Majority of Crossville city council turn down Dunn Ave. sidewalk proposal.

Crossville city council once again turned down a request to build a sidewalk along Dunn Avenue near Walmart and between Interstate Drive and Matherly Drive.

Property owners in the area have offered to pay half the cost of materials to build the sidewalk with the city funding the other half and the construction labor using city crews. This proposal had been originally made two years ago by the property owners and had been discussed at least twice before. At one point previous city manager David Rutherford had recommended that the property owners pay the full material cost and the project be ranked along with other sidewalk projects in the city.

As the item was put back on the November agenda, councilman Danny Wyatt took the lead on discussion and reviewed the history of the proposal. Wyatt moved to approve the project under the original proposal that the property owners pay 50 percent. Councilman Jesse Kerley supported the motion.

Councilwoman Pamala Harris described the matter as a valid request, but she added, “There are many, many other places in Crossville that need sidewalks.” Harris mentioned the lack of sidewalks along part of Webb Avenue from the Methodist Church to the Library as a place she would like to see fixed. She said that she wanted to look at all the sidewalk projects to be ranked and planned.

Councilman Pete Souza pointed out that the proposal was one that had been previously turned down by the council. According to his estimates, Souza believes that the property owners paying half the material would mean they only pay about one-fourth of the total cost. Souza added that he felt the property owners could do better and pay about half the cost.

The motion failed with council members Wyatt and Kerley in favor and members Harris, Souza and Mayor James Mayberry opposed.   

Souza email comments on numerous issues including phone harassment and ugly political sign incident.

(Editor's note: This email was sent to the city this morning from councilman Pete Souza.  It is a public record.)

Before I begin I would like to remind the council that there is a EEOC complaint among other things listing a violation of the whistle blower act. That being persons reporting violations are protected from acts of retaliation, I am sure Mr Ridley can clarify that.

For some time now a person or persons has been harassing citizens of the city and county with phone calls who list other people's numbers as the source. This similar to the 2012 Robo Calls erroneously listing the city phone number as the source. Last Thursday this harassment level increased significantly. Phone numbers erroneously listed were mine, Rodney Shoap, and others. In the past this action was reported To the CPD and the DA. That's fine this child like behavior can be expected,
but the people being harassed can of course seek civil action which well may be the case. Where I am concerned Sally in your capacity as city clerk I am informing you that my phone number will be discontinued this date and will be unlisted as result of this abuse.

You are all aware of last weeks signs commonly referred to as the Methberry signs. On the signs it states the mayor as corrupt, incompetent, can not Pass a drug test is Pete Souzas Bitch, ect... That's fine but here is some thing to think about. Shortly the person responsible will be identified and let it be known that person caused harm to innocent people.

Normal procedure for sign complaints is Vulgar or unlawful signs are picked up by the street department to be recovered by the owner. Signage Is governed by a city ordinance.

Here is what happened in this case, reports of the sign was called into the city (Sally Oglesby) who in turn called Chief Rosser. Chief Rosser called the city manager Steve Hill. Steve alleges he called the city attorney Will Ridley who told him to tape over the sign portion with the word bitch and leave it up. I spoke with Chief Rosser who confirmed this story yesterday. Once again I remind all parties of the whistle blower Act..

I'll let Mr Ridley make what ever comments he may on this since it is Steve Hills assertion that he was following instructions from the city attorney.  Although it is a given the city attorney only has the power to advise so I would be skeptical to the authentication of the facts. I am not skeptical
of the honesty of Chief Rosser who works directly for Steve Hill.

It was also reported that early that morning in Billy Loggins' office the city manager and Mr Loggins' and the city manager were having a good laugh about the signs.

I wonder what recourse is going to come to the originator of the sign, Mr Hill who's primary responsibility is to enforce city ordinances and safeguard the city from wrongful litigation. The parties injured were children and I assure you the parents are taking this serious.

By the way Mr Hill all city employees have to take a drug test. The last time I checked you were the only city employee not in compliance.

Ms Oglesby please insure that the council elects and Chief Rosser gets a copy of this E Mail.

Pete Souza

Souza issues response to lack of any council action on ethics complaints at November regular city council meeting.

(Councilman Pete Souza sent out the following email early Sunday morning in response to the November regular city council meeting.)

Given the events of the last council meeting on subject agenda items it is noted that none of the agenda items I placed on the agenda were presented.  The meeting was adjourned before those agenda items were discussed, additionally it is noted at this time that the opportunity to produce all
evidence and witnesses were denied. 

Effectively all ethics charges remain pending resolution by the city council. It is further noted that the fiduciary responsibility rest with the council to resolve this issue and the serious nature of many of these charges can not be resolved by walking out. The failure of the council to perform its responsibility in light of ethical, criminal, and city policies is arguably both a conflict of the charter and gross negligence.  

Mr Ridley you may want to take care in the response to this, I feel that your response will have a far reaching impact on the city. Such request as you may reasonably request for additional legal opinions should include all data provided to you and the council.

It is further noted that a campaign of harassment on witnesses was conducted following the meeting.

Respectively, 

Pete Souza

Ms Oglesby please place a hard copy of this in my box and I suggest that you place a copy in the the ethics file. Also please forward a copy of this to the DA s office.

Crossville city council meeting adjourns early after heated discussion of Souza's ethics complaints.

In what was likely the final attempt by outgoing Crossville city councilman Pete Souza to try and expose the corruption he sees in the city of Crossville's operation, it ended with two council members walking out of the meeting during the discussion followed by Mayor James Mayberry adjourning the meeting before the agenda was completed.

The council chambers were mostly full of observers including councilman elect Scot Shanks who also got up and left as the discussion on Souza's ethics complaints started to go badly. At one point, Mayor Mayberry said about the audience, “Half the people here are probably looking for a fight and the other half are hoping this would all go away.”

