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Committee flags 7‑of‑9 and unanimity language, asks counsel to clarify legal requirement
Summary
Committee members asked legal counsel to confirm whether the rules-of-procedure requirement (a finding by seven of nine voting members) or a separate unanimous‑finding reference is required by Tennessee law; the committee agreed to review procedures with counsel before finalizing.
During review of the draft rules the Knox County Ethics Committee identified two potentially inconsistent provisions: one requiring a finding of violation by a minimum of seven of nine voting members present, and another passage that referenced a unanimous finding. Members asked whether either threshold is required by state law or by CTAS guidance and requested legal confirmation before finalizing procedure language.
The agency official advised caution and said he would prefer to review specifics before giving a definitive legal interpretation, noting a recent comprehensive procedures review but agreeing to check the statutory or CTAS basis for a unanimity requirement. The chair asked counsel to report back to the committee at the next meeting with confirmation on whether state law or other guidance mandates the contested threshold.
Members emphasized the practical need to spell out a process if unanimity is required or what happens if a vote is not unanimous. One committee member said the rules should explicitly describe consequences when unanimity is not reached rather than leaving outcomes "assumed." The committee agreed to take a look at procedures in a future meeting and to solicit counsel's written guidance on thresholds and any required wording.
The committee did not adopt any procedural change in the meeting; instead, members directed staff and counsel to return with clarifications so the committee can resolve the language in a subsequent session.
