Main Street Journal

Opinion Editorial: Should the five county positions be elected or appointed?

05.15.07

The following is an excerpt from our May issue:

By Sheriff Mark Luttrell

The Shelby County Commission is currently studying several proposals that at the very least result in some realignment of government functions, and at the most, a restructuring of five current political offices. Which direction the study goes and the degree of change we see will ultimately be decided by the voters.

Shelby County, along with Knox County are the only two counties that have taken advantage of a 1977 constitutional convention amendment and qualified for a charter form of government. We have been under this system of government since 1986. Knox County followed our lead and established their charter government in 1990. Their charter was patterned closely after Shelby County with a few minor variations. The Tennessee Supreme Court in 2006 declared the Knox County Charter unconstitutional and although no mention was made of Shelby County, the inference is strong that if legally challenged the Shelby County charter would also be declared unconstitutional. The County Commission is now taking what I think is the responsible step to correct this constitutional flaw before it becomes a judicial mandate requiri