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Cook is Vice Mayor of Red Boiling Springs, judge rules
by Brad Gaskins
2 years ago | 1076 views | 0 0 comments | 20 20 recommendations | email to a friend | print
John Cook is the vice-mayor of Red Boiling Springs, Judge John Wooten Jr. ruled Wednesday in an expedited hearing.

Cook’s attorney, Jim Hawkins of Gallatin, said the ruling was “not a ruling about personality or politics.”

“It is really a ruling about the importance of the rule of law and the recognition that the City Charter is a very vital legal document,” Hawkins said Wednesday night.

Hawkins presented two theories in his opening statement.

First, he argued the council’s actions to remove Cook violated the City Charter.

Second, he argued that it appeared events occurring during the meeting had been planned in advance "in possible violation of the Tennessee Open Meetings Act."

After opening statements from Hawkins and Jon Wells, representing Red Boiling Springs, Judge Wooten said he would only hear testimony at this point concerning a possible violation of the City Charter.

Hawkins called three witnesses to the stand: RBS City Clerk Coby Knight, RBS Mayor Kenneth Hollis and Cook.

Wells cross-examined Knight and Hollis but not Cook. Wells called no witnesses.

Wells argued that Cook was appointed vice mayor by a motion from the City Council. Likewise, Wells argued, City Council could take the position away by the same process. He argued that the minutes of the meeting in which Cook was appointed vice mayor do not specify a time period.

Hawkins argued that the City Charter requires the council to elect a vice mayor for a two-year term. He argued history showed the council had done exactly that in 2005, 2007 and 2009.

Judge Wooten, in delivering his ruling, stated that there was a clear pattern for the City Council to elect a vice mayor every two years as required by the City Charter. He stated Cook had been elected for two years even though the motion to make him vice mayor did not specify a time period.

Judge Wooten ordered the city to pay Cook’s court costs.

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