Final regular council meeting for council members Pete Souza, left, 

and Jesse Kerley, right. 

This is the first time in the history of Crossville that an ethics complainant has been filed under the city's charter and in addition to the charter its self, city attorney Will Ridley had requested an opinion from the Municipal Technical Advisory Service to help guide the process.

Mayberry began by explaining the process saying that the council could decide if the complaint did or did not have merit or if it had merit and warranted additional investigation. Since the city attorney could not investigate one member of the council as he represents the council as a whole, an outside person would have to be called in according to Mayberry and that could be very expensive.

Mayberry then put forth a motion that stated that the complaints were determined to have merit but added, “I do not want to spend taxpayer's money on a long extended investigation on these items.”

Councilman Souza asked city attorney Will Ridely about what would happen next and he said that the remedy for finding the complaint has merit is public censure by the council. Souza continued saying that he saw a problem with lumping all the 13 complaints together since there were different scales of action. Ridley responded that it was the council's prerogative on how to handle the ethics complaints.

Outgoing Councilman Pete Souza

After several comments including councilman Danny Wyatt asking how the items got on the agenda and Mr. Souza saying he put them on the agenda and Souza questioning the putting forth of a germane motion before he was able to make his first motion, Mayor Mayberry then withdrew his motion that had not received a second.

Souza said he had a motion but first requested clarification from Mr. Ridley about the Charter requirement that the council hear the ethics charges but the standing rules that limited discussion to three minutes that was not adequate time to present. Souza said he felt it was not lawful for the standing rules to block the charter.

Ridley stated that the council could suspend the rules temporarily but otherwise the rules were put on the council by itself and was lawful. Souza then moved to suspend the standing rules for the discussion of the items but no second was received. Souza then attempted to speak on the topic without a motion and councilman Wyatt called point of order. Mayberry ruled in favor of Wyatt and he moved to table the matter to a special called meeting and a second was given by councilwoman Pamala Harris.

Harris then read from an email by Mayor Mayberry dated October 18 concerning the cancelling of the called meeting in October saying a meeting in the current political climate could do more harm then good. Mayberry proposed to hold the meeting after the election. Harris then added it didn't make sense to her that the accuser and the accusee were both members of the ethics board and that it would make more sense to her to wait until the new council members are seated. Souza then said, “Oh shit.”  

Council members Harris, Wyatt and Jesse Kerley objected to the language.

Souza took the floor and said the proposal to delay the matter was “hogwash.” He continued saying that an EEOC complaint had been filed against the city. Souza said, You can laugh Jerry Kerley, but you will be subpoenaed before it is over.” Souza was interrupted again by Mr. Wyatt and Jesse Kerley.

Jesse Kelrey said to Mayor Mayberry, “You've got a councilman attacking a city employee in a public meeting Mayor, and you're allowing it to happen.” Souza responded, “and it's your dad, right?”

Outgoing Councilman Jesse Kerley

“Please! Let's bring this meeting to order,” said Ms. Harris, “and please conduct yourself like good citizens.

Souza continued saying that the council would see at least three lawsuits and began to talk about a letter sent to the council on June 1 about the serious problems. As Souza was talking, councilwoman Harris gathered her papers and got up to leave. Councilman Wyatt followed her out.

Council member Pam Harris leaves the meeting early,

and followed shortly by council member Wyatt. 

One member of the audience shouted out that the next meeting would be the new council members and a cheer went up from part of the audience.

The motion on the floor was restated and the clerk said there was still a quorum present. Mr. Souza said it was a non-functional quorum because one of the members was deeply involved and it involves his father and his best friend, referring to Jesse Kerley and Steve Hill.

Councilman Kerley took the floor and thanked the citizens of Crossville for giving him the opportunity to serve and then began to attck Mr. Souza.

With that Mayor Mayberry said, I think we've heard from both sides, “This meeting is adjourned.”

A number of items were left on the agenda including the city attorney's and city manager's report as well as time for public comments.

Souza's closing comment was, “I'll see you all in court.”  

Councilman Souza calls for closed executive session on city's liability in light of allegations against city employee.

In an email addressed to the interim city manager, city attorney and city clerk, councilman Pete Souza calls requests advice concerning possible liability against the city for a number of recent actions that he says are coordinated by councilman Jesse Kerley.

               Councilman Pete Souza

Souza's email in it's entirety.

      Background, facts on the morning of Sept 30, 2016 in chronological order

(1) Councilman Kerley, Interim City Manager Hill, Jerry Kerley Water Treatment Manager

(Department head), and City Fixed Base Operator ( Crossville Aero, Sole Proprietorship ), and

Airport Manager Chris Bennett are having breakfast together at Edgewood Restaurant

approximately between 7:30 AM to 8:30 AM on this date. (Source multiple

witnesses) Now is the time to dispute this if any one cares to or if I am in error.

(2) At about 8:45 AM Jerry Kerley and Chris Bennett enter the Airport. Mr Bennett

gos to the vicinity of the Storage area Hanger and returns with a airport employee

William Harwell wherein Jerry Kerley and he leaves together going East on hwy 70

towards town and the site of reported stolen property. Source airport security video.

(3) Jerry Kerley and a unidentified person is caught on video with a eye witness

scaling the roof of a building about fifteen minutes later. Source citizen video.

(4) Jerry Kerley and person identified as William Harwell airport employee return

and go through the secondary security gate that is left open to the vicinity of our

new Million dollar hanger ( that is cost of construction and engineering ), and then

leaves. Source airport security camera.

(5) On 30 September Jerry Kerley's time card signed by Joe Kerley reflects he

was on city time (source time card). While I am sure Jerry Kerley puts a lot

of time in for the city and does a admiral job in the treatment facilities that

has no bearing that he was on city time at the time of the thefts.

(6) The stolen property was recovered at the city airport by the District Attorneys

Office the following Monday.

