INTHE Ct ERY Ct FOR THE. ENTH RTO} MAYOR LINDA ELAM, ) Plaintiff, } Case No. fl @ 6/3 ve ; Chancellor C.K. Smith CITY OF MT. JULIET, ; Defendant. } COMPLAINT FOR DECLARATORY JUDGMENT Plaintiff Linda Elam, for her complaint for declaratory judgment against the City of Mt Juliet, hereby states as follows: PARTIES 1. _ Linda Elam is a citizen of Mt. Juliet, Tennessee and is currently the Mayor of the City of Mi, Juliet, having been clected to such position in 2004 and re-elected in 2008. AsSU 5. Mayor Elam brings this declaratory judgment action against the City at the instruction and directive of the Board, which has determined that this Court should resolve a ‘genuine controversy over the construction and application of an amendment to the City’s Charter as respects Linda Elam Facts A. Mayor Elam’s 2008 Re-clection as Mayor of the City. 6. Linda Elam was re-elected as Mayor of the City in the 2008 general election. Mayor Elam has approximately two (2) years left on her term as Mayor. 7. _ In 2008, when Linda Elam ran for and was re-elected mayor of the City, there was no restriction in the City’s Charter or in other applicable law that prevented her from engaging in ‘other public service or from holding other clected office in county, state, or federal government At the time she ran for and was re-elected mayor, Linda Elam expected that she could hold another county, state or fedcral office concurrent with her position as Mayor of the City. 8. Tn 2008 when Linda Elam ran for and was re-elected Mayor of the City, Section 6-20-103 of the City Charter provided as follows: 6-20-103. Persons eligible as commissioners, — A qualified voter of the city ‘other than a person qualified to vote based only on nonresident ownership of real ‘property under the provisions of § 6-20-106(b), shall be eligible for election to the—_———— ee 10. The primary election for Tennessee House of Representatives District 57 was scheduled for August 5, 2010, The general election for Tennessee House of Representatives District $7 was scheduled for November 2, 2010, C. ‘The July 12, 2010 Meeting of The Mt. Juliet Board of Commissioners. 11. After Linda Elam’s announcement of her candidacy for the House of Representatives, at the July 12, 2010 Board meeting, City Commissioner Ed Hagerty proposed an ordinance to amend the City Charter and place such amendment on the November 2010 lection ballot for the required referendum vote (the “Proposed Ordinance”). The Proposed Ordinance sought to amend the aforementioned Section 6-20-103 of the City Charter as follows {amended language in italics): 6-20-103. Persons cligible as commissioners or as mayor. — A qualified voter of the city, other than a person qualified to vote based only on nonresident ownership | ‘of real property under the provisions of § 6-20-106(b), shall be eligible for election | to the office of commissioner or mayor. No person may serve simultaneously as a commissioner or mayor and in an elected office within the county, state, or federal government. A person who holds an elected office within the county, state or Jederal government shall resign that office prior to taking the oath of office as a ‘commissioner or mayor, and a person who holds office as a commissioner or mayor shail resign that office prior to taking the oath of office as an elected | jal in the county, state or federal government. 2010 election ballot. Accordingly, Linda Elam moved to ‘Ordinance so that it would be placed on the August 201213, Before voting on Linda Elam’s proposed amendment to the Proposed Ordinance, Commissioner Ted Floyd asked City Attomey Jason Holleman whether, if the Proposed ‘Ordinance was placed November 2010 ballot and passed, it would apply to Mayor Linda Elam (who was running for Tennessee House of Representatives in the November 2, 2010 election) and Commissioner Jim Bradshaw (who was up for re-election as a Commissioner of the City in the November 2, 2010 election and was also running for a county commission seat in the upcoming August 3, 2010 election). City Attomey Holleman advised that, if the Proposed ‘Ordinance was placed on the November 2010 ballot and passed, the Proposed Ordinance would “not be effective until after the election and would not apply to these particular candidates. In other words, the Mayor could serve until the end of her term . . . and Commissioner Bradshaw -could serve until 2014." A truc and correct audio-visual recording of the pertinent excerpts of the July 12, 2010 Board meeting is attached hereto as Exhibit C. 1 ‘The Board voted 3-2 in favor of Mayor Elam’s amendment changing the Proposed Ordinance to state that it would be placed on the August 2012 election ballot. The Board then voted 4-1 in favor of the Proposed Ordinance as amended. (D. — TheJulv 26,2010 Meeting of The Mt Juliet Board of Commissioners. : 15. At the July 26, 2010 Board meeting, Commissioner Hagerty made a motion to ed Ordinance on its second reading. Vice-Mayor Will Sellers made a motion toand correct copy of the minutes of the July 26, 2010 Board meeting are attached hercto as Exhibit D. E. August 5.2010 Primary Election. 17, The primary clection, including the election for the Republican Party candidate for Tennessee House of Representatives District 57, was held on August 5, 2010, 18. Mayor Elam was elected the Republican Party candidate for Tennessce House of Representatives District 57. 