October 2, 2007
How long will we remain a CIVIL society if we fail to make examples of lawbreakers?
In 1938 the county legislative body, today known as the County Commission, authorized by a referendum of the voters, issued bonds in the amount of $50,000.00. The first TVA power was distributed on April 22, 1940. This was made possible because the General Assembly in Nashville, Tennessee passed what we know today as the MUNICIPAL ELECTRIC PLANT LAW OF 1935. This provision cleared the way for counties to own and operate electric systems. To this day the CITIZENS of Benton County continue to own and operate the Benton County Electric System.
The Municipal Electric Plant Law allows for the County Commission or a five member board to oversee the Electric System operation. In the case of a board the County Mayor makes appointments subject to the approval of the County Commission.
This Board and many others operate under the authority and support of the County Commission. This elected body has the responsibility of oversight and enforcement of the law. In the case before us the Electric Board’s performance has been uncaring and lazy at best. Their lack of understanding regarding their duties and responsibilities has caused hardships on YOU the owners.
We need jobs in Benton County but in this day and age of stiff competition acquiring jobs requires a business plan for the Electric System and an arrangement to facilitate job growth before opportunities arise. This valuable resource must start working for all the people, not just a select few.
Three months ago I received many documents which indicated that the Benton County Electric System was breaking the law. I went to the County Commission and ask for a public hearing so I could present my case. The Tennessee Code Annotated 7-52-112 removal of board members states: “Any member of the board may be removed from office for cause upon a vote of three fourths (¾) of the members of the governing body of the municipality, but only after preferment of formal charges by resolution of a majority of the members of such governing body at a public hearing before such governing body.”
On September 17th our County Commission rescinded their previous approval with a motion made by Commissioner Steinbuck. An illegal second to the motion was made by Commissioner Randy Patton who was one of two no votes during the August 20th meeting. This opposition to a hearing where the Commission would set in judgment of the Benton County Electric System removes the only law that allows for the people to be heard in a meaningful way. You can see that without a public hearing it is impossible to bring formal charges. Accountability has never been an expectation or requirement at the Benton County Electric System. For the first time in the 69 year history of the system a request was made before the County government to correct problems and the answer was NO.
Since they do not desire to listen to the evidence in a public hearing, we will all have an opportunity to present our case to the people on October 8th at the Bank of Camden Community Building at 6:30 p.m.
Henry Berry