The Knox County Commission rules committee held a discussion Nov. 24 about whether the commission should have procedures to formally address ethical concerns by elected officials, including the possibility of a censure or investigatory hearings.
Commissioner Dealing, who introduced the discussion item, said the county's current code of ethics "basically speaks to things that are already illegal" and lacks mechanisms for the commission to make public statements or take limited disciplinary action when conduct is unethical but not criminal. "I'm just putting it out to the rules," Dealing said, asking whether the committee should draft language to allow the commission to make a formal statement.
Members discussed two distinct tools: a censure resolution and investigatory powers that can include holding public hearings and issuing subpoenas. Legal staff and commissioners noted a censure is an expression of the commission's view and carries no enforcement power; by contrast, the Knox County Charter includes a provision that, if a two-thirds-resolution is adopted, "the commission and its authorized committee shall have full power and authority to hold public hearings with power to subpoena witnesses and to administer oaths" for certain investigatory purposes.
One member said such subpoena power exists but has rarely been exercised; another cautioned that court remedies such as quo warranto may be required in extreme cases to remove an officer from office. Several members said they preferred to see recommendations from the ethics subcommittee before advancing specific rule language.
The committee did not take formal action on the matter; members generally agreed to wait for the subcommittee's proposed revisions to the county's ethics rules before pursuing any change to the rules governing censure or investigatory procedures.