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Wlaf1450Commission “bombarded by Knoxville media, local, too,” regarding “Miss Nance not being at meetings”
By Charlotte Underwood
JACKSBORO, TN (WLAF)- Campbell County Commissioners tabled an agenda item relating to the virtual attendance for commission meetings under special circumstances at Monday’s commission meeting.
Commissioners had it on the agenda to vote on allowing Zoom participation of meetings by Commissioner Sue Nance and to “set perimeters with the participants through ADA (Americans with Disabilities Act) who is under doctor’s care with approval of the chairman and the county mayor.”
Before tabling the issue, County Commission Chair Johnny Bruce “read into record” a letter from Commissioner Sue Nance. Bruce had read the letter at last week’s workshop as well.
“The request is made specifically on behalf of commissioner Sue Nance who is temporarily unable to attend meetings due to a medical diagnosis. Providing a virtual attendance option would allow commissioner Nance and any further commissioners facing similar circumstances to continue participating in discussion, representing their constituents, and fulfilling their elected duties effectively. In today’s digital age, remote participation is a practical and inclusive solution that many government bodies have already adopted successively. Maintaining full engagement and accessibility in county matters is essential, especially when circumstances prevent physical attendance. This accommodation would allow Commissioner Nance to remain active and involved while prioritizing her health. I appreciate your thoughtful consideration to this request and look forward to your response. Sincerely, Sue Nance, County Commissioner, 4th District.” Commission Chair Johnny Bruce read.
Commissioners discussed the possibility of allowing virtual attendance at last week’s workshop after getting legal advice from County Attorney Joe Coker and CTAS, the County Technical Advisory Service on the legality of doing so. There had been some ambiguity on whether or not it violated a federal law by not offering the service under ADA law and the certainty that it violates state law due to Tennessee not having any statue or guidelines for commissions to legally allow virtual attendance.
At last week’s workshop, Commissioner Rusty Orick said he knew there is a House Bill and Senate Bill brought before the state this year concerning the same thing and that it had been “requested by the county commission association to strongly support that action.”
At Monday’s meeting, Orick said the resolution that was brought to the general assembly had “passed the House and was getting ready to go to the Senate and will probably pass the Senate.”
“I know state law says that we can’t do Zoom meetings, but they have authorized the school board to do Zoom meetings and the statutory, it reads, it’s not because of health issues, they can be on vacation and still do it, which I have never agreed with that, I think that we are both an entity that follows under guidance of the general assembly, but also the comptroller is not the one who regulates the county commission other than financing, that falls under another government entity and I spoke with some other people today wit the state and the ADA thing can possibly happen, but I think we are probably playing it smart, waiting till next month to look at it because of that Disabilities Act with the Federal Government and then plus the other portion is that the school board has that right to have that Zoom meeting,” Orick said.
He also said the commission had been “bombarded by a media station in Knoxville and actually local too” regarding “Miss Nance not being at meetings.”
“She’s had health reasons, let me bring it to your attention, the county commission has no authority to remove any county commissioner; we can’t remove the mayor, the sheriff, we do not have that authority, but some people think we do, but we don’t,” Orick said, explaining there were only two ways to be removed from office, which is by “resigning or doing something illegal.”
“Just to let everybody know and bring you up to speed, that is not where we are at, we cannot remove. I cannot get a vendetta against Mr. Gibson and bring enough in here to throw him out of the commission, that won’t happen, I can’t cut his pay, I can’t take her pay, we have no authority on that. But I hope you all get ahold of the Senate this week, they are going to be voting on it tomorrow, to get this passed, because it might be you one of these days sitting at home with a replace hip or like I have, I had a fall and had ruptured discs, thank God, I hobbled in here, but the older I get, the harder it is to hobble in, but I assure you and you all know this, Miss Nance would be here if her health would allow her, and I know for a fact that she talks to the local people in her district about issues, so if that can happen, I’m all for it, I’m ready to vote tonight on it, but let’s follow the law and see what the law has to say,” Orick said.
He also said that he felt that “Miss Sue” was “trying to do her due diligence” by writing the letter requesting Zoom attendance as an option.
“Yes, she has missed, and we all have missed at times, but I know she would be here, so, if you don’t mind, you all take time out, like I did today, to call some people in the state and let’s push this and push this hard, because it’s not just us, it’s all around the whole 95 counties,” Orick said. He reiterated that he felt it should only be an option for those under doctor’s care, and not to be used while vacationing or otherwise.
Commissioner David Adkins spoke on the issue and referenced Title II of the Federal Americans with Disabilities Act, which deals directly with local and state government in this regard specifically.
“I am going to give you the short version of it, it applies to local and state governments which include elected officials; this means that they are required to ensure that people with disabilities can participate in all government programs and activities, including voting, etc. And on down the page it gives a couple of examples of different scenarios, but one example in specific says ‘if an elected official has a disability from attending meetings in person, the government entity must provide reasonable accommodations to allow them to participate such as allowing virtual participation and providing documents in accessible formats and that’s from our federal government. I take it very seriously when someone says if we were to vote in favor of this, we would be breaking the law, I wholeheartedly disagree and I will leave it at that,” Adkins said.
Commissioner Zach Marlow commented on “Commissioner Adkins point” saying it was “basic civics.”
“It is an article VI Section 2 issue Supremacy Clause; Federal Law supersedes State Law… per the oath of office that we take, I am of the opinion that we have to follow Federal Law,” Marlow said.
Commissioners said they will be revisiting this issue at next month’s meeting after obtaining more legal advice. (WLAF NEWS PUBLISHED-04/22/2025-6AM)