Notice of Official Complaint to District Attorney Gus Radford, May 23, 2005

March 17, 2003, Mayor Jimmy Thornton appointed Mr. John Smoot as Emergency Management Director:

1) No resolution was presented for the approval of this appointment: Violation of TCA 5-6-106 (c) Appointment not approved.

2) Qualifications not approved,

3) Salary not approved.

4) TEMA was notified 9 months later in a letter that states that Mr. John Smoot is the "recognized" EMA director.

5) Mr. Smoot cannot be the "recognized" EMA director when the Legislative body did not approve his appointment.

6) Mr. Smoot is receiving a salary. Mr. Thornton informed the commission and the local newspaper, that he would not receive a salary. Mr. Smoot has been receiving a salary since his appointment date. Mr. Smoot has spent County, State and Federal grants/funding yet he is not the legal director.

January 20, 2004, a resolution was approved to hire Dr. Jon Winters as County Medical Examiner. Mayor Jimmy Thornton is paying him $100.00 per incident: Violation of TCA 38-7-104 that states the maximum mandate by state is $75.00.

1) Commissioners and citizens objected to the pay scale for this appointment.

2) Mayor Thornton was well aware upon notice of the state mandate that he was in violation.

3) Mayor Thornton ignored the state mandate and the objections of the commissioners and the citizens to the pay scale of Dr. Winters as County Medical Examiner.

Mayor Jimmy Thornton called a joint "Special Called emergency meeting" of Solid Waste Board and Insurance Committee on February 10, 2004.

1) Meeting not necessary: Violation TCA 5-5-105

2) Meeting not advertised: Violation TCA 8-44-101/102/103

Research shows that for the years 2003 and 2004, only 5 meeting were advertised. Some 200 plus meetings were held.

February 17, 2004, Commissioner Tommy Spence was asked to leave the meeting for yelling profanity and throwing a notebook and pen. Mr. Thornton did not follow through with ouster proceedings: Violation of TCA 8-44-101.

August 4, 2004. A resolution was passed to pay Attorney Hubbard $3,000.00 for legal fees on issues arising from receivership of Sentinel Trust Company.

1) Mayor Thornton allowed these legal fees to exceed the $3,000.00.

2) Mayor Thornton allowed the fees to exceed the resolution appropriation by $7,424.99.

3) Mayor Thornton did not have the approval of the legislative body to allow the fees to exceed the approved amount of $3000.00.

4) Mayor. Thornton intimidated the commission to appropriate the funds to pay the fees after several months stating that it "was a bill and had to be paid".

Mayor Thornton hired: Mr. John Whitworth as County Attorney

1) The hiring was not approved by the County Legislative Body

2) The fees paid to Mr. John Whitworth, as County Attorney has not been approved per TCA code 5-23-105.

3) The commission did not approve the appointment of Mr. John Whitworth as County Attorney.

4) Letter signed by John Whitworth stating that he is not the county attorney but he receives a retainer of $350.00 per month.

5) Letter from John Whitworth to the Board of Professional responsibility stating that he is not the County Attorney

In October 2004, the Sheriff's department sent out invitations to bid, for the purchase of 3 new Sheriff's department cars.

1) These bids were not published in any newspaper per TCA code 5-14-108. Many sections of this code were violated with the purchase of these cars.

2) A resolution was never presented to or approved by the Law Enforcement Committee.

3) A resolution was never presented to or approved by the County Legislative.

Mayor Thornton signed a Lease Purchase Agreement with Ford Motor Credit that obligates county funds for the years 2005-2006 and 2006-2007, thereby violating (m)(1) of TCA code 5-14-108, purchasing sales etc. bidding and auctions.

Violations of Benton County Budget Private Act of 1939 / 1999, approved by Benton County Commissions June 21, 1999 are as follows:

Section 10. "It shall be the duty of the County Executive to install and maintain or to cause to be installed and maintained a set of accounts as prescribed by the County

Legislative Body and this Act, classified according to functions and activities, which will at all times reveal the amount appropriated, the amount expended to date chargeable against such appropriations and the unexpended balance of such appropriations.

