UPDATE: According to interim city manager Steve Hill, Blue Cross has approved insurance for both positions to be added to the group health plan and the insurance will be effective January 2017.
The only city council action from the
December regular meeting that was not a unanimous vote was the
proposal to provide health insurance benefits to city judge Ivy
Gardner and city attorney Will Ridley.
The matter was brought to the council
by member Danny Wyatt who moved that the resolution be adopted to
request that the city's health insurance provider consider the city
judge and city attorney as a special category for health insurance
coverage. Wyatt said that if the motion passes, the city won't know
if they are accepted until the company gets back to the city.
Wyatt's motion received a second from
council member Pamala Harris.
Council member Scot Shanks asked for
clarification about the action saying that currently only employees
who worked over 30 hours a week were eligible for health insurance.
Mayor James Mayberry said that the decision to cover or not would be
up to Blue Cross.
Crossville city attorney Will Ridley
City attorney Will Ridley said that the
resolution classifies the two positions differently then any other
contract appointed employee or board member. Ridley stressed that
the action would affect him but he was not lobbying one way or the
other on the council's vote.
Mayor Mayberry said, “I've seen the
attorney's bills and I think he is doing fine and can afford his own
insurance.” Mayberry continued that there were several who applied
for the judge position and a pay scale was posted at the time. He
also pointed out that the pay had been increased with the new new
term appointment from $15,000 a year to $20,000 a year.
Crossville city judge Ivy Gardner
“I think the compensation is
satisfactory,” added Mayberry, “and I'm not supporting this.”
A roll call vote was called with
Mayberry and Shanks voting opposed to the measure. Council members Wyatt, Harris and
Graham voted in favor and the motion passed.
Crossville city council selected council member J. H. Graham III as the new mayor pro-tem during their first regular meeting. Graham was nominated by council member Pamala Harris, who had served in the position for the last two years.
"I've enjoyed serving as mayor pro-tem for the last two years," said Harris, "However, I'm going to make a motion at this time to nominate J. H. Graham for the position."
Mayor Pro-Tem J. H. Graham III
Mayor James Mayberry nominated councilman Scot Shanks but Shanks indicated he wanted to vote for Mr. Graham and in the end all five council members voted to elect Graham to the position.
Graham spoke, "It is a great honor and privilege to serve the city council in any way that I might and I want you and the council to know that I'm really looking forward to this position.
City Judge Ivy Gardner was reappointed to her position nominated after being by councilman Danny Wyatt. councilman J. H. Graham seconded the motion and moved that the nominations cease and Gardner be appointed by acclamation.
In a ceremony that featured two prayers for the new council, and brief comments by each member of he council, Scot Shanks and J. H. Graham were sworn in before a crowd of supporters and observers Monday night.
New city council L-R J. H. Graham, Danny Wyatt, Mayor James Mayberry,
Pamala Harris and Scot Shanks
Shanks and Graham were presented with certificates of election by Cumberland Co. Election Administrator Jill Davis and Election Commission Secretary Lisa Phillips.
Incoming council members receive their certificates of election.
L-R J. H. Graham, Jill Davis, Lisa Phillips and Scot Shanks
The oath of office was administered to each new council member by Crossville city judge Ivy Gardener.
Incoming council member J. H. Graham III, right, is sworn in by
city judge Ivy Gardner, left.
Scot Shanks, right takes the oath of office from city judge Ivy Gardener, left.
Members of the council were given the chance to make brief remarks starting with councilman J. H. Graham who paraphrased the writers of the Declaration of Independence and said, "It is not only our responsibility, but our duty to make change and make life better." Graham went on to thank his family and friends for their work "to help me and this council make Crossville a better place to live, work, plan and worship."
Councilman Shanks spoke next saying that he was happy to be serving the city of Crossville and working with the council. "I'm doing this for the city of Crossville. I hope that when decisions that I make for the next four years, when I get away from doing things for the city of Crossville, I hope to hear from people to make sure to keep me inline."
