When asked if she had moved out of her district, she essentially took the fifth. She stated, the county attorney had advised her not to speak about the matter and we would need to contact him if we had any questions. She repeated this same statement to every question, maybe a dozen times.
I contacted the county attorney later during the meeting to see if what she said was true. The county attorney denied he gave Ms. Hurley any such advice. Unfortunately, by this time Ms. Hurley had already left the meeting.
So, the only answer we got from her was that the move was temporary. The law does allow for a temporary absence for an elected official from the district, county or state of their residence or domicile but the legal definition of one's residence is very clear. No one can have more than one residence/domicile. The problem with Ms. Hurley's claim is, she never mentioned anything about moving temporarily till after she got caught.
....Furthermore, as noted above, the vacancy in the office is automatic and no judicial determination to that effect is necessary. See Bailey v. Greer, 63 Tenn. App. 13, 34, 468 S.W.2d 327, 336 (1971). Thus, if a county commissioner does not reside in the district from which he or she was elected, a vacancy in that office will exist. Tennessee Attorney General Opinion No. 12-79
Ms. Hurley has told so many different stories to so many different people, it's hard to figure out what the truth is. But the fact is, Ms. Hurley has absolutely moved out of her district which would automatically disqualify her from serving on the county commission.
Four things could take place at this point. Ms. Hurley could admit she has moved and is disqualified to serve and resign. The county commission could declare her seat vacated and begin the 120 day process to appoint her replacement. The district attorney could remove her or a citizen of Loudon County could take suit to remove her. Or I guess a fifth option could be that she move back to the 2nd district.
With her monthly stipend and benefits from the county, Ms. Hurley is receiving more than twenty thousand dollars per year in tax payer money. Given that she has moved out of her district, that's almost taking money under false pretence.
Below is the time line of events. You can decide what her plans were. See if you hear anything about being a temporary move till after she was confronted about her move.
On May 31st, Ms. Hurley posted the first video about her move. Bought A New Home, Selling Her Old One.
6/5, Ms. Hurley actually moved
from her home on 5th Ave. in the 2nd district to her new home in
Harrison Woods, 5th district.
6/8 Social Media Post
6/8 Social Media Post
6/10, Second Video On Social Media, Unpacking
Click Here For Unpacking Video
6/12, At the advice from the county attorney, Ms. Hurley was contacted by commission chairman, Henry Cullen, to ask about her residency status. Ms. Hurley told the chairman she had not moved and still lived in the same house she lived in when elected.
6/12, Ms. Hurley contacted county mayor, Buddy Bradshaw to inform that she had moved temporarily to have foundation work done on her 5th Ave. home.
6/21, It Was Announced On
Social Media That Her Old Home was Going To Be Bought For A Men's
Halfway House.
6/22, Ms. Hurley Posted A
Picture On Social Media From Her New 5th District, Harrison Woods Home
6/24, Ms. Hurley was asked by a citizen, at the commission meeting, if she had moved out of the 2nd district. She said she had not but it was none of the citizen's business or anyone's else's business, but thanks for asking.
7/15, Ms. Hurley's 5th Ave. Home has been rented to a new tenant.
7/15, Ms. Hurley refused to discuss her move at the county commission meeting.