Greeneville Parks & Rec. Board Requests Ban On Firearms In Parks

[pegasusrider]

The Greeneville Sun - News Story

The Greeneville Parks & Recreation Advisory Board voted Thursday to ask the Greeneville Board of Mayor and Aldermen to pass a resolution banning firearms from Greeneville's parks.

Guns In Parks

At the outset of discussion of the issue of guns in parks, Parks & Recreation Director Butch Patterson passed out a newsletter from the Tennessee Parks & Recreation Association indicating that 21 municipalities across the state had passed resolutions banning firearms from their parks.

Twenty-four other municipalities were said to be working on similar resolutions.

The action came on a motion from County Attorney Roger Woolsey, a Parks and Recreation Board member.

"I believe in the Second Amendment [to the U.S. Constitution, which guarantees the right to bear arms], but I also believe there are limits to Second Amendment rights," Woolsey said.

He cited a recent opinion issued by Tennessee Attorney General Robert E. Cooper Jr., which held that state law "prohibits handgun-carry permit-holders from possessing firearms in public parks during times when the athletic fields or other recreational facilities are actually being used by schools."

Woolsey said students from the Greeneville school system use athletic fields at Greeneville parks on a regular basis. In addition, he pointed out that all five Greeneville and Greene County high schools also use the Tennis Center on Hal Henard Road.

Parks & Recreation Advisory Board member Bill Isbell also noted that Greeneville Middle School uses athletic fields at Greeneville's Hardin Park.

Isbell seconded Woolsey's motion, and the board voted unanimously to recommend that the Greeneville Board of Mayor and Aldermen act to ban firearms from Greeneville Parks & Recreation facilities.

[babelt]

unfortunately our mayor will grant that

[pegasusrider]

If they don't want carry on the ballfields/tennis courts at Hardin Park, declare them part of school property since there are 2 schools beside the park and leave the rest of the park open for carry. They can't enforce their skate park rules, how can they provide added security by the police to make the park safer?

Since Kinser park is a joint effort by the city and county, I wonder if they are going to try to get it banned? It's leased TVA property.

[babelt]

they cant make the parks safer and dont get me started on that joke of a skate park.

and i dont think the will try to touch kinser park but you never know. They will probably ban it because of the ball fields down there

[56FordGuy]

I was under the impression that the Attorney General's opinion basically stated that if a school was using the park, carry was automatically prohibited there, regardless of whether the municipality bans park carry.

So they want to ban guns in the parks, because guns would already be banned when the school was using the park?

[babelt]

they just like to show their authority and be like everyone else

[Guest nofearracer]

Yep, welcome to Greeneville/Greene county, motto needs to be "monkey see, monkey do". Its the norm around here, there hasnt been an intelligent decision to come out of either the city council or county commission in ages.

[Worriedman]

The Greeneville Parks & Recreation Advisory Board

Are these positions volunteer type, or do these folks get paid any tax money for their service?

[Worriedman]

Here is the reason I asked the previous question.

In their "Official" capacity, attempting to deny me my Constitutional right as granted by the Legislature under their powers enumerated in Article 1, Section 26 of the TN Constitution by attempting to coerce the City Council to "Opt Out"of the Parks Bill, would they be violating this:

b. Official misconduct under Tennessee Code Annotated § 39-16-402

pertains to acts related to a public servant's office or employment committed

with an intent to obtain a benefit or to harm another. Acts constituting an

offense include the unauthorized exercise of official power, acts exceeding one's

official power, failure to perform a duty required by law, and receiving a benefit

not authorized by law. Offenses under this section constitute a Class E felony.

c. Under Tennessee Code Annotated § 39-16-403, "Official oppression,"

a public servant acting in an official capacity who intentionally arrests, detains,

frisks, etc., or intentionally prevents another from enjoying a right or privilege

commits a Class E felony.

The local attorney general or city attorney has a legal "duty" to investigate a

written allegation that an officer has been guilty of any of the mentioned

offenses. If he or she finds that "there is reasonable cause for such complaint, he

shall forthwith institute proceedings in the Circuit, Chancery, or Criminal Court

of the proper county." However, with respect to the city attorney, there may be

an irreconcilable conflict between that duty and the city attorney's duties to the

city, the mayor, and the rules of professional responsibility governing attorneys.

Also, an attorney general or city attorney may act on his or her own initiative

without a formal complaint (T.C.A. § 8-47-101-102). The officer must be removed

from office if found guilty (T.C.A. § 8-47-120).

The Greenville Parks & Recreation Advisory Board are not the "legislators" (the City Council is in this instance) responsible for enacting or restricting rights, each as a private citizen could give an opinion, but in their "official" capacity, they have no right to attempt to effect the outcome of a legislative issue, and in fact are precluded from doing so by State Law.

Edited August 2, 2009 by Worriedman

[pegasusrider]

Butch Patterson is the paid director of the parks and recreation dept. Roger Woolsey is the county attorney, not the city attorney. I am not sure if the board receives compensation for their services, but Patterson is a paid employee of the Town of Greeneville. Since the newspaper article doesn't say otherwise, shouldn't he have abstained from voting as a conflict of interest?

town of Greeneville, TN Website, Parks and Recreation

Edited August 2, 2009 by pegasusrider

[pegasusrider]

Greeneville Mayor And Aldermen

Mayor Laraine King

423-639-7105

Alderman Sarah Webster

423-638-7006

Alderman W. T. Daniels

423-639-2626

Business 423-639-5111

Recently elected:

Alderman Buddy Hawk

No info yet

Alderman Keith Paxton

Business Phone - 423-639-9800

Owner of Little Top Drive In. It might help send a message if you patronize his business and let him know your position.

This is an updated list of the aldermen as the town website has not been updated since the recent election.

[Worriedman]

Notice, that the TSSAA retracted their statement about the Spring Fling situation in Murfreesboro, they originally threatened to pull the event from that location unless the local governing authority "opted out".

I am not a lawyer, but I can read, and the T.C.A. clearly states that if a "public servant" attempts to deny a Right, they are in violation of the law. The ability to "opt out" is given to City and County Governing bodies, not advisory boards. Members can give all the opinions they want as private citizens, but not in the performance of their "official duties".

[pegasusrider]

I've forwarded the info on to some people, just have to wait and see what they can do with it. Regardless, the mayor or aldermen more than likely will bring it up anyway. It's small town politics.