Now Mr Ridley I am going to haul this right out in the open and by open I

mean transparent open. I come to think of the events of Septmber 30 th

as BLACK SEPTEMBER for the city of Crossville. The events of this date

culminates in a long list of events that can be argued the city of Crossvile through

the entities of its municipal functions have participated through city officials

to cause harm to a citizen of our community.

Where am I going with this ? I am going to ask you for a closed executive

section for your recommendations to council. Why ? Because there is no

doubt the events since Mr Rutherford's dismissal has spiraled out of control.

The black train is coming down the path and all the rhetoric in the world

and denials is not going to get the city out of the mess it is in. When the

new council comes aboard they are going to want answers. I believe when

the EEOC investigation on the city and members of the officials takes place

there will be a appreciation for accountability. I also believe there is going

to be a series of law suits against the city and officials of the city.

Some of the events that have taken place would be funny if they were not

so serious. It's as though people have set around and decided what is the

most stupid thing we can do today, or let's get on a video and audition

for the nations dumbest criminal. But what has really transpired is persons

involved have discredited the city, left the city liable, and has brought in

local law enforcement and judicial entities to deal with stupid. A local

attorney Earl Patton best said what we have here on a sign, "You can not

fix stupid but you can document it " or words to that effect. Unfortunately

what we have here is the city officials doing or as the case might be allowing

this to go on for far to long (Complacent).

On June 1st I sent a letter to council outlining Councilman Kerley being

out of control, and targeting people. On June 2nd the assault took place and no

that issue is not over. Since then we have had councilman Kerley order people

arrested, he has established a pattern. This pattern has transpired with

arguably the knowledge of the council. Lies, shear fabrication, conspiracy

theory, really, tell that to a civil jury because boys and girls it's coming and

the cost to the tax payers is going to be the subject for years.

Let's talk about the pattern; (1) Councilman Kerley's Complaint about the fliers

he is acting on stems allegedly from complaints of businessmen (never established). He

Pushed a misdemeanor complaint to the limit, using a zealous personal motive that

transpired a series of events that are still being impacted on the city. No

one had ever been cited but he pursued this going directly to the chief and

some of his officers. To this day like violations are going on with no enforcement.

Constitutionally where is that equitable under the law (does the council not

remember that part of their oath required them to uphold the constitution ).

Councilman Kerley used the law enforcement entity of the city for his own agenda.

The judicial entity comes into play when a fine of $1,500 dollars is levied for

one violation. That will be determined by Judge Jonathan Young. If the

appeal falls in favor Randy Blankenship or the appeal of the issues with the

restraining order are not in the favor of the city judge the city may have issues. Does

any one on council,think that a noted constitutional lawyer came up out

of Nashville because he didn't have something to do. Article VIII of the

constitution "excessive fines imposed", germane.

Then we have councilman Kerley getting involved with Chief Shoap over Judge

Ivy Gardners restraining order. That was none of Councilman Kerley's business.

Protection was the chiefs responsibility, extenuating legal business is the city attorneys.

Then Councilman Kerley verbally assaults Chief Shoap on his duties in

reference to the restraining order on June 3rd in front of a city employee and

the city manager who allows this to happen. Now you have the judicial

and chief city administrator involved, yet another city entity. The legislative

side, the law enforcement side, the judicial side, and the city administrator

all involved in one misdemeanor.

We don't want to stop there lets let Councilman Kerley continue with his reckless

disregard and continue to pursue his avenging personal agenda taking with him

collateral damage to the city and other city employees. Councilman Kerley then

interferes with a investigation on Mr Blankenship's mother a elderly woman on

oxygen and wants her arrested for "filing a false police report you all have seen

the correspondence. Why? To get to Mr Blankenship.

Midnight raids on their house occurs. ?????

Councilman Kerley with witnesses tells the Chief to arrest Mr Blankenship at a council

meeting because he has insurance and registration violations. Then he changes that to

Tell Shoap to have sheriff deputies arrest Mr Blankenship when he leaves city hall. Really like

the chief has operational control over sheriff deputies. Why not tell the sheriff what to

do, he tells the city police what to do or tries. (Any one want to guess why the chief left )

All this time Councilman Kerley's buddy the city manager Steve Hill is allowing this.

Prove it, I will let the Federal Investigator prove it and the Mr Blankenship's attorney.

If my memory is correct Rod Shoap turned into the DA's office a statement earlier on all

of this. By the way the vehicle was properly registered and insured.

Now we come to BLACK SEPTEMBER. Question how is it Jerry Kerley drives right into

the airport and picks up Mr Harwell escorted by Chris Bennett ? Maybe it was

just a coincidence. Was the Breakfast just another of the friends and family plan?

When did the realization of the raid on Mr Blankenship occur? Or did we now

move to the part where the city airport and contract employees were used to

facilitate a theft on councilman Kerley political and personal enemy. Now we

have involved the entity of the city airport. Well criminal acts have to be proven

beyond a reasonable doubt, civil just needs a preponderance of evidence. What

is BLACK SEPTEMBER going to cost the tax payers?

Allegations of theft of Mr Kerley's signs, really. He got the city police, the sheriffs

office, the DAs office all running around for what turned out to be not even his signs.

Well he named all of his political enemies including me, Jim Young, Rod Shoap

as suspects detective Jessie Luke Kerley also named Blankenship. Councilman

Kerley is out of control because once again his wild reckless disregard continued

To target Mr Blankenship expanding his attempt to use law enforcement and the

DA's office to cause harm.

Now we go,to Mr Hill who is enabling his friend Jessie Kerley and Jerry Kerley

to fall under the protection of the city managers office. Jerry Kerley

claims he is under a hostile environment. Would that be because the city

employees see that city conduct standards,are enforcement differently

for Mr Hills buddy? Really he participates in stalking and a assault. Jerry

Kerley tells the Mayor he's going to whip Souza over Blankenship's signs.

