Why an ethics committee won't investigate claims against Knox County Commissioner and others
The Knox County Ethics Committee decided Nov. 8 not to investigate an ethics complaint filed against Commissioner Kyle Ward and two others.
The committee originally met Sept. 13 to discuss evidence from the complaint filed in July by Michael Casstevens. The complaint alleged Ward, developer Scott Davis and Board of Zoning Appeals member Garrett Holt were involved in exchanges of gifts to each other.
Ward paid Davis $10 each for two plots of land assessed at over $50,000 apiece, according to deed documents. The complaint alleged Ward essentially received a $50,000 gift - a violation of county code.
Register of Deeds Nick McBride told Knox News the $10 is just a formality typical of that type of transfer, called a quit-claim. In a quit-claim transfer, low-value purchases are used to make legal the purchase, and no money actually changes hands.
Ward and Davis say Ward intends to build a home on the land in the Harrison Springs subdivision near Hardin Valley, which he would then sell. Ward would pay back the value of the land from the sale and keep the rest.
Casstevens added to his complaint Sept. 8, saying Ward and Davis colluded with Garrett Holt, a member of the county’s Board of Zoning Appeals. Ward sought a variance for the home, but two residents and a member of the subdivision’s homeowners association spoke against it.
Ward is not running for reelection, and Holt is running for his District 4 seat.
The ethics committee delayed its decision from September to November to give Casstevens time to present more evidence, but he did not.
"I think what is appropriate at this point ... is that we (move on from this business) just based on the fact that it's just simply not enough for the ethics committee to move forward," Committee Chair Michael Covington said.
What happens next?
Without an investigation, the ethics committee can't do anything more with the complaint. But Covington is still seeking an investigation elsewhere.
On Sept. 25, he filed a complaint with the Tennessee Comptroller of the Treasury's office, which investigates allegations of fraud, waste and abuse by government officials.
He told Knox News on Sept. 26 he's trying to enlist the help of the state comptroller because that office has investigative powers the county's ethics committee does not.
“I have an obligation to the citizens of Knox County to make sure no stone is unturned if a questionable situation arises,” Covington said.
The comptroller’s office does not disclose whether it’s investigating a case. The only way to know if state investigators have taken action is if they refer a complaint for prosecution.
What was the claim against Ward, Davis and Holt?
The complaint is complicated.
Beyond the land's price tag, Holt was the one who moved to grant Ward’s request in his capacity on the board. Ward later withdrew the request.
Ward can still build a home on that land, according to Davis, though it would just be more difficult for him to do so without the variance.
Further complicating the matter is that Holt was nominated to the zoning appeals board by Ward. Holt also is running to replace Ward on the county commission.
Additionally, both Ward and Davis have donated money to Holt’s campaign.
The county's ethics code says an official has to disclose any "personal interest" in voting and nonvoting matters that influences their vote.
The complaint alleges that neither Ward nor Holt properly disclosed their interests.
"If it were forbidden for elected officials to vote on issues affecting their campaign contributors, nearly every elected official in this county would be under investigation," Holt told Knox News Nov. 7.
Allie Feinberg reports on politics for Knox News. Email her: allie.feinberg@knoxnews.com and follow her on X, formerly known as Twitter, @alliefeinberg.
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This article originally appeared on Knoxville News Sentinel: Knox County ethics committee won't investigate commissioner Kyle Ward
