Statement of Betsy Shine, Commissioner

Sullivan County Election Commission

April 14, 2009

Let the record reflect that I am calling this meeting to order pursuant to Tennessee Code Annotated 2-1-113(a).

First, I want to welcome Gerald Cassell of Bluff City as the newest member of this Commission.

We welcome you Mr. Cassell to a body where membership is determined by political affiliation; however our actions during my 13 years of service have not been driven by partisan political considerations but rather to enforce the election laws so our elections will be free, open, honest and above all fair, to voter and candidate.

Our late colleague Ted Testerman of Bristol best exemplified that dedication to do that which is right-irrespective of its impace upon the political parties we represent-during his nearly 30 years on the Commission.

Last week, while in at home recuperating from surgery and battling bronchitis, I received an email notice that interviews would be held the next day with two (2) individuals for the position of Administrator of Elections for Sullivan County.  No notice was given pursuant to the Open Meetings statute, notwithstanding the fact this is public business to which the public is entitled to notice and the opportunity to attend.  The last time interviews were conducted for this position, they were open to the public, their resumes made public and all questions posed the applicants were done in public!  All Election Commissioners were given copies of the resumes and each of their concerns and recommendations were considered.

I do not, as a member of this Commission, yet know who or how many individuals applied as both Leslie Carr and I have been shut out of a process which the entire commission should have been a part.  According to the email I received from James Holmes, he decided to narrow the process down to two individuals.  I did not know until his email what his questions were to the candidates, which he used to "weed out" the applicants for a position that is not yet vacant.

In my opinion the entire process last week was irregular and violated the Tennessee Open Meeting statute (Tenn code Ann. 8-44-101 et seq) and most distressing, effectively cut out 1/3 of the Commission from the process which violates the mission of the Commission and its non-partisan nature.

In my 13 years on this Commission we have operated as a unit-we have not hidden information from one another-nor have we been the victim of 3 to 2 vote decision making.  We have tried to work together to follow the law and do that which is right.  I would hope that in the years to come we do not deviate from that admirable way  of doing the people's business.

As I began my service on the Election Commission I was served with a Complaint and subpoena charging this body with violating the Open Meetings statute; Gerald, I have no desire for you to face a similar fate.

At this point there is not a vacancy in the position of Administrator of Elections for Sullivan County.  When and if such a vacancy exists, this body as a creature of the General Assembly will and must adhere to the law.  The entire process in filling the position will be done openly and before the public pursuant to the statute.

I realize the balance on this Commission has shifted, but that does not impace upon our collective obligation to follow the law and do that which is right.

Now having opened the meeting with this statement, which I make an Exhibit to the Minutes, I proceed to our first order of business, the election of a Chair for the next two (2) years.  Do I have a nominee from the majority party?