Furthermore, it shall be the duty of each and every official of the county, before making an expenditure for any purpose whatsoever, whether it be for personal services, contracted services, materials and supplies, equipment, bounties and claims, pensions and relief contributions, or debt service, to issue or cause to be issued to the county executive a requisition, and to receive from the County Executive a purchase order, which among other things, shall show the unexpended balance of the appropriation against which such purchase order or requisition has been charged."

Section 11. "If any official of Benton County who has the power, right or authority to expend county funds from the County Trustee or funds coming into the County Trustee from the State of Tennessee expends any sum in excess of the monies or funds then and there actually in the County Trustee to the credit of his department of the county government or in excess of the budget adopted by the County Legislative Body covering that certain period of time as shown by the budget, such county official making any overdrafts of the County Trustee or commitment in excess of the amount appropriated for the specific purpose for which the expenditure was made by the County Legislative Body of Benton County, shall be personally liable, together with the sureties of his official bonds, to Benton County for such overdraft, and/or the payee of any such warrant for the full amount of such overdraft or over-expenditure, and the county and/or payee of any such warrants, shall have cause of action of debt to recover from such official or officials and their bondsmen, the amount of the overdraft or over-expenditure, with interest from the date of issuance of such warrants"

Section 12. "It shall be unlawful for any official and/or employee of Benton County, to draw, sign, issue, deliver, or to authorize the drawing, signing, issuance or delivery of any purchase order, warrant, or other commitment during the appropriation year when such warrant, purchase order or other commitment, added to the amounts previously expended, shall exceed the appropriation made by the County Legislative Body for the specific purpose for which the expenditure is made. A violation of this Section shall be punished as official misconduct pursuant to § 39-16-402. It shall be mandatory upon the members of the County Legislative Body to determine whether or not warrants or purchase orders, or other commitments have been issued or made in violation of the intent of this Act, and if warrants, purchase orders or other commitments are found to have been issued in violation of the intent of this Act, it shall be mandatory upon said Commission or its qualified representative to certify the facts to the District Attorney General for presentation to the Grand Jury at the next term of the Circuit Court, and it shall be the duty of the District Attorney General to present facts to the said Grand Jury and to institute such other proceedings that may be necessary to give full effect to the provisions of this Act."

Section 13. "It shall be unlawful for any official of the county, including the School Board, the Highway Superintendent, the County Superintendent, the County Executive, the County Clerk, Circuit Court Clerk, the Sheriff, the Trustee, the Register of Deeds, the Clerk and Master, the Property Assessor, or any other official of the county to violate any provision of this Act, to fail or refuse to perform any of the duties placed upon them or any of them by this Act, and any such official, or officials failing to perform the duties imposed by this Act, or otherwise violating this Act, or who procures, aids or abets in violation of any provision of this Act. Any violation of this Act shall be punished as official misconduct pursuant to § 39-16-402, provided further, that any county official convicted under this Act, shall be subject to removal from office under the ouster laws of the State of Tennessee, and it shall be mandatory upon the County Legislative Body to appropriate the necessary funds for the prosecution of such case."

Section 14. "Appropriations for which no provision was made in the budget as adopted, shall be made only from any surplus resulting from an un-appropriated balance of the tax rate, and then only by a two-thirds (2/3) majority vote of the members of the County Legislative Body.

Mayor. Thornton allowed the rules of order to be changed by one commissioner. After being notified that the rules had been changed in violation of page 8 of the rules of order requiring that the commission vote by two-thirds (2/3) to change the rules of order Mr. Thornton allowed the violated change to remain in the rules. The violation of changing the rules was by Commissioner Stienbuck. Mayor Thornton failed to file for an ouster against commissioner Stienbuck.

February 22, 2005, at the monthly meeting of the Benton County Legislative Body, resolution No. 0222-13 was presented to the commission for approval. According to the Benton County Budget Private Act a 2/3 majority is required to pass legislation for un-appropriated funds. This resolution did not receive the required 2/3, yet the Mayor declared the resolution passed and the invoice was paid.

A number of violations have resulted in lawsuits costing the county to defend unnecessarily.

Allen Webb was appointed as County Coroner.

1) Mr. Webb's appointment was not approved by the legislative body.

2) Mr. Webb failed to post a bond for the office of Coroner.

3) Mr. Webb did not take the oath of office until two years after his appointment.

4) Mayor. Thornton was advised that Mr. Webb had not been approved, that he had not posted a bond, and that he had not taken the oath for office of Coroner.

