County responds to lawsuit filed by Board of Education
Updated on December 8, 2023.

On Thursday, November 30, the Smith County Commission filed a brief in support of their motion to dissolve the temporary restraining order obtained without mandatory notice by the Board of Education. (SEE PDF BELOW)
Within the 29-page brief, the County states that “This lawsuit was improvidently (and apparently illegally) brought, and is a (double) waste of taxpayer funds by the Board of Education, which most certainly has unclean hands… The lawsuit is also substantively meritless.”
The brief is broken into three main sections:
- The Plaintiff’s Complaint is substantively meritless. The County Commission engaged in lengthy public deliberation, following extensive public comment on this very subject, following input by members of the Board of Education, the Director of Schools, and even the BOE attorney, and even a presentation by the Tennessee Comptroller of the Treasury personally, as well as the Comptroller’s staff, and voted in a regular public meeting by a supermajority to adopt the 1981 Act.
- The Board of Education lacks standing, and further has unclean hands by violating the Open Meetings Act in filing this lawsuit.
- The Court should never have issued an ex parte restraining order, and the Board of Education intentionally violated the law by seeking it.
See the full brief below.
The first hearing for the case was held on Friday, December 1 in chancery court. At the hearing on Friday, Chancellor C.K. Smith ruled that the Financial Management Committee could resume meetings and partially lifted the temporary restraining order filed by the Board of Education.
The next time the case is set to appear in court is on December 28-29, 2023 in Lebanon.
The next meeting of the of the Financial Management Committee will be held at the Smith County Chamber of Commerce on December 14, 2023 at 5:00pm.
Following the court appearance, Smith County Jeff Mason released the following statement:
“We are pleased that Chancellor Smith allowed us to move forward with the December 14th meeting of the Financial Management Committee created as part of the implementation of the Financial Management Act of 1981. We believe that attorneys Danny Rader and Jeremy Hassler presented a firm case that no wrongdoing was done by the Smith County Commission and that the Commission acted well within their rights to vote to implement the 1981 Act at its October 9th meeting. This suit is a waste of taxpayer dollars and the need to defend the commission for doing the job that the people of Smith County elected them to do will create more unnecessary spending. We look forward to this being behind us soon and moving forward with the plan to bring more transparency, efficiency and effectiveness to Smith County Government.”
Smith County Insider contacted the Board of Education on Tuesday evening, December 5, for comment. They responded at 8am on Friday, December 8, at 8am. Director of Schools, Barry Smith and the Board of Education released the following statement:
Director Barry H. Smith and the Smith County Board of Education are pleased that the Court agreed with the Board of Education that an open meetings act violation likely occurred depriving the parents, taxpayers, and Board of Education employees the opportunity to know the facts and ramifications of what was being done behind closed doors. The granting of an injunction preventing the County from moving forward with the new taxpayer funded position of finance director is the first step to allow voters and taxpayers to have input on this important decision. This injunction would also give the commissioners the opportunity to do the right thing and present this issue to the taxpayers and voters by referendum as allowed by law instead of county government forcing it upon the citizens.
Meeting Notice: Special-called meeting of the Smith County Commission – November 27

A special-called meeting of the Smith County Commission will take place on Monday, November 27, 2023, at 7:30 pm at the Smith County Chamber of Commerce.
LIVE Coverage of the meeting will be available on Smith County Insider’s Facebook page.
See a copy of the agenda below:
Smith County Board of Education files lawsuit and restraining order against County and Board of Commissioners

On November 17, the Smith County Board of Education filed a lawsuit and temporary restraining order against the Smith County Board of Commissioners, Smith County Mayor Jeff Mason, and Smith County, TN. The lawsuit follows the recent adoption of the Financial Management Act 1981 by the County Commission on October 9, 2023.
The Smith County Director of Schools, Barry Smith, and several members of the Board of Education attended the October 9, 2023 meeting of the Smith County Commission to voice concerns about adopting the Financial Management Act 1981. Click here to view the full meeting.
According to the lawsuit, the Board of Education alleges that the county violated the Open Meetings Act by not giving proper public notice of meetings and that certain members of the county commission met and/or deliberated privately regarding the county finance structure and the adoption of the Financial Management Act of 1981.
The restraining order filed by the Board of Education against the County and Commissioners temporarily prevents the county from proceeding with the establishment of the County Department of Finance and taking further action in implementing the vote taken on 10/9/23 in relation to the Financial Management Act of 1981.
See below a copy of the full lawsuit and the restraining order:
Smith County Financial Management Committee holds first meeting