19. Because a Republican Party member had held the House of Representatives seat for the district for many years, it was extremely likely that Mayor Elam would win the general election on November 2, 2010 and become the Representative for Tennessee's $7" District. F Augu: 1010 Meeting of The Mt, Juliet Board of Com: ners, 20. At the August 9, 2010 Board mecting, Commissioner Hagerty moved to amend the Proposed Ordinance so that it would be placed back on the November 2010 election ballot, as Originally proposed, instead of the August 2012 ballot, as amended, Commissioner Hagerty’s motion passed by a 3-2 vote. 21. Commissioner Hagerty then moved to adopt the Proposed Ordinance on second Commissioner Hagerty’s motion passed by a 3-1 vote (with one abstention). A trac and of the minutes from the August 9, 2010 Board meeting is attached hereto as ExhibitG. The November 2, 2010 General Election, 23. On the November 2, 2010 ballot, Ordinance 2010-40 asked: “Shall the Mt. Juliet City Charter be amended to prohibit a person from serving as the Mayor or as a City Commissioner in the City of Mt. Julict while at the same time holding a county, state, or federal elected office?” Mt. Juliet voters cast 6,047 ballots for Ordinance 2010-40 and 889 ballots against it. Thus, based on the results of the election, Ordinance 2010-40 to amend the City’s Charter was approved 24. In the November 2, 2010 election, Mayor Elam was also clected to represent Tennessee's $7° District in the Tennessee House of Representatives, Pursuant to Article I, § 3 of the Tennessee Constitution, “[rJepresentatives shall hold office for two years ... from the day of the general election.” Mayor Elam thus became the Tennessee House of Representatives member for the $7" District on November 0, Pursuant to Article Il, § 23 of the Tennessee Constitution and Tenn. Code Ann. § 3-1-107, Linda Elam has been paid her salary as a member of the Tennessee House of Representatives since November 2, 2010, the date of her election. A Tinda Elam is likewise recognized as a current member of the Tennessee House of e 2010-40 “shall become effective sixty (60) days after Voting thereon,” which is January 1, 2011. ction 6-20-103 of the City Charter has been MAI. cho‘Charter Until December 31, 2010 City Charter January 1, 2011 (changes in iatics) 6-20-103. Persons eligible as 6-20-103. Persons eligible as commissioners or as sommissioners. —A qualified voter of | mayor. ~ A qualified voter of the city, other than a the city, other than a person qualified to. | person qualified to vote based only on nonresident vote based only on nonresident ownership of real property under the provisions of § 6- ‘ownership of real property under the 20-106(b), shall be eligible for election to the office of | provisions of § 6-20-106(b), shall be ‘commissioner or mayor. No person may serve eligible for election to the office of simultaneously as a commissioner or mayor and in an | commissioner. elected office within the county, state, or federal government. A person who holds an elected office ithin the county, state or federal government shall resign thet office prior to taking the oath of office asa | conmissioner or mayor, and a person wha holds affice | asa coomissioners or mayor shall resign tha office | prior to taking the oath of office as an elected official in the county, state or federal government. 27. _ As of December 31, 2010, Linda Elam was more than two years into her term as Mayor of the City (since November 2008) and approximately two months into her term as a member of Tennessee House of Representatives (since November 2010). ‘The Present Dispute. 28. Within days of the November 2, 2010 election, the Board questioned whether the eee, ‘Passed charter amendment reflected in Ordinance 2010-40 would prohibit Linda ElamJaw, she is entitled to continue serve out the remaining peried of her four-year term as Mayor of the City. Certain members of the Board, however, have taken the position that the January 1, 2011 amendment to the City’s Charter reflected in Ordinance 2010-40 prohibits Linda Elam from continuing to serve out her term as Mayor while serving in the Tennessee General Assembly. 31. Despite her position that she has a vested right to serve out her existing term as Mayor of the City, Linda Elam announced to both the public and the Board her intention to resign her position as Mayor on or before March 31, 2011. She will continue to serve as Mayor of the City until her resignation because she fecls there are several City issues, particularly fire ‘safety, that she should work to solve for her constituents prior to her resignation as Mayor. She ‘will, however, resign as Mayor of the City on or before March 31, 2011 32. Nonetheless, the City — by majority vote of the Board — (a) hired outside counsel 9 represent Linda Elam and the City on this disputed issue of law; and (b) directed that this ‘action be filed for a judicial determination of whether the amendment to ed in Ordinance 2010-40 precludes her from serving as Mayor for her ‘any period prior to her planned resignation. As instructed and directed by34. Pursuant to TENN, CODE ANN. § 29-14-101 ef seq, Mayor Elam secks a declaratory judgment from the Court that the amendment to the City Charter reflected in Ordinance 2010-40 does not prohibit her from continuing to serve the remainder of her term as Mayor of the City. By the time the amendment takes effect, Mayor Elam will be more than two: ‘years into her term as Mayor of the City. She, therefore, has a vested right in her office and, pursuant to Tennessee law, the amendment cannot be applied retroactively to interfere with this vested right. 35. The question over the construction and/or val of the amendment to the City Charter reflected in Ordinance 2010-40, as applied to Linda Elam in her capacity as current Mayor ofthe City, constitutes an actual controversy between the parties, 36. Based on the Tennessee Constitution and applicable Tennessce law, Linda Elam Continue to serve out her existing term as Mayor of the City, unaffected by the amendment City Charter reflected in Ordinance 2010-40. Certain members of the Board hold the Mayor Elam must resign as Mayor based on her concurrent status as a member ofWHEREFORE, Linda Elam prays that the Court enter a declaratory judgment that, under applicable Tennessee law, the amendment to the City Charter reflected in Ordinance 2010-40 does not preclude her from serving the remainder of her term as Mayor of the City while also fulfilling the remainder of her term in the Tennessee House of Representatives. Respectfully submitted ? Charles I. Malone (#22904) Andrew J, Rass (#28350) Walker, Tipps & Malone, PLC 2300 One Nashville Place 150 Fourth Avenue North Nashville, TN 37219 (615) 313-6000 Attorneys for Plaintiff Linda Elam