Jerry Kerley is charged with stealing during working hours and takes stolen

property to city property. Any employee but a Kerley would have been

suspended? The number one question I get asked by employees is how

come Jerry Kerley can get away with this and he wonders why other workers are

resentful. Double standards will do that. Truth is Mr Hill is Jesse Kerley's agent

that was proven when he brought the Kerley's down to the IT department

on 3 June and interfered with a police investigation and allowed Jesse Kerley

to bully Rod Shoap! The city manager had no business interfering with a

police investigation period. At that point the city manager should have

been suspended. Now the question is the city manager protected as well.

I think I'll let the federal investigator determine that.

So now I am asking for Executive Session to determine Crossville's Potential

liability for Councilman Kerley's actions. Also I want you to please

advise the council on the roles and responsibility of the city manager and

what actions is the city manager supposed to do relative and specifically

On these theft charges and the threat on me that was told to the mayor.

Also I would like you to,advise the council about the non compliance

to the open records act I will the city clerk discuss that with you.

Thank you,

Pete

Sally please give a copy to each council member, the chief of police,

the Sheriff, and the DA

Councilman Souza calls for closed executive session on city's liability in light of allegations against city employee.

In an email addressed to the interim city manager, city attorney and city clerk, councilman Pete Souza calls requests advice concerning possible liability against the city for a number of recent actions that he says are coordinated by councilman Jesse Kerley.

Councilman Pete Souza

Souza's email in it's entirety.

      Background, facts on the morning of Sept 30, 2016 in chronological order

(1) Councilman Kerley, Interim City Manager Hill, Jerry Kerley Water Treatment Manager

(Department head), and City Fixed Base Operator ( Crossville Aero, Sole Proprietorship ), and

Airport Manager Chris Bennett are having breakfast together at Edgewood Restaurant

approximately between 7:30 AM to 8:30 AM on this date. (Source multiple

witnesses) Now is the time to dispute this if any one cares to or if I am in error.

(2) At about 8:45 AM Jerry Kerley and Chris Bennett enter the Airport. Mr Bennett

gos to the vicinity of the Storage area Hanger and returns with a airport employee

William Harwell wherein Jerry Kerley and he leaves together going East on hwy 70

towards town and the site of reported stolen property. Source airport security video.

(3) Jerry Kerley and a unidentified person is caught on video with a eye witness

scaling the roof of a building about fifteen minutes later. Source citizen video.

(4) Jerry Kerley and person identified as William Harwell airport employee return

and go through the secondary security gate that is left open to the vicinity of our

new Million dollar hanger ( that is cost of construction and engineering ), and then

leaves. Source airport security camera.

(5) On 30 September Jerry Kerley's time card signed by Joe Kerley reflects he

was on city time (source time card). While I am sure Jerry Kerley puts a lot

of time in for the city and does a admiral job in the treatment facilities that

has no bearing that he was on city time at the time of the thefts.

(6) The stolen property was recovered at the city airport by the District Attorneys

Office the following Monday.

Now Mr Ridley I am going to haul this right out in the open and by open I

mean transparent open. I come to think of the events of Septmber 30 th

as BLACK SEPTEMBER for the city of Crossville. The events of this date

culminates in a long list of events that can be argued the city of Crossvile through

the entities of its municipal functions have participated through city officials

to cause harm to a citizen of our community.

Where am I going with this ? I am going to ask you for a closed executive

section for your recommendations to council. Why ? Because there is no

doubt the events since Mr Rutherford's dismissal has spiraled out of control.

The black train is coming down the path and all the rhetoric in the world

and denials is not going to get the city out of the mess it is in. When the

new council comes aboard they are going to want answers. I believe when

the EEOC investigation on the city and members of the officials takes place

there will be a appreciation for accountability. I also believe there is going

to be a series of law suits against the city and officials of the city.

Some of the events that have taken place would be funny if they were not

so serious. It's as though people have set around and decided what is the

most stupid thing we can do today, or let's get on a video and audition

for the nations dumbest criminal. But what has really transpired is persons

involved have discredited the city, left the city liable, and has brought in

local law enforcement and judicial entities to deal with stupid. A local

attorney Earl Patton best said what we have here on a sign, "You can not

fix stupid but you can document it " or words to that effect. Unfortunately

what we have here is the city officials doing or as the case might be allowing

this to go on for far to long (Complacent).

On June 1st I sent a letter to council outlining Councilman Kerley being

out of control, and targeting people. On June 2nd the assault took place and no

that issue is not over. Since then we have had councilman Kerley order people

arrested, he has established a pattern. This pattern has transpired with

arguably the knowledge of the council. Lies, shear fabrication, conspiracy

theory, really, tell that to a civil jury because boys and girls it's coming and

the cost to the tax payers is going to be the subject for years.

Let's talk about the pattern; (1) Councilman Kerley's Complaint about the fliers

he is acting on stems allegedly from complaints of businessmen (never established). He

Pushed a misdemeanor complaint to the limit, using a zealous personal motive that

transpired a series of events that are still being impacted on the city. No

one had ever been cited but he pursued this going directly to the chief and

some of his officers. To this day like violations are going on with no enforcement.

Constitutionally where is that equitable under the law (does the council not

remember that part of their oath required them to uphold the constitution ).

Councilman Kerley used the law enforcement entity of the city for his own agenda.

The judicial entity comes into play when a fine of $1,500 dollars is levied for

one violation. That will be determined by Judge Jonathan Young. If the

appeal falls in favor Randy Blankenship or the appeal of the issues with the

restraining order are not in the favor of the city judge the city may have issues. Does

any one on council,think that a noted constitutional lawyer came up out

of Nashville because he didn't have something to do. Article VIII of the

constitution "excessive fines imposed", germane.