Shanks said he was already hearing from people via email and he encouraged citizens to contact him that way adding, "You will hear back from me when you do email me." Shanks can be reached at his city email address: scot.shanks@crossvilletn.gov
Council member Pamala Harris said, "Everybody knows it's been a difficult couple of years, the experience I've had serving on the council, but I've learned a lot. I've tried my very best to use wisdom and discretion in the decisions that I've made. I'm very hopeful with this new council we're going to have a good working dynamic." Harris concluded saying, "I can tell you that I love Crossville and I believe that the people sitting up her join me in saying that they love Crossville or they would not be willing to serve in this position."
Councilman Danny Wyatt Thanked Shanks for being willing to stick his neck out and added that he's know Scot all his life. He shared the comment that former city manager Curtis Adams shared with Wyatt when he was first sworn in saying it was pretty true for Wyatt, "Enjoy tonight because you are the most popular you'll ever be."
Wyatt also praised the work ethic of councilman Graham saying, "He'll work about 50 hours a week for you. He works hard for Crossville and loves Crossville. I think we've got a good council."
Mayor James Mayberry said he agreed with all the comments that had been made. He added that he had learned a lot in the last two years. I'd never gotten involved in politics," said Mayberry, "and really don't care much for politics." Mayberry said that like Ms. Harris and the rest of the council, the welfare of the community got him involved in politics.
Mayberry said he felt there were to areas of work for the council, the mechanics of the job and city operations and there was the community development part for the good of the people. "If we keep the betterment of the community involved, our children, working with the schools, it will all come together if we just keep a positive attitude."
In a quiet move, Crossville city
attorney Will Ridley has signed off on an agreed order on behalf of
the city of Crossville that vacates all charges against J. R.
Blankenship over the distribution of “unsigned fliers” and
removes the $1500 in fines assessed in city court by city judge Ivy
Gardner.
The charges arose when some fliers (and
no one seems to be able to determine exactly how many) were found
posted on downtown Crossville businesses the morning following the
March city council meeting offering “a reward” of up to $500 for
photos of any city elected or appointed official doing something
wrong. The flier promised anonymity for the informant and that the
evidence would be published. The flier was signed “Sam at the Daily
Bull” with a phone number.
Blankenship's flier
Following an investigation establishing
Blankenship as a suspect, a single citation issued by the Crossville
police on the charge of distribution of unsigned fliers was heard in
city court by Judge Ivy Gardener. The number of charges was
increased to 30 counts by Judge Gardner resulting in a total fine of
$1500. The highest fine a municipal court can asses is $50 and the
only way the fine could be higher is if the number of charges was
increased.
Blankenship filed several actions
through city court and eventually appealed the fine and charges to
Chancery court. The initial filing was on his own and Blankenship
eventually secured the services of Nashville attorney Joe Johnston.
Agreed order page 1
Agreed order page 2
The agreed order does away with all
charges against Blankenship who garnered the attention of city
councilman Jesse Kerley and members of his family including his
father Jerry Kerley, director of water resources for the city who,
along with another man, was charged with stealing signs posted by
Blankenship in a yard on Mockingbird Drive. Both men charged in the
sign theft, Jerry Kerley and William Harwell took pre-trial diversion
in the sign theft case last month.
Blankenship is also known for signs
displayed in his truck while parked outside Crossville city hall
during council meetings. Blankenship's signs were targeting Jesse
Kerley and his actions and garnered a request from Kerley to former
interim police chief Rod Shoap to charge Blankenship for vehicle
registration and insurance violations that turned out to be false.
J. R. Blankenship with political sign in front of city hall
The ordinance against distribution of
unsigned fliers was originally approved by the city council sometime
in the 1960's and Blankenship appears to be the first person ever
cited under the ordinance. Crossville city council will consider
abolishing that ordinance at their upcoming meeting as it appears to
interfere with a citizen's free speech rights.
