Gatlinburg city leaders released their responses Tuesday night to dozens of questions submitted by residents seeking information about the city’s response to last November’s devastating wildfires and the ongoing recovery.
Tuesday was the first Gatlinburg City Commission meeting since the board adopted a resolution which changed the public comment portion of their meetings to make future meetings more “positive and productive,” according to Mayor Mike Werner.
Since the devastating fires in November 2016, many people affected by the fires have voiced their concerns, appreciation and questions at the Gatlinburg City Commission meetings.
Before the change, citizens could enter their name and topic at the beginning of the meeting. The new resolution requires speakers to submit their questions, comments or concerns in writing to the city manager no less than five days before the scheduled meeting. The speaker must also state the subject they want to address and limit their comments to that topic.
Many other municipal meetings, such as the Sevier County Commission, have long adhered to similar rules on public comment time and preparation.
On July 4, a group of wildfire victims from both Gatlinburg and Sevier County held a news conference to announce their collective "We The People" letter addressed to Gatlinburg Mayor Mike Werner and the board of Commissioners.
The group said they feel their questions and concerns are being ignored by the city in the wake of the wildfires, and demanded the repeal of the resolution.
The group submitted a list of 40 questions to city officials last week. City staff and commissioners returned their answers during Tuesday’s commission meeting.
"Those answers are wrong. I live in Chalet Village and my one question is why didn't you evacuate all of Gatlinburg and in the answer it says that they did but up in Chalet Village, they didn't," said Gatlinburg Wildfire Survivor Group member Darlene Verito.
Along with answers, Verito wants change.
"We are not here to make anybody's life miserable. We are not here to condemn anybody. What we are here to do is make changes so if this happens again we don't lose 14 lives. If you evacuated all of Gatlinburg, then how did we lose 14 lives?" Verito asked.
Business owner Ryan DeSear also spoke during the meeting.
"I think this is the beginning, it's not the end, it's the first start of an open dialogue between the citizens of Gatlinburg amongst themselves," DeSear shared.
Below are the 40 questions submitted by the Gatlinburg Wildfire Survivors group to the city. Each question is followed by the city’s answer in bold.
Questions from the Community for the City of Gatlinburg
Answers to the July 12, 2017 Questions from the Community to the City of Gatlinburg
1. (for Mayor Werner) It has been reported that after your two dogs escaped your burning home at Greystone Heights, you left them in the shelter for a month. Is this true? Why?
1. This question is personal in nature.
2. (for each Commissioner) Do any of you feel responsible for the deaths or injuries suffered on November 28, 2016?
2. No.
3. (for each Commissioner) Do any of you feel you are responsible for culpable negligence in the deaths or injuries suffered on November 28, 2016?
3. No, we are not aware of any culpable negligence.
4. (for Cindy Cameron Ogle) Is it true you and your husband, Bud Ogle, have been trying to purchase destroyed properties along Baskins Creek Road?
What other destroyed properties are you or your husband trying to purchase?
4. As to the City Manager, no. As to the remainder of the question, this is personal in nature and not related to City business.
5. (for Mayor Werner) As a Christian man, do you feel you owe Genie Brabham an apology for interrupting and criticizing her public comment on June 20th, 2016?
(follow up) Why were you angry with Genie Brabham?
(follow up) Do you feel you are responsible for viewpoint discrimination in your behaviors toward Ms. Brabham on June 20th?
5. No.
6. (for each Commissioner) Do any of you Commissioners conduct any business with city manager Cindy Cameron Ogle, her husband, Bud Ogle, her family or their respective businesses, such as renting or leasing real estate owned by Ms. Ogle or her affiliates? (Note: Commissioner Smith rents from Ogle)
(follow up) Do you believe as a Commissioner that your business relationship with Ms. Ogle or her affiliates is a conflict of interest?
6. As to the City Manager, no.
7. (for Cindy Cameron Ogle) Why did you delegate your responsibilities as Emergency Management Director to Incident Commander and Fire Chief Greg Miller on November 28th, 2016?
(follow-up) Are you aware that, according to the City’s Emergency Operations Plan, there are two levels of responsibility during an emergency, and that you could not delegate your duties as Emergency Management Director to the same person acting as the Incident Commander? The person acting as Incident Commander can not also be the Emergency Management Director.
7. The City Manager did not delegate responsibilities and was present as the Emergency Management Director pursuant to the Emergency Operations Plan.
8. (to Cindy Cameron Ogle) When was the most recent revision of the City’s Emergency Operations Plan?
(follow up) Did the City utilize the Emergency Operations Plan on Nov. 28th?
8. March 2011.
a. Yes.
9. (to Cindy Cameron Ogle) Why is the Mayor of Gatlinburg mentioned repeatedly in Sevier County’s Emergency Management Plan, but the Mayor is not mentioned once in our City’s own Emergency Operations Plan?
9. The portion of this question referring to the Sevier County Emergency Management Plan should be directed to the Sevier County government. Regarding Gatlinburg’s Emergency Operations Plan and due to Gatlinburg’s form of municipal government, the Mayor is not tasked with this responsibility.
