In a letter submitted to Senator Tim Barnes and and Representatives Joe Pitts, Phillip Johnson and Curtis Johnson regarding action on the proposed charter revisions, Judge Smith voiced appreciation for their input and concerns regarding the city charter but suggested that their input would not be reflected in charter revisions.

Judge Smith  made an e-mail copy of his letter to Clarksville’s state legislators  available  to media and local civic and human rights organizations. In this missive,  Judge Smith acknowledges the work performed by the City Council but cites limitations to its ability and resources to adequately review information and issues on the Council table:

“Our City Council works hard, attends many meetings, and functions in a fashion that, in my opinion, is totally orchestrated and controlled by the executive branch of government.  The bulk of information utilized by the City Council in decision-making is prepared, edited, and shaped by the executive branch of government.  The current structure does not allow the City Council to have staff or resources to independently examine issues, obtain independent legal opinions or independent financial analysis.”

Judge Smith also criticized the city’s administrative structure, noting in his communique  that:

The Clarksville government structure provides no balance of powers, no checks and balances, and no separation of powers.  The executive branch (Mayor) controls the legislative branch by serving as a voting member, presiding over meetings of the legislative branch, and appointing and removing, at will, council committee members and chairpersons.  The judicial branch is equally under the control of the executive branch.  Except for the brief moment of rendering a decision in City Court, the executive branch controls all aspects of the docket, court personnel, and the enforcement or non-enforcement of judgments of the City Court.

Clarksville is the state’s fifth largest city, but, Judge Smith noted,  unlike the state’s top four municipalities, “the Clarksville City government structure is much more similar to cities or towns with a population of 1,000, rather than an expanding municipality with a population in excess of 100,000.” He added that no major city in Tennessee has its mayor as a seated member of the City Council, and summed the state of the city as “a monarchy.”

The Letter

Here is the complete text of Judge Smith’s letter:

Dear Senator Tim Barnes, Representative Curtis Johnson, Representative Phillip Johnson, and Representative Joe Pitts:

Thank you for your suggestions concerning the revised Clarksville City Charter.  The City Council’s analysis of the concerns you raised was, in my opinion, “one-sided,” much like the Charter revision process.  It appears that no meaningful change will occur.

I realize that municipalities in Tennessee exist at the pleasure of the State in their numerous and frequently unusual forms.  Unfortunately, the Clarksville City government structure is much more similar to cities or towns with a population of 1,000, rather than an expanding municipality with a population in excess of 100,000 (e.g. no mayor of TN Big 4 cities also sits as a council member).  The Clarksville government structure provides no balance of powers, no checks and balances, and no separation of powers.  The executive branch (Mayor) controls the legislative branch by serving as a voting member, presiding over meetings of the legislative branch, and appointing and removing, at will, council committee members and chairpersons.  The judicial branch is equally under the control of the executive branch.  Except for the brief moment of rendering a decision in City Court, the executive branch controls all aspects of the docket, court personnel, and the enforcement or non-enforcement of judgments of the City Court.

The revised Charter, in my opinion, conflicts with State law in several areas as it relates to the judiciary.  T.C.A. § 16-18-310(b) provides, in part, “the clerk of the municipal court shall maintain an accurate and detailed record of court proceedings… .”  T.C.A. § 55-10-306(a) provides, in part, “that every magistrate or judge of the court shall keep or cause to be kept a record of every traffic complaint, warrant, traffic citation… .”  The proposed Charter, Article V, section 1(f), provides, “the clerk of the City Court, under supervision of the Finance Department, shall keep or cause to be kept City Court dockets… .”  The proposed Charter assigns judicial statutory responsibility to the Finance Department.  T.C.A. § 16-1-102 provides, in part, that “every court has the power to compel obedience to its judgments, orders, and process… .” The proposed Charter, Article V, section 1(b), states, in part, that “the City Judge shall have power… to enforce the collection of all such fines and costs and, in default of payment thereof, to pursue collection of the same through the City Finance Department and City Attorney.”  The proposed Charter seeks to dictate, limit, or proscribe the method the Court would utilize to “compel obedience to judgments.”  The proposed Charter, Article V, section 1(d), ends with the language “the City Judge, with approval of the Mayor, may remit with or without conditions, fines and costs imposed for the violation of any ordinance or Charter provisions of the City or any part of the same.”  This language, and language in part (e) which states that “the Judge to certify to the Finance Department for collection of all fines,” is gibberish. The elected Judge does not require approval of the Mayor” to discharge judicial responsibilities, and further the Judge does not handle any funds and, unfortunately, all personnel who collect funds, establish dockets, and discharge any other functions related to the judiciary are supervised and accountable exclusively to the executive branch of government.  The Judge cannot “remit” or “certify” anything related to funds.

These are a few obvious conflicts the proposed Charter creates concerning State law and common sense as it relates to the judiciary.  The Charter Revision Committee did not ask for my input, the input of the former City Court Judge, or the input of anyone with judicial experience as they made Charter revisions.  The current Charter is admittedly obsolete and outdated in many areas; however, the proposed Charter does not address fundamental Charter shortcomings.

Without independent branches of government and separation of powers, there are no checks and balances, and the executive branch in Clarksville simply does as it chooses without regard to the proposed or current Charter, statutory law, or Constitutional law.  Our City Council works hard, attends many meetings, and functions in a fashion that, in my opinion, is totally orchestrated and controlled by the executive branch of government.  The bulk of information utilized by the City Council in decision-making is prepared, edited, and shaped by the executive branch of government.  The current structure does not allow the City Council to have staff or resources to independently examine issues, obtain independent legal opinions or independent financial analysis.

The proposed Charter further erodes the concept of independent branches of government and balance of power.  Unfortunately, there does not appear to be a method of accountability for the executive branch, given the total control exercised over the legislative branch of government.  The Mayor presides over the legislative branch, introduces legislation, and votes on any matters he chooses, which essentially creates a monarchy. Unfortunately, I do not see avenues for bringing about positive change unless you act.  Keep asking the hard questions.  Clarksville deserves it.

Thanks for your consideration.

Judge Charles W. Smith

Rep. Curtis Johnson

Representative Curtis Johnson has been appointed to Commerce, Finance, Ways and Means Committees, and Veterans Affairs Joint Committee.

NASHVILLE – Representative Curtis Johnson (R-Clarksville) has been appointed to the House Commerce Committee, and the Finance, Ways, and Means Committee for the 106th General Assembly.  The Speaker of the House announced the appointments today as the House continues to organize for the upcoming session, beginning February 9th.  In addition to these committee, Rep. Johnson was re-elected by his caucus to serve on the Fiscal Review Committee
The Commerce Committee considers legislation concerning insurance, state regulatory boards, taxes, corporations, banks and other financial institutions. The Finance, Ways and Means Committee is responsible for every piece of legislation that has a fiscal impact of $100,000 or more. Legislation is referred to this committee from other standing committees.

“I am honored to have been named to these committees,” said Representative Johnson. “Although it will be a difficult year with regards to the state budget, we will manage through it and carefully consider the impact of every piece of legislation. I look forward to working with my colleagues on these matters—because it is certainly going to take everyone’s input,” he added.

In addition, Johnson was appointed to the Joint Committee on Veterans Affairs. Representative Johnson served in the United States Navy, and is the former President of the Tennessee-Kentucky Chapter of the Association of the United States Army. His district also includes Fort Campbell, home of the famous 101st Airborne Division.

“I am particularly honored to serve on the Joint Committee on Veterans Affairs,” said Rep. Johnson. “Many of these brave men and women reside in my district, and I look forward to working on positive legislation that will benefit them,” he concluded.