The agreed order on the flier charges
states that “the judgment of the city court be vacated along with
any fines or fees ordered by the city court.” The order further
states that “the case is dismissed with prejudice.” That means
that charges can not be refiled at anytime in the future. The order
was entered in the record on November 17 and filed with the court
clerks office that same day.
The agreed order also says that the
city agrees to pay the costs on the case, if any.
In the course of the reaction to the
case, Crossville city judge Ivy Gardner filed a request as an
individual for a restraining order against Blankenship earlier this
year in General Sessions court saying she felt threatened by him. A
permanent restraining order was signed by General Sessions Judge
Larry Warner on July 7 2016 after Blankenship did not appear for a
hearing because his mother was hospitalized just before she passed
away.
The restraining order action was also
appealed by Blankenship to Chancery Court and Blankenship initially
represented himself pro se. A list of interrogatory questions was
submitted by Blankenship to be answered by Gardener that specifically
asked, among other things, to “describe in detail each and every
verbal and/or written threat, which you allege has been made against
you by defendant James R. Blankenship.” Blankenship's
interrogatories were submitted on July 25, 2016.
Interrogatory questions from Gardener
to Blankenship were submitted on August 17, 2016. The questions
included questions on any arrest and/or convictions as well as any
involvement in any lawsuit. The following day, Nashville attorney
Joe Johnston filed a notice of appearance in the Gardener case to
represent Blankenship.
Blankenship's new attorney also filed a
motion for continuance from the initially set court date of August
28. An answer to Gardener's complaint was filed with the court
August 26 and the answer states that the defendant Blankenship denied
ever having “said or done anything that would constitute a pattern
to harass and unnecessarily alarm the plaintiff Ivy Gardener ans her
complaint had stated.
The appeal hearing, scheduled to be
heard November 29 by Judge Jonathan Young for November 29 was not
held because the request for a restraining order was “non-suited”
or withdrawn by Gardener according to documents filed in the court
clerks office.
About 12 hours after the incident between councilmen Pete Souza and Jesse Kerley and Kerley's father Jerry Kerley, director of water resources following a budget work session the evening of June 2, 2016, the two Kerleys and interim city manager Steve Hill were in the city's IT department to review the security tape of the incident early the next morning.
Through a freedom of information request, video from the security camera inside the IT department was legally obtained and it shows a flurry of activity on Friday morning June 3 from 7:28 AM through 8:11 AM on the morning following the incident in the city hall doorway that eventually led to an assault charge against councilman Kerley that was dismissed following a hearing in General Session Court.
Councilman Jesse Kerley, right enters the city hall IT office
followed by interim city manager Steve Hill and
his father Jerry Kerley, director of water resources.
The two Kerleys and Hill arrived at city hall and entered the IT department offices at 7:28. The video is time stamped as 6:28, but for some reason the time did not adjust to daylight savings time. There is only a single camera in the IT department and it only shows the door and some of the lobby area just outside of IT, but what it shows is much discussion between the men, and the arrival a bit later on of city attorney Will Ridley then interim police chief Rod Shoap who was the last to arrive at about 7:52 AM.
Shoap wrote about his recollection of that morning meeting that left him frustrated.
At about 7:45 am my phone rang and it was interim city manager Hill asking when I was coming (to city hall). I said I was ready to leave and just waiting for Kyle to get to work. Hill said Kyle was already there and said he was going to Kyle’s office to ask him to begin finding the video.
I was at Kyle’s office in less than five minutes and I saw Councilman Kerley, Jerry Kerley and Hill already in the office with Kyle. Kyle had already found the video, made copies and gave everyone a copy.
As I walked in, Councilman Kerley said, “See, the video shows it just like I said it was and I want him charged.” Kyle had the video on his computer already running so I saw a portion in the vestibule but it looked like the Kerleys assaulted Sousa. Kyle handed me a disc and said, “this is a full length version.” I didn’t know what that meant and I’m still not certain today.