10. (to Cindy Cameron Ogle) What responsibilities does the Mayor have during an emergency? Where are those duties of the Mayor described?
10. As previously discussed, none. Per the Gatlinburg Emergency Operations Plan the Mayor does not have any responsibilities or duties in an emergency.
11. (to the Commissioners, specific to Mayor Werner, Vice Mayor Mark McCowan, and Commissioner Don Smith) Do any of you feel you violated any Section of the City’s Charter when you actively campaigned for each other during the 2017 election in May?
11. As previously answered, no.
12. (to the Commissioners) Section 18 of the Gatlinburg City Charter states as follows:
“Neither the City Manager nor any other person in the employ of the City, whether he be a full-time or part-time employee, shall take any active part in or contribute or solicit any money or other thing of value toward the nomination or election of any candidate for election to the Board of Commissioners …”
Section 18 continues:
“A violation of the above shall subject the offender to removal from office or employment and to punishment by fine of not more than Fifty ($50.00) Dollars of each offense.”
Who else in the City of Gatlinburg holds office other than you?
12. As previously stated, Commissioners are not employees of the City.
13. (to the Commissioners) During the 2017 Board of Commissioner elections, did either of you violate Section 18 of the City’s Charter by actively campaigning for either candidate Don Smith or Mark McCowan?
13. No.
14. (to Commissioner Don Smith) Who designed and prepared your postcard campaign for re-election?
(Reference: Postcards were mailed to Gatlinburg residents asking for their vote of Don Smith to the City Commission)
14. This question is personal in nature.
15. (to Mayor Werner) Who asked you to send robo-call recorded messages to Gatlinburg voters on behalf of candidate Don Smith? Who paid for them?
(to all Commissioners) Did any of you donate or contribute any money or any thing of value toward the election campaigns of Don Smith or Mark McCowan?
(to Commissioner Smith) How did you pay for your election campaign?
(to Vice Mayor McCowan) How did you pay for your election campaign?
15. This question is personal in nature.
16. (to Mayor Werner) Did you post on Facebook and other social media sites your endorsement of Don Smith and encouragement for others to vote for Don Smith during the 2017 elections? Why?
16. Yes, exercising my right to free speech and endorsing who I thought to be the best candidate.
17. (to all Commissioners) Other than Mayor Mike Werner and City Manager Cindy Cameron Ogle, did any of your Commissioners lose your homes or other property as a result of the November 28th fires?
17. Yes, another Commissioner lost property.
18. (to Vice Mayor Mark McCowan) Why has the City not held any town hall meetings after the November 28th fires?
(Reference: After one of the city commission meetings, McCowan stated he would encourage other Commissioners to host a Town Hall meeting to address residents’ concerns after the fires. Nothing has happened.)
18. Vice Mayor McCown mentioned to one individual about the possibility of a town hall meeting. However, Vice Mayor McCown did not make a public promise of a town hall meeting and feels like questions have been sufficiently answered to make a town hall meeting unnecessary.
19. (to all Commissioners) Who appointed individuals to the Board of Directors for Mountain Tough Recovery Team? Why was no public announcement made for all interested individuals to apply?
19. The Gatlinburg City Commission was not involved in the formation of Mountain Tough.
20. (to all Commissioners) How much money has the City of Gatlinburg given to Mountain Tough Recovery Team? Why?
20. The cities of Gatlinburg, Pigeon Forge and Sevierville along with Sevier County have each contributed $50,000 to support administrative expenses.
21. (to all Commissioners) Why do employees of the Gatlinburg Convention and Visitors Bureau also work for the Gatlinburg Chamber of Commerce, a non-profit organization?
21. This question should be directed to the Gatlinburg Convention and Visitors Bureau (CVB).
22. (to all Commissioners) Who owns and operates the Gatlinburg Convention and Visitors Bureau?
(follow-up) Who appointed Mark Adams as CEO of the Gatlinburg Convention and Visitors Bureau?
(follow-up) What oversight does the City of Gatlinburg have over the Gatlinburg Convention and Visitors Bureau?
22. This question should be directed to the Gatlinburg Convention and Visitors Bureau. The City has a contractual relationship but no administrative oversight of the CVB.
23. (to all Commissioners) Why were Vicki Simms’ and Jon Elder’s employment with the Gatlinburg Convention and Visitors Bureau terminated earlier this month?
(follow-up) Was Vicki Simms disciplined or terminated for her DUI conviction?
(follow-up) Was Jon Elder terminated for any other reason?
23. This question should be directed to the Gatlinburg Convention and Visitors Bureau.
24. (to all Commissioners) Were all fire hydrants operational and fully functional on November 28th, 2016?
(follow-up) Were any of the fire hydrants “dry” and out of or unable to pump water? Why?
