay for it with cash? While I greatly support and applaud economic development, we must be smart about how we pay our bills.
We are receiving up to $4.3 billion through the federal stimulus package—and this is exactly the type of one-time expenditure that the stimulus cash can be used for, we cannot continue to spend beyond our means, and grow government at this accelerated rate.
Gun legislation continues to advance in House committees…
Several bills that members have advocated for several years to expand the rights of gun owners in Tennessee cleared the Judiciary Committee this week. House lawmakers were pleased to see the passage of the legislation, which had been killed in previous years by a House committee. Legislators have argued that the common-sense provisions are needed to expand and protect the Second Amendment rights of Tennessee’s legal gun owners.
House Bill 961 will allow licensed carry permit holders to carry firearms in a refuge, public hunting area, wildlife management area, or forest land. Under current law, it is unlawful for a person to possess a firearm in these areas frequented or inhabited by big game, except during open hunting seasons on these areas. The bill expands that right to allow legal firearms the entire year, without exemption. Having passed Judiciary Committee this week, the bill now moves onto the Budget Subcommittee.
A second bill, House Bill 716, aims to expand the right to carry a legal firearm on the grounds of any public park, playground, civic center or other property owned, used or operated by the municipal or state government. The legislation was another one that cleared the Judiciary Committee hurdle, and will now face Calendar and Rules.
Two of the bills that saw passage in the subcommittee last week were delayed for a vote in the full committee this week. House Bill 959 would seal the records of handgun carry permit holders that are currently public record. The bill stipulates that anyone disclosing information about permit holders would face a $2,500 fine for the violation. Tennesseans became outraged earlier this month when the Commercial Appeal, a Memphis-based newspaper, published the handgun carry permit database in an easily searchable format on their website. Citizens and lawmakers criticized the paper, calling the action ‘irresponsible’ and ‘dangerous.’ Some contended that in addition to printing a list that would make it easier for criminals to steal weapons, non-gun owners were also at risk because it would be easy for criminals to use the database to find homes that likely did not have a firearm.
Another bill, House Bill 962, would allow legal permit holders to take their weapons into restaurants that sell alcoholic beverages, as long as the permit holder does not consume alcohol. Firearms will still be forbidden in these establishments after 11 p.m., and each restaurant may restrict weapons in their establishment if they choose and clearly post the restriction. This legislation was also delayed in the full committee this week but will be before Judiciary Committee on March 11th.
House approves changes to civil service rules…
The legislature considered changes to the state’s civil service rules this week, giving the Administration more flexibility to manage the economic downturn. Originally in opposition the bill, the Tennessee State Employees Association (TSEA) worked with members of the General Assembly to iron out details and amendments that protected current state employees.
After passing the Senate handily, the House immediately took the bill up for consideration, where it overwhelmingly passed with a vote of 96 to 1. The new rule changes will give the Administration the flexibility to adjust the work week by eliminating days if needed, moving qualified employees between departments to open positions, and facilitating furloughs instead of layoffs. The legislation agreed upon stipulates that the new policies will only be in place for one year.
In brief…
The Criminal Practice and Procedure Subcommittee of Judiciary passed a bill this week that aims to strengthen sexual offender laws in Tennessee. House Bill 620 redefines “indecent exposure” to include knowingly engaging in the person’s own residence certain conduct in the presence of a child for the purpose of sexual arousal or gratification.
The Local Government Subcommittee stalled legislation that would ban open containers in vehicles this week. Currently, no driver may consume an alcoholic beverage or possess an open container of such while operating a motor vehicle, but passengers may consume alcohol. Had it passed, House Bill 387 would have freed up a portion of federal funds that could be used for roads. The bill died due to a tie vote.
The House honored Ron Campbell on Wednesday, via House Joint Resolution 15. Campbell has served for a number of years as the House Radio Broadcast Specialist, and has also been a leading voice on both country and gospel radio. Campbell is noted for his deep, legendary voice and has been a regular on numerous radio and television shows, as well as the world-famous WSM radio in Nashville, original home of the Grand Ole Opry.
Last year, the Department of Safety (TDOS) sent letters to all firearms instructors requiring them to furnish information such as the firearm owner, name of the student using the firearm, and the make, model, and serial number of the firearms used. TDOS acknowledged shortly after that it was a clerical error that sent the letters out. House Bill 46 seeks to prohibit TDOS from asking firearms instructors for certain information, and was approved by the Criminal Practice and Procedure Subcommittee. The bill will be heard in Judiciary next week.

A 61 year old Smithville woman was injured in a one car crash around 10:30 p.m. Thursday night on Highway 56 south near the intersection of Keltonburg Road.
Lieutenant Randy Maynard of the Tennessee Highway Patrol says Paula Gail Smith was driving north on Highway 56 in a 2000 Ford Contour when the car veered over the center line across the southbound lane and went off the road into a ditch and then struck a culvert. The car overturned and came to rest on it’s top at the edge of the highway.
Lieutenant Maynard says Smith was wearing her seatbelt and the car’s airbag deployed upon impact. She was removed from the vehicle by DeKalb EMS.
Members of the Keltonburg and Blue Springs stations of the DeKalb County Fire Department were also on the scene.
Smith was airlifted by a helicopter ambulance and flown to Erlanger Hospital in Chattanooga where she was still in critical condition at last report.

DeKalb County’s Unemployment rate for the month of January soared to 10.8%, an increase from the revised rate for December of 9.2%, and up significantly from 5.7% in January, 2008
The DeKalb County Labor Force for January, 2009 was 9,890. A total of 8,820 were employed and 1,070 were unemployed.
Tennessee’s seasonally adjusted unemployment rate for January 2009 was released last week at 8.6 percent, 1.0 percentage point higher than the December rate of 7.6 percent. The United States unemployment rate for the month of January was 7.6 percent.
County non-seasonally adjusted unemployment rates for January 2009, released today, show that the rate increased in all 95 counties. All counties also recorded over-the-year unemployment rate increases.
Lincoln County and Knox County registered the state’s lowest county unemployment rate at 6.6 percent. Perry County had the state’s highest unemployment rate at 27.3 percent, up from 20.1 in December, followed by Lauderdale County at 18.6 percent, up from 15.7 percent in December.
Knox County had the state’s lowest major metropolitan rate of 6.6 percent, up 0.9 percentage point from the December rate. Davidson County was 7.0 percent, up 1.1 from the previous month. Hamilton County was at 7.4 percent, up 1.0 percentage point from the December rate, and Shelby County was 8.6 percent, up from the December rate of 7.4 percent.