Then Councilman Kerley began asking questions about Judge Gardner’s case against (J.R.) Blankenship* about was I writing a report, was I handling it or was the Sheriff, and acting in a very ugly tone. I became frustrated and left.
I went to the finance department to conduct my business and when I walked in, Leah Crockett, the Human Resource Administrator, and Sue Blaylock, an accountant, were in. Immediately Leah asked if I were okay as they noticed how frustrated I was.
Hill now came in and asked me to follow him to his office. I went with him and it was his way of helping to settle me down as they all knew how upset I was at Kerley’s interference and disturbing talk.
I informed Steve Hill that I would go to my office, write my report and bring it back for his approval. I did that and returned around 3:00pm. Hill looked at my report and approved it.
The following Monday, Chief Shoap forwarded the report and all his information including the video of the interaction between the Kerley and Mr. Souza to the district attorney's office who took over the investigation from there into the June 2 matter.
Security camera video from Crossville city hall IT department
on the morning of June 3, 2016
(Sections of this video that show no activity
have been edited out to shorten the length)
TIMELINE FROM VIDEO: (time has been adjusted by one hour from the time stamp)
7:28 AM Jesse and Jerry Kerley and Steve Hill arrive at the city hall IT department.
7:30 AM Jesse Kerley is on the phone
7:36 AM Jesse Kerley goes out side of city hall to talk to someone. That person wearing an orange shirt comes into the lobby and they continue to talk. Councilman Kerley is very animated and making body movements including a shoulder throw at one point.
7:38 AM Man in orange shirt leaves.
7:40 AM Jesse Kerley talks on the phone in the lobby outside the IT office.
7:41 AM Jesse returns inside IT office
7:42 AM Steve Hill goes out of IT office
7:45 AM Hill returns.
7:50 AM Hill goes out to lobby then goes to outside door to let city attorney Will Ridley in. Hill tries to get back in IT office but is locked out. Jesse Kerley lets them in.
7:51 AM All participants are out of camera range.
7:52 AM Jerry Kerley and Steve Hill go to lobby to talk.
7:52 AM Interim police chief Rod Shoap arrives and speaks briefly with Jerry Kerley and Hill.
7:53 AM Shoap enters IT office while Kerley and Hill continue talking in lobby.
7:55 AM Jerry Kerley and Steve Hill reenter IT office.
7:57 AM Jesse Kerley on phone and goes out to lobby.
8:02 AM Kerley returns in IT office.
8:09 AM Shoap quickly exits IT office and goes into the finance office.
8:10 AM Shoap returns to lobby and goes into the IT office quickly as Jesse Kerley, Attorney Ridley and Hill go out to lobby. Shoap then exits IT and returns to finance department area.
8:11 AM Council Kerley and attorney Ridley go outside the building while Hill and Jerry Kerley continue to talk in the lobby. Jerry Kerley then goes left and Hill goes right to the finance department, the direction Shoap went.
Video of the June 2 incident following a council budget work session that was reviewed
and copies distributed the following morning by the Kerley's
and interim city manager Steve Hill.
*Gardner vs Blankenship: City judge Ivy Gardner filed a request for a restraining order against Blankenship claiming in a court filing that he “has engaged in a pattern of conduct to harass and unnecessarily alarm” Ms. Gardner. The restraining order request comes from the sign that had been in Blankenship's yard on Mockingbird Drive that says, “Twerley Trash=Quid Pro Quo 107 143 68” The numbers correspond to house numbers of property owned by councilman Jesse Kerley, his brother Joseph Kerley and a house owned by Joe B. Gardner, Jr.
The Crossville city council approved a
$5,000 per year raise for the position of city judge that will go
into effect when the next city judge is appointed following the
election of two new council members.
With the raise, the part time judge
position now pays $20,000 per year. Councilman Jesse Kerley proposed
the raise saying that it had been discussed several months back and
pointing out any raise must be approved before the election.
Crossville city council during their September 16 called meeting
Kerley moved to raise the judge's
salary from $15,000 to $20,000. The action will require a budget
amendment of $2,500 for the last half of the fiscal year.