24. Prior to the firestorm, City-owned hydrants within the fire response area were all functional to the best of our knowledge.
a. During the firestorm, which also caused widespread power outages, certain fire hydrants became dry or had a significant loss of pressure. Certain water pumping stations were severely damaged by fire, preventing the pump stations from supplying water to certain hydrants. Additionally, the large volume of water used in the firefighting activities plus the water lost from burned structures significantly contributed to the loss of water available at certain fire hydrants.
25. (to all Commissioners) Why did the City of Gatlinburg assign city employees to protect businesses on the Parkway, churches and banks and not our homes?
25. This is false.
26. (to all Commissioners) When will the City of Gatlinburg’s after-action report be published? Why has it taken this long to complete? Is the City’s report considered punitive in nature (unlike the national park’s)?
26. As previously stated, the anticipated release will be in the fall of 2017.
a. This process was delayed by both the restriction on releasing information to the firm conducting the AAR as well as the time invested in selecting an outside firm capable of performing such a task.
b. No.
27. (to Cindy Ogle) Why did you delegate your duties as Emergency Management Director to Incident Commander and Fire Chief Greg Miller on November 28th?
27. See answer to question number 7.
28. (to Cindy Ogle) Why did the City not evacuate all residents and visitors (not just Mynatt Park and random evacuations) on November 28th, 2016?
28. The City did evacuate all residents and visitors on November 28, 2016 with the exception of those in the far eastern end of the City. We began the evacuation in Mynatt Park area based upon the conditions as well as the information we received from National Park Service personnel. Once we were aware of the deteriorating conditions and the fires spreading into other areas, the evacuation areas increased accordingly.
29. (to all Commissioners) Do you agree with Mayor Mike Werner that we are all better off because of the fire of November 28th, 2016?
29. Mayor Werner’s comment was personal in nature and has, as in many other instances, been taken out of context.
30. (to all Commissioners) To maintain transparency in government, what efforts do each of you utilize when asking the Commission for something that benefits you, your friends, your businesses or your family personally?
30. Every action taken by this Board is intended to benefit the citizens and visitors of the City of Gatlinburg.
31. (to all Commissioners) At the Commission’s last meeting, why did your announcement of the City’s organization of the Fire Victim’s Memorial Committee omit public notice and invitation of the public to participate as committee members?
(follow up) Do you acknowledge your appointment of certain individuals to the Fire Victim’s Memorial Committee and other groups gives the public an appearance of impropriety by the Board of Commissioners? You seem to appoint your friends or people you know, rather than offer such opportunities to the public at large and fire victims, like us. How do you respond?
31. The City Manager merely announced the volunteers who agreed to serve on this committee.
32. (to Cindy Ogle) Why have you not informed all City employees of their rights to speak freely about the fire or other city business without fear of reciprocity, like job termination, pay cuts or being skipped for promotion?
(follow up) Will you send a memorandum or other communication to all City employees advising them of their rights under the federal Whistleblower Protection Act?
32. This is not necessary as it is a standing law.
33. (to all Commissioners) Before the meeting held here tonight, has the Gatlinburg Board of Commissioners voted to censor or otherwise prohibit any questions submitted for presentation tonight?
(follow up) Which questions did the Board censor or prohibit?
(follow up) Why did the Board choose to censor or prohibit these questions?
33. No, the Board could not have voted before the meeting.
34. (to all Commissioners) Do you feel your censorship of any individual’s question presented to the Gatlinburg Board of Commissioners is unconstitutional?
34. There has been no censorship. The only time someone would be censored is if they told untruths or made slanderous statements.
35. (to all Commissioners) Why has the Board of Commissioners cancelled some of its bi-monthly meetings and met less since the November 28th disaster instead of meeting more frequently?
(follow up) What government body meets less after a disaster rather than more?
35. The Commission meets as necessary to conduct City business.
36. (to all Commissioners) Why do any of you feel compelled to serve the City of Gatlinburg as a Commissioner?
(follow up) What’s in it for each of you?
36. This question is personal in nature.
37. (to all Commissioners) Which questions were submitted to you in time for presentation at tonight’s meeting, but were censored, vetoed or refused for presentation by the Board of Commissioners?
37. None.
38. (to all Commissioners) Who helped any of you answer any of the questions presented here tonight?
(follow up) Why was their assistance necessary?
(follow up) How did their assistance change or modify your initial response?
38. Input from various sources.
39. (to all Commissioners) Do you support the First Amendment of the Constitution of the United States of America?
(follow up) Do you support the Tennessee Constitution’s First Amendment?
(follow up) Why would the Board vote to impose restrictions upon the free speech of anyone who wishes to address the Board?
39. The Board supports both the Constitution of the United States and the Tennessee Constitution.
a. The Board has not voted to impose any restrictions on free speech.
40. (to all Commissioners) Do any of you, including any who were absent on June 20th, oppose Resolution Number 939?
(follow up) Do any of you believe Resolution Number 939 limits our free speech?
(follow up) Should those who served our country at war be restricted in what they say or how they wish to address the leaders of the City of Gatlinburg?
40. No.
a. No.
b. No.