Water Commission Chairman seeks to void Director’s appointment
John Coffelt, Editor
At the end of the Jan. 8 Water and Sewer Commission meeting Chairman Michael Anderson challenged a recent Board of Mayor and Aldermen appointment for the Director of Water and Sewer position.
Anderson said he “declar(es) null and void” the appointment that BOMA made in a 5-0 vote on Jan. 6 that made Interim Director Lonnie Foley a full director. Foley was sworn in on Jan. 7 at City Hall by Mayor Joey Hobbs.
Anderson said during the Jan. 8 meeting that the current Director has to be Designated by this Commission.
“After I informed all of the aldermen and the mayor of our city code regarding appointments of the Water and Sewer Director, they unilaterally appointed Lonnie (Foley as director) without input from the commission,” Anderson said.
Anderson further said that “BOMA does not have the authority to appoint the director only the authority to say yes or no to whomever this commission designates.”
“You are trying to circumvent the input from this commission,” Anderson said to Hobbs.
According to Water and Sewer Commission minutes going back to 2022 and the hire of the past two directors, the Water Commission has not made any formal recommendations on applicants.
City Attorney Craig Johnson said that the city’s codes must be read as an entire document, especially when addressing conflicting portions.
In Johnson’s legal opinion, BOMA acted within its authority with the appointment. City directors work at the pleasure of the board. He said that promotions from within, which are favored by city code, do not require the job to be posted.
He said that a vacancy had to be in the position before a job was posted, which he and the mayor said was being filled by an interim.
Anderson and Johnson differed that the hiring process was different in this instance because of the existence of a water commission. Johnson agreed that his was an opinion and not a judicial ruling.
Hobbs and the three aldermen present on the commission confirmed Foley’s standing as full director. Alderman Thomas Crosslin called Foley “very, very capable.”
Anderson said his position was not a personal attack on Foley.
Following several attempts to close the meeting without a motion to adjourn, Anderson and members of the commission (minus Hobbs) continued the discussion.
During that discussion, Anderson said that an interim director should be left with that title until receiving the input from the commission.
Crosslin said BOMA filled the position according to code, while Vice Mayor Mark Messick challenged Anderson’s authority to challenge the appointment made by the board, which by city code has the sole authority to hire and fire department heads.
He said the commission only has the authority to make a recommendation if it chooses. He further called Anderson’s challenge to the appointment out of line.
No vote was taken by the Water and Sewer Commission during or following the meeting on the matter.
John has been with the Manchester Times since May 2011. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories. John is a 1994 graduate of Tullahoma High School, a graduate of Motlow State Community College and earned a Bachelor of Arts in English from Middle Tennessee State University. He lives in Tullahoma, enjoys painting, dancing and exploring the outdoors.
