DUANE SHERRILLEditor

Members of the aldermanic board took Mayor Lynn Sebourn to task this past meeting, questioning why vacancies on the planning commission have been left open for months and why the planning chairman was reelected despite his reaching a term limit.

“Is it in order for the board of aldermen to order me to do my job? Sebourn asked of an action item to have the mayor fill the two planning commission spots as soon as possible.

Alderman Kurt Glick prompted the mayor’s question by introducing several action items during the BoMA meeting aimed at remedying the perceived ills of the planning commission.

“Currently the Tullahoma Planning Commission is out of compliance with the law in several areas,” Alderman Kurt Glick noted, pointing to one position that was open in August and another that was opened in October. He specifically pointed out Paul Schwer who serves as the chairman of the planning commission and was recent reelection to that position, saying he has served two terms and cannot serve another per the city code even though one of his terms was not a full five-year term. Glick noted that city code requires seven members to make up the planning commission. Those should be the mayor and an alderman along with five citizens. Along with the aforementioned expired terms, Glick said it is time to reappoint an alderman to the commission since those terms are just one year and Alderman Sernobia McGee’s term expired in September.

Glick recommended several action items, the first of which is to contact Schwer, thank him for his service and tell him he is no longer able to serve on the commission or as its chair. He said then a new alderman should be selected for the commission and that the mayor should fill the two citizen vacancies as soon as possible. He also had suggestions on how to stagger terms so that there aren’t numerous terms expiring at once. Glick questioned if there could be legal issues arise in more controversial cases if those serving the planning commission were not legally there due to expired terms.

Mayor Sebourn said he had a problem with the present code when it comes to time served on the commission. He said he would like to see the code changed so that a person should serve at least a year before that counts toward a term.

“Paul Schwer would be able to fill out the remainder of (that term) through October 2027,” the mayor said.

Glick disputed that thought, saying he did not think the city could do that retroactively to keep Schwer in his position even if the code were changed. “I don’t think you can change the ordinance and his term. You can’t change the ordinance and give him extra time. I’m not trying to keep him off, I’m just trying to obey the law.”

Alderman Bobbie Wilson agreed with Glick on the Schwer issue. “He should have been appointed as chairman again,” she said. “I think it would be poor practice to make new ordinances so a person could serve longer than they should have. That’s kind of a hairy precedence.”

Glick said he wasn’t making any judgments as to what has caused the planning commission to get out of synch when it comes to timely appointments.

The mayor pointed out that there is no requirement that people who want to serve on the commission have to fill out a citizen participation form. Instead, that is just customer. However, Sebourn said that mayors typically go out and recruit qualified candidates for the commission.

“That’s what I’m trying to do right now,” the mayor said. “I don’t think that just because someone fills out a citizen participation form makes the mayor have any obligation to appoint.”

Wilson questioned how long the mayor is taking to fill the spots.

“How long are we going to wait around out of compliance with the people currently serving?” she asked.

Stephen Worsham, city legal counsel, introjected that the city is legally not out of compliance as it is allowed for an incumbent commission member to serve until a new one is appointed to the seat.

“I’m not saying it illegal but it certainly is a bad practice,” Wilson said.

The mayor questioned if there is some kind of controversy when it comes to the mayor doing his job in appointing members to the planning commission.

“Are you unwilling to comply with the code of ordinances?” Glick asked the mayor.

“I’m just asking why the BoMA is instructing me to do my job,” the mayor countered.

“You haven’t done it yet,” Glick shot back

Alderman Busch Thoma weighed in and asked when the mayor thought he may have the positions filled. The mayor responded that he hoped a month but he don’t know if he can meet that goal.

Sebourn then said he did not think it was appropriate for the BoMA to direct the mayor do their job.

“It sounds like a censure to me,” the mayor said.

“It wasn’t meant as a criticism,” Glick said. “Maybe you feel guilty about it or something.”

In the end, the board was able to agree on staggering citizen terms and to set up a vote to replace the alderman on the planning commission, and notifying Schwer he is no longer on the commission.