Tuesday, March 21, 2017

Cocke Legislative Body
Members of the Cocke County Legislative Body(CLB) met Monday evening to a standing room only audience. The primary issue was the termination earlier this month of Cocke County Fire Chief William "Bear" Smallwood by Cocke County Mayor Crystal Ottinger. At the time the mayor said she could not elaborate on the reasons for the termination but said she was notified in February that an investigation was being conducted by the Federal Equal Employment Opportunities Commission (EEOC)after a complaint was filed alleging incidents of sexual harassment, workplace violence and harassment at the Fire Department. Ottinger said she talked to Smallwood "but later there were additional occurrences" which she viewed as retaliatory, one of which involved Smallwood. Based on those incidents as well as other factors, the mayor terminated the chief. Monday evening the Ottinger said the EEOC investigation is continuing. Smallwood's attorney, Tom Jessee, addressed the commission saying, "There is an issue as to whether your civil service commission exists or does not exist, is in effect, is not in effect, which impacts what Mr. Smallwood is allowed to do or not do". The attorney said he is in possession of a letter from the mayor written last year, in which she said a meeting was planned regarding the proposed civil service board. Jessee said Smallwood has filed an objection with the board and has requested he be re-instated. "I've found that the only people who make money in the courts are lawyers....and we really just want to put this fine man back to work", the attorney said and he asked the body for direction. A civil service board was created last year however, Mayor Ottinger opposed it saying there is no provision in state law for such a board. Still the fire civil service board has been meeting and has it's own legal counsel. Because of the argument that a board is not legal, County Attorney Carter Moore asked for an opinion from the State Attorney General, however Herbert Slatery declined to opine on the issue saying the decision was a local one. Last evening Moore said he believes the current board is illegal. More recently state lawmakers have been asked to pass a Private Act to establish a Fire Civil Service Board if one is not allowed under state law, and that issue is to be addressed later this month. Commissioner Clayton"Skip" Ellison asked the mayor if she plans to rehire Smallwood and she responded "no". Commissioner Lonnie Ottinger said he has heard nothing but positive reports regarding Smallwood, and he questioned why he was fired. Those comments were met with loud applause from the audience. Mayor Ottinger said she is unable to respond with additional details except in private, because the investigation is continuing. Sheriff Armando Fontes then offered to put Smallwood to work in his department in the interim because he said he understands the former chief needs a job. The CLB took no action, pending the outcome of the EEOC investigation. Mayor Ottinger reported that because the county has no zoning laws, it likely will not be eligible for future $500,000 Community Development Block Grants for low-income housing rehabilitation. Sheriff Fontes said recent fights in the jail and inmates injuring themselves intentionally, has put his medical account $170,000 over budget. Although $95,000 has been transferred into the account, he still needs $39,000. The body agreed to a request from Newport Utilities General Manager Glenn Ray, to donate the closed Willis Road to the utility as an access to the Operations Center by large trucks. The commissioner approved a Tax Increment Financing(TIF) plan to put two miles of wastewater line to Huff Hollow to serve the Sugar Cove rental home development. Two residents of Indian Camp Creek Road in Cosby, expressed concern regarding temporary concrete plants that are planned for their community by Newport Paving and Hommell Concrete. The plants reportedly will primarily serve Sevier County. The residents who live close to the national park expressed concern regarding noise, air and water pollution from the planned plants. They argued the operations should be placed in an isolated area away from homes. Joe Malone of Newport Paving said the move is a poor business decision but he was forced to plan a site nearby after Hommel decided to establish a nearby location.


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