Councilwoman Pamala Harris supported the motion.
Mayor James Mayberry asked about the
number of times court meets per year and interim police chief Mark
Rosser said 23 and that court met every other week. According to
Rosser, night court is more popular then the day court and that night
court runs between 2 and 3 hours while the day court runs an hour of
slightly more. Mayberry estimated the cost was around $800 per court
session of between an hour to about 3 hours.
Ms. Harris asked about preparation time
and chief Rosser said in addition to time before court there was
paper work to be done after court.
The council's roll call vote approved
the motion with council members members Kerley, Harris and Danny
Wyatt in favor. Mayor Mayberry and councilman Pete Souza voted
against the raise.
The judge position is currently held by
Ivy Gardner who was appointed in January 2015 following the
retirement of Judge Tom Bean who held the position for many years.
Video of the discussion of city judge raise action
The appeal of the $1500 fine levied by Crossville city judge Ivy Gardner against J. R. Blankenship along with the appeal of the granting of a restraining order against Blankenship requested by Gardner were both set for Judge Jonathan Young's court and have been continued to November 29.
The fine came from a flyer that was distributed in downtown Crossville asking for pictures of elected or appointed officials doing wrong. Blankenship was cited under a city ordinance about the circulating of "unsigned flyers" that was passed in the 1960s and appears to never have been enforced until the incident earlier this year.
Blankenship is being represented by a Nashville attorney that handles cases involving free speech and the First Amendment as there are possible issues relating to Blankenship's rights in the case.
In addition, the restraining order case that apparently stems from the court case will be heard on the November case as well. A series of discovery questions has been requested by Blankenship's attorney in the case.
Crossville city judge Ivy Gardner swearing in Officer Joshua Mangas
Press Release:
AUGUST 4, 2016
The City of Crossville Police Department is pleased to announce the addition of a new member to our team. The Crossville Police Department has had an open patrol officer position available. After testing and interviewing quite a few qualified applicants, this position has been filled.
Cumberland County, TN resident, Joshua Mangas, has been selected to fill the patrol officer position. Officer Mangas is a 2016 graduate of the East Tennessee Regional Law Enforcement Academy. The hiring of Officer Mangas will bring the Crossville Police Department’s patrol division to full strength and will provide for more officer presence and call coverage than ever before. This will ensure that calls for assistance and daily operations are handled more effectively, providing for a safer community.
The saga of J. R. Blankenship, where it stands now,
and how it is sparking further discord in the city council.
What started, according to J. R.
Blankenship, as a way “to inform elected officials of something
they should be concerned about” has turned into a dispute that
stretches across multiple courts, numerous accusations and numerous
signs.
This reporter had an exclusive
interview with Mr. Blankenship, has spoken to Crossville Police Chief
Rod Shoap and sat in on Crossville municipal court held June 14 where
motions from Blankenship concerning his citation and fine were heard.
The man, J. R. Blankenship, who gives
his address as 279 Mockingbird Drive first came onto the public radar
when he spoke at the end of the March 10 regular city council meeting
with a very brief statement claiming he had evidence of council
members who were “in breach of their fiduciary duty.”
He continued that
he had “polled 25 law professors” and added that he would make
the information public after he heard back from them.
J. R. Blankenship's comments at March 10 council meeting
Distributing unsigned material
The
next time Mr. Blankenship's name came up was a day or so after the
council meeting when some fliers (and no one seems to be able to
determine exactly how many) were reportedly found posted on downtown
businesses offering “a reward” of up to $500 for photos of any
city elected or appointed official doing something wrong. The flier
promised anonymity for the informant and that the evidence would be
published. The flier was signed “Sam at the Daily Bull” with a
phone number. According to Blankenship, he is known to some people
as Sam.
The "unsigned flier"
The
first reports of the fliers are believed to have come from city
councilman Jesse Kerley who reportedly said he'd had several
complaints about the fliers from downtown businesses. As the
investigation moved forward, there were more emails flying between
councilman Kerley, former city manager David Rutherford, city
attorney Will Ridley and police chief Rod Shoap.
