Court Hands Setback to Attempt at Ousting Utility Commissioners

A unanimous ruling by the state Court of Appeals has provided a serious setback to efforts to remove three Powell-Clinch Utility commissioners from office, reports the News Sentinel.
Judges opined that the commissioners can’t be removed from office for allegedly running a loose fiscal ship before a state law was amended in 2009 making that an ouster offense. That amendment made failure to fulfill fiduciary duties — even without “knowing or willful conduct” — a valid reason to toss commissioners out of office.
The Court of Appeals called the effort to oust on the basis of that amendment “an impermissible retrospective application of law.” The case was sent back to a Davidson County chancellor for further proceedings.
The ouster effort by the state’s Utility Management Review Board began two years ago and was sparked by a state comptroller’s investigative audit.

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