Then we have councilman Kerley getting involved with Chief Shoap over Judge

Ivy Gardners restraining order. That was none of Councilman Kerley's business.

Protection was the chiefs responsibility, extenuating legal business is the city attorneys.

Then Councilman Kerley verbally assaults Chief Shoap on his duties in

reference to the restraining order on June 3rd in front of a city employee and

the city manager who allows this to happen. Now you have the judicial

and chief city administrator involved, yet another city entity. The legislative

side, the law enforcement side, the judicial side, and the city administrator

all involved in one misdemeanor.

We don't want to stop there lets let Councilman Kerley continue with his reckless

disregard and continue to pursue his avenging personal agenda taking with him

collateral damage to the city and other city employees. Councilman Kerley then

interferes with a investigation on Mr Blankenship's mother a elderly woman on

oxygen and wants her arrested for "filing a false police report you all have seen

the correspondence. Why? To get to Mr Blankenship.

Midnight raids on their house occurs. ?????

Councilman Kerley with witnesses tells the Chief to arrest Mr Blankenship at a council

meeting because he has insurance and registration violations. Then he changes that to

Tell Shoap to have sheriff deputies arrest Mr Blankenship when he leaves city hall. Really like

the chief has operational control over sheriff deputies. Why not tell the sheriff what to

do, he tells the city police what to do or tries. (Any one want to guess why the chief left )

All this time Councilman Kerley's buddy the city manager Steve Hill is allowing this.

Prove it, I will let the Federal Investigator prove it and the Mr Blankenship's attorney.

If my memory is correct Rod Shoap turned into the DA's office a statement earlier on all

of this. By the way the vehicle was properly registered and insured.

Now we come to BLACK SEPTEMBER. Question how is it Jerry Kerley drives right into

the airport and picks up Mr Harwell escorted by Chris Bennett ? Maybe it was

just a coincidence. Was the Breakfast just another of the friends and family plan?

When did the realization of the raid on Mr Blankenship occur? Or did we now

move to the part where the city airport and contract employees were used to

facilitate a theft on councilman Kerley political and personal enemy. Now we

have involved the entity of the city airport. Well criminal acts have to be proven

beyond a reasonable doubt, civil just needs a preponderance of evidence. What

is BLACK SEPTEMBER going to cost the tax payers?

Allegations of theft of Mr Kerley's signs, really. He got the city police, the sheriffs

office, the DAs office all running around for what turned out to be not even his signs.

Well he named all of his political enemies including me, Jim Young, Rod Shoap

as suspects detective Jessie Luke Kerley also named Blankenship. Councilman

Kerley is out of control because once again his wild reckless disregard continued

To target Mr Blankenship expanding his attempt to use law enforcement and the

DA's office to cause harm.

Now we go,to Mr Hill who is enabling his friend Jessie Kerley and Jerry Kerley

to fall under the protection of the city managers office. Jerry Kerley

claims he is under a hostile environment. Would that be because the city

employees see that city conduct standards,are enforcement differently

for Mr Hills buddy? Really he participates in stalking and a assault. Jerry

Kerley tells the Mayor he's going to whip Souza over Blankenship's signs.

Jerry Kerley is charged with stealing during working hours and takes stolen

property to city property. Any employee but a Kerley would have been

suspended? The number one question I get asked by employees is how

come Jerry Kerley can get away with this and he wonders why other workers are

resentful. Double standards will do that. Truth is Mr Hill is Jesse Kerley's agent

that was proven when he brought the Kerley's down to the IT department

on 3 June and interfered with a police investigation and allowed Jesse Kerley

to bully Rod Shoap! The city manager had no business interfering with a

police investigation period. At that point the city manager should have

been suspended. Now the question is the city manager protected as well.

I think I'll let the federal investigator determine that.

So now I am asking for Executive Session to determine Crossville's Potential

liability for Councilman Kerley's actions. Also I want you to please

advise the council on the roles and responsibility of the city manager and

what actions is the city manager supposed to do relative and specifically

On these theft charges and the threat on me that was told to the mayor.

Also I would like you to,advise the council about the non compliance

to the open records act I will the city clerk discuss that with you.

Thank you,

Pete

Sally please give a copy to each council member, the chief of police,

the Sheriff, and the DA

Councilman Souza calls for closed exeuctive session on city's liability in light of allegations against city employee

In an email addressed to the interim city manager, city attorney and city clerk, councilman Pete Souza calls requests advice concerning possible liability against the city for a number of recent actions that he says are coordinated by councilman Jesse Kerley.

Souza's email in it's entirety.

      Background, facts on the morning of Sept 30, 2016 in chronological order

(1) Councilman Kerley, Interim City Manager Hill, Jerry Kerley Water Treatment Manager

(Department head), and City Fixed Base Operator ( Crossville Aero, Sole Proprietorship ), and

Airport Manager Chris Bennett are having breakfast together at Edgewood Restaurant

approximately between 7:30 AM to 8:30 AM on this date. (Source multiple

witnesses) Now is the time to dispute this if any one cares to or if I am in error.

(2) At about 8:45 AM Jerry Kerley and Chris Bennett enter the Airport. Mr Bennett

gos to the vicinity of the Storage area Hanger and returns with a airport employee

William Harwell wherein Jerry Kerley and he leaves together going East on hwy 70

towards town and the site of reported stolen property. Source airport security video.

(3) Jerry Kerley and a unidentified person is caught on video with a eye witness

scaling the roof of a building about fifteen minutes later. Source citizen video.

(4) Jerry Kerley and person identified as William Harwell airport employee return

and go through the secondary security gate that is left open to the vicinity of our

new Million dollar hanger ( that is cost of construction and engineering ), and then

leaves. Source airport security camera.