5) Due to the illegal appointment and lack of oath Mr. Webb's actions as Coroner are felonious in nature and all documents signed by Mr. Webb are fraudulent.

. 6) All pay to Mr. Webb is illegal and was not approved by the legislative body due to the failure to take the oath and post a bond per County government handbook "The county legislative body has discretionary authority to create the county coroner's office. If the office is created, the legislative body appoints a coroner for a two-year-term. T.C.A. §8-9-101. The coroner must take an oath of office and enter into a $2,500 surety bond. T.C.A. §§ 8-9-103, 8-9-104"

7) Surety bond. TCA 8-9-103 (a) The coroner shall, before entering upon duties of that office, enter into an official bond prepared in accordance with the provisions of chapter 19 of this title. The bond shall be approved by the county legislative body, entered upon the minutes, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping. The bond shall be in the amount of two thousand five hundred dollars ($2,500) payable to the state, conditioned truly and faithfully to execute the duties of the office of coroner. The coroner, if failing to give bond within ten (10) days after appointment, shall vacate the office. (b) The governing body of any county shall elect, by a two-thirds (2/3) vote, whether or not the coroner of the county shall make a surety bond or a bond with two (2) or more good sureties, approved by the body, prior to the time such coroner is inducted and sworn into office.

"Oaths of office for county officials, including county commissioners, may be administered by the county mayor, the county clerk, or a judge of any court of record in the county. Also, the judge of the general sessions court may administer oaths of office to all elected and appointed officials. The oath of office for any county official required to file an oath may be administered at any time after the certification of the election returns, in the case of elected officials, or after appointment, in the case of appointed officials. However, even if the official files an oath before the scheduled start of a term of office, the official may not take office until the term officially begins. T.C.A. § 8-18-109. The oath must be written and subscribed by the person taking it. Accompanying the oath must be a certificate executed by the officer administering the oath, specifying the day and the year it was taken. T.C.A. § 8-18-107. The oath and the certificate are filed in the office of the county clerk, who endorses on them the day and year of filing, and signs the endorsement. T.C.A. §§ 8-18-109, 8-18-110.]"

Mr. Webb's oath was not on file in the County Clerks office.

May 16, 2005 resolution #0516-04 resolution to establish an Investment committee for Benton County

1) The budget committee brought a resolution out of committee with a unanimous vote of Yes.

2) It was placed on the agenda for the legislative body.

3) Mayor Thornton asked Commissioner Stienbuck to withdraw the resolution during the May 16, 2005 County Commission Meeting to which she said "Withdrawn".

4) Mayor. Thornton had no authority to ask the resolution be withdrawn.

5) Commissioner Stienbuck had no authority to withdraw the resolution, it was on the agenda and had to have a motion to withdraw, a second and a roll call vote. The actions by Thornton and Stienbuck were in violations of Robert's rules of order and the Benton County Rules of order where it states that Roberts Rules of Order shall govern all rules not covered here in.

Commissioner Stienbuck acted with improper authority.

We respectfully request the District attorneys office take immediate action to investigate and file Official Misconduct charges against Benton County Mayor Jimmy Thornton.

We also request that any and all-additional criminal activity be investigated and charged accordingly. Further we ask that the District Attorneys office upon conclusion of the case file Ouster proceedings to remove Mayor Jimmy Thornton from Office.

Robert E. Pace

6th District Commissioner, Benton County Tennessee

6705 PT MASON RD BIG SANDY, TN 38221

731-593-3393

Debbie Dye

5th District Commissioner, Benton County Tennessee

202 FORREST AVE N CAMDEN, TN 38320

731-584-8619

Randall Clark

5Th District Commissioner, Benton County Tennessee

268 MABRY CAMDEN, TN 38320

731-584-7629

Billy Malin

1St District Commissioner, Benton County Tennessee

470 PALESTINE CH RD HOLLADAY, TN 38341

731-584-8958

James Akers

6th District Commissioner, Benton County Tennessee

1168 LOOP RD BIG SANDY, TN 38221

731-584-4137

Perry Hensley

4th District Commissioner, Benton County Tennessee

42 EVA BEACH RD.

EVA, TN 38333

731-584-2481

J. Kyle of Camden, TN contributed to this article providing legal documents from open records.