Mayor Kim McMillan
Clarksville, TN – I have called this Special Session of the Clarksville City Council to address what I believe is a very important and time-sensitive issue that has been brewing for some time now—and that is the relationship between the City of Clarksville and its Department of Electricity.
Let us all remember that we were elected by the citizens of Clarksville to do the people’s business and not to allow personal feelings or personality conflicts to interfere in our quest to provide the best representation possible. However, I believe the time has come to take action that involves the judicial system.
As all of you know, I have tried to approach this situation in a calm and deliberate manner. I have not acted rashly or without legal authority in an effort to avoid subjecting the City to unnecessary litigation. I have indicated my displeasure in the action of the Power Board in hiring a former elected official as Superintendent of the Department of Electricity without waiting the required time period from the end of his term in office. I have asked the Council to request a Charter amendment from the State Legislature so no future Mayor or Council Member can be hired as the head of that Department until one year has passed from the time that person leaves office. I have requested two (2) Attorney General’s Opinions to try and find answers to our current dilemma.
Unfortunately, we are left with more questions than answers. The Opinions of the Attorney General and the opinion of the lawyers for the Power Board are confusing and contradictory. But–one thing is certain. A court action seeking to remove the remaining members of the Power Board because the Board was not formed consistent with the requirements of the Municipal Electric Plant Law of 1935 (the “MEPL”) is one sure way to begin the process of closure. We should also pass an Ordinance to bring the Power Board into compliance with the MEPL as the terms of the current members expire.
While some of you would like to see an immediate resolution of this situation by simply removing the current Power Board members and the Superintendent–the law is clear–the Mayor or the City Council does not have such authority. To attempt to do so would be irresponsible and illegal.
However, there are several alternatives. First, the Council can remove the Power Board members for cause under a complicated procedure that requires Resolutions, trials and allegations of specific wrongdoing. But this option does not focus on the fact that the Board was not properly formed under the MEPL. Second, the current Board Members terms can simply be allowed to expire over the next several years and then be replaced. But this option does not allow a member of the governing body to serve on the Board. Or, third and most appropriately, ask the District Attorney to file an action for Quo Warranto to request a court of law to remove the board members, who are holding their positions contrary to law, prior to the end of their terms while defining the relationship between the City and CDE.
As your Mayor, I ask you to seek the best resolution of this situation that is legal and proper under the law. Authorize the filing of court action and also pass an ordinance that will require compliance with the MEPL. The state law, through the MEPL, allows the City to have a member of the governing body sit on the Power Board which will provide the appropriate oversight that this important City Department deserves and the public expects. The majority of the current make-up of the Board has refused to comply with our request to fund a previously agreed upon internal auditor, refused to participate in our open budget hearings and has indicated that they do not believe they are part of City government.
The time to act is now. Thank you for your attention.