(5) On 30 September Jerry Kerley's time card signed by Joe Kerley reflects he

was on city time (source time card). While I am sure Jerry Kerley puts a lot

of time in for the city and does a admiral job in the treatment facilities that

has no bearing that he was on city time at the time of the thefts.

(6) The stolen property was recovered at the city airport by the District Attorneys

Office the following Monday.

Now Mr Ridley I am going to haul this right out in the open and by open I

mean transparent open. I come to think of the events of Septmber 30 th

as BLACK SEPTEMBER for the city of Crossville. The events of this date

culminates in a long list of events that can be argued the city of Crossvile through

the entities of its municipal functions have participated through city officials

to cause harm to a citizen of our community.

Where am I going with this ? I am going to ask you for a closed executive

section for your recommendations to council. Why ? Because there is no

doubt the events since Mr Rutherford's dismissal has spiraled out of control.

The black train is coming down the path and all the rhetoric in the world

and denials is not going to get the city out of the mess it is in. When the

new council comes aboard they are going to want answers. I believe when

the EEOC investigation on the city and members of the officials takes place

there will be a appreciation for accountability. I also believe there is going

to be a series of law suits against the city and officials of the city.

Some of the events that have taken place would be funny if they were not

so serious. It's as though people have set around and decided what is the

most stupid thing we can do today, or let's get on a video and audition

for the nations dumbest criminal. But what has really transpired is persons

involved have discredited the city, left the city liable, and has brought in

local law enforcement and judicial entities to deal with stupid. A local

attorney Earl Patton best said what we have here on a sign, "You can not

fix stupid but you can document it " or words to that effect. Unfortunately

what we have here is the city officials doing or as the case might be allowing

this to go on for far to long (Complacent).

On June 1st I sent a letter to council outlining Councilman Kerley being

out of control, and targeting people. On June 2nd the assault took place and no

that issue is not over. Since then we have had councilman Kerley order people

arrested, he has established a pattern. This pattern has transpired with

arguably the knowledge of the council. Lies, shear fabrication, conspiracy

theory, really, tell that to a civil jury because boys and girls it's coming and

the cost to the tax payers is going to be the subject for years.

Let's talk about the pattern; (1) Councilman Kerley's Complaint about the fliers

he is acting on stems allegedly from complaints of businessmen (never established). He

Pushed a misdemeanor complaint to the limit, using a zealous personal motive that

transpired a series of events that are still being impacted on the city. No

one had ever been cited but he pursued this going directly to the chief and

some of his officers. To this day like violations are going on with no enforcement.

Constitutionally where is that equitable under the law (does the council not

remember that part of their oath required them to uphold the constitution ).

Councilman Kerley used the law enforcement entity of the city for his own agenda.

The judicial entity comes into play when a fine of $1,500 dollars is levied for

one violation. That will be determined by Judge Jonathan Young. If the

appeal falls in favor Randy Blankenship or the appeal of the issues with the

restraining order are not in the favor of the city judge the city may have issues. Does

any one on council,think that a noted constitutional lawyer came up out

of Nashville because he didn't have something to do. Article VIII of the

constitution "excessive fines imposed", germane.

Then we have councilman Kerley getting involved with Chief Shoap over Judge

Ivy Gardners restraining order. That was none of Councilman Kerley's business.

Protection was the chiefs responsibility, extenuating legal business is the city attorneys.

Then Councilman Kerley verbally assaults Chief Shoap on his duties in

reference to the restraining order on June 3rd in front of a city employee and

the city manager who allows this to happen. Now you have the judicial

and chief city administrator involved, yet another city entity. The legislative

side, the law enforcement side, the judicial side, and the city administrator

all involved in one misdemeanor.

We don't want to stop there lets let Councilman Kerley continue with his reckless

disregard and continue to pursue his avenging personal agenda taking with him

collateral damage to the city and other city employees. Councilman Kerley then

interferes with a investigation on Mr Blankenship's mother a elderly woman on

oxygen and wants her arrested for "filing a false police report you all have seen

the correspondence. Why? To get to Mr Blankenship.

Midnight raids on their house occurs. ?????

Councilman Kerley with witnesses tells the Chief to arrest Mr Blankenship at a council

meeting because he has insurance and registration violations. Then he changes that to

Tell Shoap to have sheriff deputies arrest Mr Blankenship when he leaves city hall. Really like

the chief has operational control over sheriff deputies. Why not tell the sheriff what to

do, he tells the city police what to do or tries. (Any one want to guess why the chief left )

All this time Councilman Kerley's buddy the city manager Steve Hill is allowing this.

Prove it, I will let the Federal Investigator prove it and the Mr Blankenship's attorney.

If my memory is correct Rod Shoap turned into the DA's office a statement earlier on all

of this. By the way the vehicle was properly registered and insured.

Now we come to BLACK SEPTEMBER. Question how is it Jerry Kerley drives right into

the airport and picks up Mr Harwell escorted by Chris Bennett ? Maybe it was

just a coincidence. Was the Breakfast just another of the friends and family plan?

When did the realization of the raid on Mr Blankenship occur? Or did we now

move to the part where the city airport and contract employees were used to

facilitate a theft on councilman Kerley political and personal enemy. Now we

have involved the entity of the city airport. Well criminal acts have to be proven

beyond a reasonable doubt, civil just needs a preponderance of evidence. What

is BLACK SEPTEMBER going to cost the tax payers?

Allegations of theft of Mr Kerley's signs, really. He got the city police, the sheriffs

office, the DAs office all running around for what turned out to be not even his signs.

Well he named all of his political enemies including me, Jim Young, Rod Shoap

as suspects detective Jessie Luke Kerley also named Blankenship. Councilman

Kerley is out of control because once again his wild reckless disregard continued

To target Mr Blankenship expanding his attempt to use law enforcement and the

DA's office to cause harm.