Emails
from Mr. Kerley went to the city attorney and city manager. The city
manager was asked to forward Kerley's email to the police chief
suggesting the perpetrator should be charged with littering.
Kerley's email to Ridley asked if someone distributing fliers needed
a permit. Ridley responded that it appeared the action could be in
violation of two city ordinances and Ridley said he had informed the
police of his findings.
According
to Police Chief Rod Shoap, Mr. Blankenship was quickly developed as a
suspect and a copy of the ordinances was delivered to the house on
Mockingbird Drive. Shoap said that Blankenship called the department
and offered to turn himself in.
In
an exclusive interview between this reporter and Blankenship, he said
he had researched state and federal law before distributing the
fliers but said he had not considered local ordinances. Said
Blankenship, “I had no intention to break the law.”
Blankenship
said that emails between Shoap and Rutherford indicated to him that
Shoap felt there should not be prosecution. An email from Shoap to
Rutherford said, “the culprit has confessed-he understands what he
did was wrong and will be willing accept the cite, however, if we just
warn him I am hoping he does not make a return visit.” Blankenship
concluded that he would not have been cited except for direction by
councilman Kerley.
We
spoke with Chief Shoap and he said Blankenship's conclusion was
inaccurate. According to Shoap, a council member can not direct his
action. Chief Shoap stated that he would not allow that to happen. Shoap stressed
that Blankenship had always been respectful to him and his officers
but he said that he had received a call from a downtown business manager
about the flier. Shoap described the complainant as “put out”
telling the chief that he did not allow anyone to put fliers in his
windows. Shoap said because of that complaint, on March 24, 2016
his department issued a single citation, not 30 citations as has been
reported elsewhere.
Shoap
commented on the situation, “I do want him (Blankenship) treated
fairly.”
Shoap
told this reporter that he only saw one flier and he said four were
actually documented by his department. Shoap also said that
Blankenship himself did not know how many fliers had been
distributed. Shoap told us that he wanted to be very cautious on the
action taken as he felt he needed to consider how charges might
affect other fliers distributed for things such as fundraisers that kids might
put out.
Shoap
added that up to this point he and his officers had spent some 40
hours on the matter of the fliers, time he felt could have been
better spent protecting the public.
Blankenship
stated in our interview that he didn't know how many fliers had been
put out but he had 50 of the fliers printed and he still had a stack
of them at his house.
From
Council to Court to yard signs
Blankenship's
anger is generally directed at councilman Kerley who he feels has
pushed the prosecution of him through his position on the council and
friends that, according to Blankenship, include city judge Ivy
Gardner. Blankenship's feelings come through in the yard signs at
the Mockingbird Drive house and the signs he has brought to city
council meetings in the back of a pickup truck. In our interview he
described Kerley's actions in the flier case as “official
misconduct and oppression.” His comments mirror comments in a memo
from councilman Pete Souza to city attorney Will Ridley dated June 1,
2016 that questions the actions taken in the case against Mr.
Blankenship and Mr. Kerley's involvement.
Two page memo to city attorney Will Ridley outlining Pete Souza's concerns about Kerley's actions
It
appears that some of the animosity currently between Councilman
Kerley and Councilman Souza stem from this issue as well with Kerley
accusing Souza of assisting Blankenship with the plywood signs he put
up in his yard on Mockingbird Drive. Souza has also sent a letter to
the Tennessee Open Records office after Blankenship filed several
open records requests and received no information. Form letter
responses indicate there are “No such records exist.”
Letter from councilman Pete Souza to State Open Records office
Blankenship
faced his citation on the fliers May 10 in Crossville city court
before city judge Ivy Gardner. After hearing about the case, Gardner
found Blankenship guilty of 30 counts of “distributing unsigned
material” from a single citation and fined the maximum $50 fine on
each count totaling $1500. Blankenship also has questioned the
ordinance under which he was cited and it appears that no one except
Mr. Blankenship has ever been charged with the offense since the
ordinance has been on the city books since the 1960's.
