Letter to the Editor: Confirmed or Not Confirmed; That is the Question

After recent months of controversial decisions by new Zoning Officer, a question was raised by County Commissioner Grantham at the January 23, 2024, commission meeting.  Mr. Grantham inquired as to whether Jim Pierce had been “confirmed” by the county commission, a requirement by state law and the zoning resolution.  The discussion was forwarded to the County Clerk to provide documents to verify if the confirmation has ever taken place.

Mr. Pierce was employed by the county in the Fall of 2022 and took over as Zoning Compliance Officer.  Mr. Pierce has no zoning experience or training.  State law (TCA 13-7-110) grants counties the authority to “enforce” their zoning ordinance by hiring a “building commissioner” and spells out the duties and powers of the position.  The county zoning resolution titles this position as the “Zoning Compliance Officer”.

Since this position has “policing powers”, the State mandates “appointment” by the county mayor AND “confirmation” by the County Commission.  This is a “one man police force” in regard to Zoning.  Historically, when personnel have been hired for this position; vetting, term limits and annual salary has been discussed and set during the “confirmation” process at county commission meetings.  Mr. Pierce is the 6th person to serve in this position since zoning was adopted in 1993.

Mr. Pierce’s has held this position for almost a year and a half, yet his name has never been placed on any agenda for “confirmation”, nor in any county Commission minutes. However, his name has been located on a random list in the Clerk’s records from the October 17, 2023 County commission meeting.  He is listed as a “zoning compliance-director”; followed by the list of statutory Board members for the Board of Zoning Appeals and Regional Planning Commission.  Both the BZA and Planning Commission are “statutory boards” and must also be “confirmed” by the County Commission.  A “building commissioner” is not a “statutory board”, nor is this person placed on any “statutory board”.  

Commissioner Wright brought light to multiple lawsuits brought by Mr. Pierce (Zoning Compliance Officer) against citizens for what the Officer perceives as zoning violations.  Some of these citizens have filed an appeal against Mr. Pierce to the Board of Zoning Appeals.

HATCHIE PRESS live-streamed the October 17, 2023 County Commission meeting (1:59:27)

After 18 months of hard “policing” of the Zoning Code and multiple lawsuits being filed, the County Commission has to decide if the mayor properly presented his appointee and if the Commission ever got the opportunity to properly vet, hire and confirm Mr. Pierce to this position.  It certainly appears there was no “appointment” of Mr. Pierce by the mayor; nor any discussion as to “confirm” Mr. Pierce as Zoning Compliance Officer at this Oct 2023 meeting; months after taking the job.

YOU LISTEN; YOU DECIDE …

Submitted by Mike Mitchell

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