CLARKSVILLE, TN (CLARKSVILLE NOW) – One week after a resolution was introduced to revisit the terminated lease of the Ajax Turner Senior Center nonprofit, Mayor Joe Pitts Thursday night ruled the proposal out-of-order, citing the city charter, and his ruling was upheld.

Councilwoman Wanda Smith brought forward the resolution, which said the termination of the lease involving a long-standing community organization and a city-owned facility is a decision of significant public policy that warrants deliberation and collective action by the full City Council.

Pitts said the city charter invests in the mayor’s office the authority to terminate leases and contracts.

| PREVIOUSLY: Council member pushes for vote on Ajax Turner Senior Center

In response to a previous inquiry from Clarksville Now, the City of Clarksville declined to answer, saying that City Attorney Eric Bittner addressed the question with the full City Council in an attorney/client meeting, which made it confidential.

Smith challenges ruling, City Council closes meeting

Thursday night, after Pitts ruled the resolution out-of-order, Smith said she respectfully disagrees with him. “I have not found any provision expressly authorizing the mayor acting alone to terminate a lease approved by the City Council,” she said.

“Article 4 Section 1 provides that the mayor executes contracts made in the name of the city, but it does not state that the mayor may unilaterally terminate those contracts. If there is a charter provision that grants that authority, I respectfully ask for it to be identified.”

Pitts called forward City Attorney Eric Bittner, who called for a closed session for attorney/client privilege, and the meeting went into a closed session.

Under Tennessee state law, the only exception to the Sunshine Law (TCA 8-440101-201) is for a briefing on “present and pending litigation” or litigation that is likely to be filed, in which the body has been or will be named. The body’s attorney can provide a briefing, and members can ask informative questions. No deliberation is allowed – including on the crafting of motions – and no voting is allowed. The body must reconvene in public to deliberate on its actions or to vote. Violations could nullify actions taken by the board resulting from that meeting.

Hourlong recess, council rejects Smith’s challenge

After returning from a more than hourlong recess, the City Council voted on Smith’s motion to challenge the mayor’s ruling, and the challenge was voted down 4-8.

Voting against Smith’s motion were Brian Zacharias, Carlos Peters, Tim Chandler, Jerry Haywood, Jimmy Brown, Stacey Streetman, Keri Lovato and Pitts. Voting for Smith’s motion were Eric Claunch, Ambar Marquis, Smith and Travis Holleman.

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