Opinion
When I sat down to write this guest editorial, I was so mad and frustrated, I was actually ashamed. As a Giles County commissioner, I was mad at the lack of honesty, integrity and the overall lack of doing right by the people of this county. I evaluated the situation and instead of ranting with anger, I decided to try to reasonably explain a serious problem that has evolved in this county.
During the January scheduled county commission meeting, a resolution came forward to change the distance requirements for the sale of beer in the county. The change would have moved the distance that beer could be sold from a church, school or place of public gathering from 1,000 feet to 400 feet. This proposed change caught a lot of commissioners by surprise since nothing had been discussed at any previous committee meeting. It was a well-kept secret until one week before the commissioners meeting when it appeared on the agenda.
Giles County Executive Janet Vanzant stated during that January meeting that it would take a two-thirds majority vote to change an existing rule or requirement. On court day, several objections came forward to moving this distance. I personally have had more phone calls from constituents voicing their opposition to this distance change than any item that has ever come before the commission during my term. When the commission voted, the tally was 13-7 with one commissioner absent. The motion was declared to have failed according to the guidelines that it takes 14 votes for a two-third majority. This was the correct decision announced by the chair, Mrs. Vanzant, and recorded in the minutes. This should have ended the situation.
In order to understand what has happened since that vote failed, you must first understand what occurred just before the vote was taken. The proposed resolution stated that it is in the best interest of the public that this distance be changed from 1,000 feet to 400 feet. During discussion, I stood up in court and said this was not in the best interest of the public but more likely in the best interest of one business and it would ultimately affect all the public. Two members of the Beer Board said they had no knowledge of anyone that wanted a license, but it appears that was false, because it has since been revealed that this actually was done for one business, and the owners were there in court that day to file their application if it passed.
A few days after the distance requirement was defeated by the county commission, our county executive, Mrs. Vanzant, took it upon herself to declare the resolution had actually passed, and she ordered the county clerk to start taking applications for beer permits within 400 feet of churches, schools and public gatherings. She released a statement saying she had made a mistake, and the distance change did not require a two-thirds majority but only a simple majority. Please keep in mind that the minutes of that meeting show a failed motion, and it has never been presented as a correction to the full commission, which is required for such a change to be accepted. I have been a county commissioner for more than three years, and it has always taken a two-thirds majority to change any rule of our county court. We have a directive from our county attorney stating the reasons for a two-thirds majority. It states plainly “that a two-thirds majority is required to suspend or modify any order or provision that has been previously adopted.”
When the county executive decided to change the vote of the commission, I sponsored a resolution to allow the distance rule stay at 1,000 feet. This resolution passed by a 16-5 vote during a called meeting on Monday, Feb. 8. However, on Friday, Feb. 12, three members of the county Beer Board took it upon themselves to ignore the wishes of the county commission, and against the legal advice from the county attorney to postpone the vote, approved a beer license under 1,000 feet.
This action, as our county attorney advised it would, invalidated this county’s distance requirements. It is very possible at this time that Giles County has no valid distance requirements for the sale of beer.
This situation has been handled poorly from the very beginning. And we as commissioners wonder why the people of this county have little or no faith in their county government. One would like to think this was nothing but a series of mistakes, but at the very least, the decision of three county commissioners who serve on the beer board to override a 16-5 vote of the county commission was no mistake. Commissioners Chan Harris, Stoney Jackson and Edwin Lovell knew the repercussions of their actions and they acted deliberately against the will of the full commission.
Do you really think this is what your county government should be dealing with when so many people in this county are without jobs and struggling to make ends meet? There are many ways your government can serve you, but this is where your leaders are putting their efforts.
The ultimate results of this mess probably won’t be known until legal opinions have been obtained and lawsuits have been settled. However, the people of this county can start changing things a whole lot quicker than the legal system.
Remember, this is an election year. Please examine your candidates and their past actions closely before giving them your vote.