Commission mulls Hurley residenc

Commission mulls Hurley residency

Jeremy Nash news-herald.net

Loudon County Commission’s workshop on Monday included one commissioner inquiring about another’s residency after hearing about it through social media.

Van Shaver, county commissioner, asked where county commissioner Julia Hurley lived after learning she moved. Hurley is currently designated for the second district, but Shaver noted she appears to have moved to the fifth district.

“The issue is have you moved out of the second district?” Shaver said. “If so, you have given up your seat. If you haven’t, you haven’t, but we have certain responsibilities that if you have vacated your position then we have responsibilities that we have to take on. So, it’s only relevant that we bring this for a conversation.”

Hurley repeatedly in the short but heated conversation declined comment and referred Shaver to county attorney Bob Bowman.

“You don’t need to, I know you have,” Shaver said. “... Well, I would say possibly in August we’ll have to take a vote to declare your seat vacated and start a 120-day process to replace you.”

According to Tennessee Code Annotated 5-1-104, a “county legislative body shall be required to make an appointment to fill a vacancy within 120 days of receiving notice of the vacancy unless during that time period there is a general election scheduled in the county and there is sufficient time for the vacancy to be placed on the ballot in accordance with this section.”

TCA 8-48-101 notes a vacancy will occur if an elected official ceases to be a “resident of the state, or of the district, circuit or county for which the incumbent was elected or appointed.”

Shaver was provided TCAs and an attorney general opinion from Bowman.

“Do you want to hear your own videos? Would that help you any?” Shaver said.

“You’re welcome to speak to the county attorney,” Hurley added.

Henry Cullen, commission chairman, asked Hurley if the move was temporary.

Hurley said the move was temporary.

According to TCA 2-2-122, a person does not lose residence if there is intention to return, “the person leaves home and goes to another country, state or place within this state for temporary purposes, even if of one or more years duration.”

“That intent does not have a time limit,” Hurley said. “That is all I need to say and that’s what I’m saying. So you’ll need to speak to the county attorney or one of the attorneys in Nashville or your TCCA (Tennessee County Services Association) representative who has also been contacted about this and informed about the entire process, as have you, but you (Shaver) wanted to bring it up in public because that’s what you do and that’s fine.”

Shaver questioned if she told Cullen when she planned to move back.

She repeatedly told Shaver the house has not sold and referred him to Bowman.

“Who do you think contacted the attorney to begin with? Do you know who gave me the information on this? He did,” Shaver said. “He was the one that gave us the TCAs, the attorney general opinion, the whole nine yards.”

Hurley left before the workshop ended for an unknown reason.

Prior to adjourning, Shaver read a text he had sent Bowman that night. He questioned Bowman if he had told Hurley to not speak on the issue.

“His answer, ‘No, I sent her the statute to read today,’ and what he sent her was what he had already sent myself, you and I don’t know who else,” Shaver said. “... ‘She told us repeatedly that you told her not to speak about it and if anybody had any questions they should contact you.’ His question is, ‘Do I need to write an opinion letter for the commissioners?’ My opinion of that is I don’t care if he does or not. At this point it’s up to either the district attorney or her constituents to do something about it. She’s moved out of her district, I don’t care if she wants to speak about it or not. She’s in the fifth district.”

Shaver said he hated to speak about the issue without Hurley present.

“I’m not accusing, but if someone says on a video they’re selling their house, if somebody has a lease to lease it to somebody, that’s intent is it not?” Adam Waller, county commissioner, said.