As
this situation has further played out, city judge Ivy Gardner has
filed a request for a restraining order against Blankenship claiming
in a court filing that he “has engaged in a pattern of conduct to
harass and unnecessarily alarm” Ms. Gardner. The action was filed
for Ms. Garner by attorney Kevin Bryant.
Complaint against Blankenship (left) filed by city judge Ivy Gardner and temporary restraining order pending the next court date of July 7, 2016
Prior
to the initial hearing on the matter, a temporary restraining order
was issued by General Sessions Judge Larry Warner. At the court
appearance, a continuance was granted for Blankenship to hire an
attorney to defend him. The next court date on the mater is July 7
at 1 PM.
It
appears that the restraining order request
comes from the sign in Blankenship's yard on Mockingbird Drive that
says, “Twerley Trash=Quid Pro Quo 107 143 68” The numbers
correspond to house numbers of property owned by councilman Jesse
Kerley, his brother Joseph Kerley and a house owned by Joe B.
Gardner, Jr.
279 Mockingbird Drive with yard signs including one some perceive as a threat
When
asked about the numbers on his sign, Mr. Blankenship said it was a
joke and they were the combination to his safe. He said he was
willing to let anyone contact the man who keeps his safe. Crossville
Police Chief Rod Shoap said that a safe combination was also what
Blankenship told him the numbers represented.
Blankenship's
Latest Court Appearance
Even
though he is under a temporary restraining order, J. R. Blankenship
appeared before Crossville city judge Ivy Gardner in Crossville city
court on June 14 concerning motions he made following his guilty
finding on distributing unsigned material and fined $1500.
Blankenship filed a motion for discovery seeking documents, records
and more related to his case. In addition Blankenship is seeking
written “finding of facts” and “conclusion of law” for his
case related to Judge Gardner's decision on her refusal to recuse
herself, dismissal of Blankenship's counter claim and the fine
imposed.
Gardner
told Blankenship that her court was a municipal court and was not a
court of record meaning that civil procedures do not apply and she
was not required to provide the information he was requesting.
Stated Gardner, “If a higher court tells me to do so I will do it
gladly.” She said that she currently has no jurisdiction on the
case as it was on appeal to a higher court.
Blankenship
also asked that Gardner recuse her self from the case saying she
“bore false witness against me.”
The
city court fine has been appealed to circuit court and is scheduled
be heard by Judge Jonathan Young on August 29, 2016.
Blankenship Appeal Notice to Circuit Court
Vandalism
of Blankenship's Yard signs
Blankenship
shared an image from the infrared camera in his yard that shows a
person wearing a hoodie, shorts and tennis shoes wielding what Mr.
Blankenship says is a sledge hammer that was used to knock down the
signs that were nailed to a tree. While the face is unclear,
Blankenship would like to know who the person is that damaged his
property
Unidentified vandal in Blankenship's yard destroying signs
A series of signs at a residence on Mockingbird Drive in Holiday Hills appear to be directed at Councilman Jesse Kerley over incidents related to charges filed against J. R. Blankenship for distributing an unsigned flyer requesting information on any council or elected official wrong doing.
The signs, reminiscent of the homemade signs of councilman Pete Souza in his 2012 election, have sprung up in the yard, on a porch railing and on the side of the house.
Blankenship was found guilty of the charge by Crossville city Judge Ivy Gardner and that could end up being a problem for Blankenship. According to reports, Blakenship has appealed the conviction and $1500 fine but one of the signs in the yard states "Quid pro quo" and lists several numbers. Those numbers represent the house number of Jesse Kerley's home, the home of his brother and the home of of Judge Ivy Gardner. The fact that Gardner's house number is on the sign could spell more problems for Blankenship if it appears that the sign indicates any type of threat.
A photo of the house and a transcript of the signs is below.