County did approve a 9 member commission

In an email dated June 18, Lewis County Mayor Jonah Keltner reported to Lewis County Clerk Sandra Clayton that a vote to decrease the number of Lewis County Commissioners from 18 to nine, which was declared as a failed vote, actually passed.

"I was incorrect at our County Commission meeting on June 15, 2020 when I said that Resolution 06-07-20 failed due to a lack of having 10 'yes' votes. It was brought to my attention the following day that only nine 'yes' votes are currently needed to pass a regular Resolution or motion because the membership of our Commission is only 17 members," Mayor Keltner stated.

Lewis County Attorney Jack Heath confirmed in a letter to the mayor.

"Normally you would need 10 votes out of an 18 person body to have a majority. See T.C.A. 5-5-109. Since you now have a 17 person body due to a resignation, you only need nine votes. Therefore, any resolution requiring a majority vote requires only nine votes including the resolution that the commission voted on to amend the number of members.

"In Bailey v. Greer, 468 S.W.2d 327, the Court of Appeals held that if a resignation occurs, then the person who resigned does not count for purposes of determining a quorum or majority," Mr. Heath added.

Mayor Keltner informed members of the Board and Mrs. Clayton a consultation with an attorney with CTAS (County Technical Assistance Services) confirmed only nine votes were needed to pass.

It is anticipated that the minutes from the meeting of June 15, 2020 will reflect that Resolution 06-07-20 passed by a vote of 9-8.

The late Landis Turner, a 40 year attorney for Lewis County and a former member of the Board of Commissioners, wrote the original resolution when he was a member of the Board.

Presently, two members of the Board are elected from each of Lewis County's nine districts. Beginning with the August 2022 General Election, the Lewis County Board of Commissioners will be reduced from 18 to 9 members.

An additional vacancy left by the resignation of Michael King will be left to voters to fill in August of this year.