Now we go,to Mr Hill who is enabling his friend Jessie Kerley and Jerry Kerley

to fall under the protection of the city managers office. Jerry Kerley

claims he is under a hostile environment. Would that be because the city

employees see that city conduct standards,are enforcement differently

for Mr Hills buddy? Really he participates in stalking and a assault. Jerry

Kerley tells the Mayor he's going to whip Souza over Blankenship's signs.

Jerry Kerley is charged with stealing during working hours and takes stolen

property to city property. Any employee but a Kerley would have been

suspended? The number one question I get asked by employees is how

come Jerry Kerley can get away with this and he wonders why other workers are

resentful. Double standards will do that. Truth is Mr Hill is Jesse Kerley's agent

that was proven when he brought the Kerley's down to the IT department

on 3 June and interfered with a police investigation and allowed Jesse Kerley

to bully Rod Shoap! The city manager had no business interfering with a

police investigation period. At that point the city manager should have

been suspended. Now the question is the city manager protected as well.

I think I'll let the federal investigator determine that.

So now I am asking for Executive Session to determine Crossville's Potential

liability for Councilman Kerley's actions. Also I want you to please

advise the council on the roles and responsibility of the city manager and

what actions is the city manager supposed to do relative and specifically

On these theft charges and the threat on me that was told to the mayor.

Also I would like you to,advise the council about the non compliance

to the open records act I will the city clerk discuss that with you.

Thank you,

Pete

Sally please give a copy to each council member, the chief of police,

the Sheriff, and the DA

Interim city manager Steve Hill survives attempt to dismiss him. Kerley a no show at meeting

During the Crossville city council meeting an item came before the council put on the agenda by Councilman Pete Souza for “discussion and action on removal and replacement of interim city manager.”

Councilman Souza moved to terminate Hill as of midnight October 13, day of the meeting.  The motion received a second from Mayor James Mayberry.

Interim city manager Steve Hill, left, listens to councilman Pete Souza discuss 

Souza's motion to dismiss Hill as the manager.  

“Everybody is tired of the trash,” began Souza, “tired of the trash in the city and tired of the trash in the national election. I have a long list of reasons why, but I don't see a point in going over everything. I will if this council so desires. But I don't see the point in going over everything. I believe that when each council member came here to this meeting tonight, they'd already made up their minds on what they are going to do on this agenda item. This is an important agenda item and I can't imagine that any member of this council having not considered it before they came.”

Souza continued, “The trust of the individuals out there in our community towards the government and the city is essential to the growth of this city. I don't believe Mr. Hill has demonstrated sound leadership traits, administrative skills and executive skills.”

Councilwoman Pam Harris spoke on the matter. She had originally requested a similar item be placed on the agenda but removed her item after finding out Mr. Souza had placed his item on the agenda. Said Harris, “I really considered this greatly. I've even talked to Mr. Hill as to whether he would even be interested in transitioning out.

Harris continued, “I have some heartburn about this because there's a right way and wrong way to do things and we're so close to the election. And after the election we're probably within a couple of months of hiring a permanent city manager and hopefully entering into a time of healing for the community and our city. I'm not so sure that this is really going to help matters.”

Mayor Mayberry called for a roll call vote that ended in a tie vote with Souza and Mayberry in favor and Wyatt and Harris opposed. The motion failed.

While councilman Jesse Kerley did not attend the meeting to cast a vote at least two witnesses reported seeing his vehicle parked across the street from city hall prior to and after the meeting.

Hill had attempted to keep the item concerning his position off of the council's agenda but was unable to do so.  Hill does not control the council's agenda

Exclusive Video of Crossville city council discussing fate of

interim city manager Steve Hill

Ethics complaint filed against Councilman Souza by city employee Jerry Kerley. Souza responds to allegation about his military service.

Two additional ethics complaints have been filed back at councilman Pete Souza by the city's director of water resources Jerry Kerley. There has been an ongoing feud between the Kerley family and Souza for sometime.

Mr. Souza said that the second complaint which makes a false allegation about his separation from the US Marine Corp is particularly heinous to him. The complaint alleges he left the military due to “mental instability.”

Crossville councilman Pete Souza

Souza said left active duty after 20 years in the US Marine Corp at the rank of Major and at that time he was awarded the Meritorious Service Medal. The Meritorious Service Medal is awarded by the President of the United States for achievement during peacetime.  Souza explained that the award speaks for itself and the manner in which he served his country.

The citation for the Meritorious Service Medal reads in part: “(Souza's) superior performance of duty during his tour is the hall mark of a career devoted to accomplishing broad and diverse tasks which highlights the culmination of 20 years of honorable and dedicated naval service. Major Souza's professionalism and devotion to duty reflected great credit upon himself and were in keeping with the highest tradition of the Marine Corps and the United State Naval Service.”

The two ethics complaints could be added to the meeting that will consider the ethics complaints filed by councilman Souza. City attorney Will Ridely has recommended to the council that they hold a special called meeting to act on the ethics complaints.

The first of the complaints filed by Jerry Kerley includes an accusation of verbal and physical assault related to the June 2 incident caught on video that has led to assault charges against Kerley's son councilman Jesse Kerley. The assault charge filed against Jesse Kerley was dismissed after a hearing in front of General Sessions Judge Larry Warner.

Jerry Kerley's statement says, “I questioned council person Souza about his involvement in the display of signage involving councilman Jesse Kerley. He instantly became defensive and began to verbally accost me while using a wide range of profanity. Then as I attempted to walk past him (Souza), he then blocked my path abruptly turned towards me thrusting his shoulder into my chest in an attempt to stop me from proceeding out of the building.”

