Sources at the City County Building have informed me that Pam Strickland filed her sworn affidavit to the District Attorney General against Knox County Mayor Tim Burchett.
Earlier in the week I reported here that Strickland had agreed to and was preparing her filing. Apparently, she agreed do it because McElroy can not do to pressure from his superiors at the Shed and Cincinnati.
My sources indicate that Strickland has copied and pasted newspaper articles as evidence in her filing. Does she not understand the paper is yellow journalism at it's best and worst. My sources indicate that the misspellings and grammar are worse than Stacey Campfield and myself combined.
Sources also indicate that on the front page of tomorrows paper the Big Metal Shed on the Hill will report about Strickland's filing. Is that 4 days after Shock And Awe reported it first?
Strickland will be so proud of herself tomorrow, front page and her regular weakly column all on the bird cage liner.
Pam Strickland missed the filing date by 3 days. Was that on purpose to avoid being liable for breaking a state law on harassing elected officers?
ReplyDelete"Any person who knowingly files a sworn complaint which is false or for the purpose of harassment is subject to civil penalties and is liable for reasonable attorney's fees incurred by a candidate who was the subject of such complaint (T.C.A. 2-10-108(d) )."
Strickland and McElroy are harassing Tim Burchett. So they file late to protect themselves from civil penalties?
The Statute of Limitations doesn't apply in a case of fraud, which I would think is the allegation here, although I haven't see the complaint.
ReplyDeleteAlso that harassment statute would not apply. She isn't knowingly filing a false report or attempting to harass him.
Also, the filing deadline is irrelevant to the statute. It says nothing about relieving yourself of liability if you don't file a complaint on time.
I'm on Tim's side in all of this mess, and I don't think journalists should be filing complaints like this, but let's be sure we are clear about what the law says.
"Also that harassment statute would not apply. She isn't knowingly filing a false report or attempting to harass him."
ReplyDeleteThe Sentinel printed that the deadline was August 5th. Strickland was aware of that. Strickland sent her registered letter August 8th. She did that knowingly. So knew it was past the deadline. That is harassment. Read the statute. The key part is "or for the purpose of harassment".
Why file a frivolous claim? To get your picture in the paper and harass a Mayor you despise? Strickland has written many times about her contempt for Burchett.
Once again, the statute of limitations does not apply if there is an issue of fraud, which is probably what the complaint alleges.
ReplyDeleteAnd regardless, filing a claim late is not in and of itself harassment. Harassment involves a pattern of behavior. If she filed multiple complaints found to be without merit, then she could run afoul of the statute.
Like I said, I'm on Tim's side and think this is all on his soon-to-be ex, but you're argument doesn't hold any water.
I wonder if Pam Strickland is related to Mike Strickland, formerly of the Knox Area Chamber Partnership?
ReplyDelete"And regardless, filing a claim late is not in and of itself harassment."
ReplyDeleteFiling a late claim is harassment. A late claim cannot be acted on. Have you ever read Pam Strickland's comments in her stories? There is a pattern of behavior in her hatred of Tim Butchett for years. You won't see that if you only read the dead tree version.
The statute has two parts. The word "or" is specific. It isn't like the word "shall" in a legal sense.
Also, if the fraud was created by Allison Burchett it doesn't wipe away the second part of the statute. This is simple enough, if the DA kicks Strickland's complaint because it is past the deadline Burchett can pursue both Strickland and the paper.