The second complaint also addresses one of Souza's ethics complaints and concludes with the accusation against the councilman and his discharge from the military. The second complaint states, “I, Jerry Kerley have been the target of false accusation and reckless disregard of the truth by Pedro Souza. Mr. Souza alleges without proof that myself and councilman Kerley tampered with video evidence regarding an altercation that took place on June 2nd 2016 at Crossville city hall. In my 26 years being employed by the city of Crossville I have never encountered a more manipulative, devious, and dishonest individual as Mr. Souza. My workplace has become a hostile environment and this concerns me. Mr. Souza's actions exhibit characteristics associated with mental instability. It is my understanding that Mr. Souza was also discharged from the military due to similar behavior.”

The council is the ethics committee and is charged with determining if the complaints have merit, do not have merit, or require investigation. If investigation is needed and approved a lawyer from outside a 100 mile radius is chosen to investigate.

Related story: Councilman Souza files ethics complaints. 

After testimony of councilman Pete Souza and witness, charges against councilman Jesse Kerley dismissed by Judge Larry Warner

While the principals in the case waited all morning, the hearing finally got underway at 1:30 PM in the afternoon. District attorney Philip Hatch prosecuted the case for the state and Kevin Bryant was the attorney defending Jesse Kerley.

Councilman Pete Souza testified he was assaulted by councilman Kerley

Assault charges against Councilman Kerley dismissed after hearing. 

The entire hearing lasted just under 30 minutes and at the end of the hearing, Cumberland County General Sessions Judge Larry Warner ruled that the case fell somewhere between probable case and beyond a reasonable doubt but according to Judge Warner did not rise above the level of beyond a reasonable doubt and he ruled in favor of Attorney Kevin Bryant's motion to dismiss the charges against his client Kerley.

The two lawyers stipulated to the city hall surveillance video and the first testimony was given by Crossville city councilman Pete Souza who was the alleged victim of the assault by Mr. Kerley.  Souza described the incident under questioning of DA Hatch saying that he had come down the stairs into the lobby of city hall and described councilman Jesse Kerley as being in an "aggressive, animated and angry mode."

Souza said that he came down the stairs from the meeting and Kerley was at the bottom of the stairs "pretty stimulated and excited" and wanted Souza to accompany Kerley out side to talk. Souza said as he started through the door Kerley father came right up behind him blocking Souza. According to Souza Kerley's father said something to him and he turned his head and did not see Jesse coming at him and he was struck in the chest very hard by Jesse Kerley.

Souza said he went into a defensive mode and was asked if he was scared by DA Hatch.  Souza answered, "What I saw sir was the same thing I saw many years ago in the line of duty when someone wanted to kill me.  I was afraid."

Souza said he then went back up to the meeting room to report the incident to interim police chief Rod Shoap.  After reporting the incident to Shoap Souza left city hall.

Bryant on cross examination asked Souza about the fact that the police did not take out a warrant shortly after the incident.  The summons for Mr. Kerley was not issued until early August about 2 months after the incident.  Souza testified that police chief Shoap took the information to the district attorney's office before the summons was issued.

The second witness called was Howard Burnette who had left the meeting just before Mr. Souza and he testified he had concerns for his own safety after seeing the two Kerley's in the lobby of city hall.  Burnette said that he was concerned for his safety and instead of going out the door turned toward the water fountain.  Burnette said that he waited until another man came down the stairs and then he felt it was safe for him to go to his car.

Burnette got to his car, got in and prepared to leave the parking lot when he looked up and saw the incident.  His car was parked facing the door at which Mr. Souza and Mr. Kerley came together.  According to Burnette, he saw Kerley go toward Souza and Souza was struck.  Burnette said he could not see how Kerley struck Souza but he could see Souza's reaction to being struck.   Burnette testified he then got out of the car and moved quickly back toward the two men expecting to break up a fight but Mr. Souza turned to go back in the building and Burnette followed.

On cross, Mr. Bryant questioned Mr. Burnette's fear at first then later his movement toward Mr. Kerley and Mr. Souza rather then calling 911.

The next action was for the judge to review the surveillance video from city hall and following that Mr. Bryant made a motion to dismiss saying that the case was based mostly on the video that he described as "clear as mud."  Bryant said there was not proof beyond a reasonable doubt in the case.

DA Hatch argued that the court had heard testimony from the victim as well as a witness and added that the evidence was strong enough for the case to move forward.

Judge Warner said that the case fell squarely between probable cause and beyond a reasonable doubt.  He said that  the evidence need to be beyond a reasonable doubt and he granted Mr. Bryants motion and dismissed the charges against Mr. Kerley.

Court appearance by councilman Jesse Kerley on assault charges scheduled for Thursday October 6th

After a one month continuance, the first court appearance by Crossville city councilman Jesse Kerley to face assault charges for the incident June 2 following a council work session is expected in Cumberland County general sessions court on October 6th.

Crossville councilman Jesse Kerley

.
The charges allege that Kerley assaulted councilman Pete Souza as both men were leaving the city hall building.  The incident was caught on video by a surveillance camera inside the city hall lobby.

Crossville city hall lobby surveillance camera video

Councilman Kerley was served with a summons on the charge that read in part, “Mr. Souza was attending a meeting at city hall. After the meeting Mr. Kerley confronted Mr. Souza. During that time, Mr. Souza got hit in the shoulder and the chest. Mr. Kerley did intentionally or knowingly cause Mr. Souza to reasonably fear imminent bodily injury. Said offense occurred in Cumberland Co. Tennessee.”

Reports at the time indicate councilman Kerley's father, who was not charged in this incident made a comment about Souza's help in making signs in the yard at a Mocking bird Drive residence.  Those signs have recently resulted in misdemeanor theft charges against Jerry Kerley after the signs disappeared at 9 AM Friday morning.  The incident was captured on video and following an investigation by the DA's office the signs were recovered and the charges placed.

Kerley is being represented by Crossville attorney Kevin Bryant and according to Mr. Souza the district attorney's office is prosecuting the case. The charge is a class A misdemeanor with a maximum penalty of 11 months and 29 days in jail and/or a fine of $2500.