The Smith County Financial Management Committee met on November 2nd, 2023. Over 20 members of the community including board of education members attended the meeting.
The Financial Management Committee includes the following: Jeff Mason, Barry Smith, Mickey Barrett, Greta Kirby, Erika Ebel, Cordell Smith, and Justin Mauldin. The first order of business at the meeting was assigning positions within the committee.
The meeting began with public comments.
The committee elected Justin Mauldin as chairman of the board. Cordell Smith was elected as vice-chairman. Staci Bush was appointed as interim secretary until the financial director can take over.
The committee discussed the requirements and review process to decide on a financial director. It was decided at the meeting to table the above so the committee can research further.
The next meeting will take place on November 16th at 5:00pm in the small meeting room of the Smith County Ag Center.
U.S. Rep. Rose Appointed to Serve on House Financial Services Agriculture Committees

Thursday, January 12, 2023, U.S. Representative John Rose (TN-06) was appointed to serve on the House Financial Services Committee, on which he has served during his previous two terms in Congress. The prestigious Financial Services Committee is one of the four top-tier or “A” committees in the House, and has jurisdiction over banking, insurance, financial markets, securities, housing, international trade and finance, and monetary policy.
Rep. John Rose (TN-06) released the following statement:
“It is an honor to be selected by my fellow Republicans in the House Republican Conference to continue serving on the House Financial Services Committee for a third term,” said Rep. Rose. “Republicans have our work cut out for us as we strive to hold rogue Biden Administration officials and agencies accountable and roll back costly, intrusive, and burdensome regulations decimating small-town banks utilized by everyday Tennesseans. Make no mistake, Biden Administration officials like Securities and Exchange Commission (SEC) Chair Gary Gensler and Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra will appear more frequently before the committee than under previous leadership to testify on their regulatory actions. We will hold them accountable and ensure they are not harming consumer credit and capital markets.”
Chairman Patrick McHenry (NC-10) released the following statement:
“I’m proud to welcome all of our new and returning members to the House Financial Services Committee under Republican leadership,” said Chairman McHenry. “From oversight of the Biden Administration, to enhancing capital formation opportunities, to developing clear rules of the road for digital assets—we have a lot of work to do. I have no doubt these Members from across the conference and country will provide invaluable insight to accomplish these goals. The talent and real-world expertise of this group is an embarrassment of riches and I look forward to working with them to deliver on House Republicans’ Commitment to America.”
Background: The House Republican Steering Committee has the responsibility of recommending Members of Congress to serve on certain committees before the full Republican Conference and the full House of Representatives vote on the assignments at a later date. A list of Members on the steering committee can be found here.
On Thursday, January 17, 2023 U.S. Representative John Rose (TN-06), a lifelong farmer and former Tennessee Agriculture Commissioner, was appointed to serve on the House Agriculture Committee.
Rep. John Rose (TN-06) released the following statement:
“The opportunity to serve on the House Agriculture Committee is a privilege and the fulfillment of a dream that extends back to my time in the blue corduroy jacket as a student member of the Future Farmers of America,” said Rep. Rose. “As Congress looks to pass the farm bill and conduct oversight of President Biden’s Department of Agriculture, I am hopeful that my experience as an 8th-generation family farm owner will be beneficial to our nation’s farmers, ranchers, foresters, and producers.
Chairman Glenn “GT” Thompson (PA-15) released the following statement:
“I welcome this diverse group of legislators to the House Committee on Agriculture for the 118th Congress. It’s imperative we hit the ground running through a rigorous hearing schedule, listening sessions, and aggressive oversight. I look forward to working closely with my colleagues as we put forward commonsense solutions that provide certainty for rural America.”
Background:
The House Republican Steering Committee has the responsibility of recommending Members of Congress to serve on certain committees before the full Republican Conference and the full House of Representatives vote on the assignments at a later date. A list of Members on the steering committee can be found here. Representative Rose received a waiver from the steering committee in order to simultaneously serve on the House Committee on Agriculture and the House Committee on Financial Services.
U.S. Representative John Rose is currently serving his third term representing Tennessee’s Sixth Congressional District and resides in Cookeville with his wife, Chelsea, and their two sons, Guy and Sam. The Sixth District includes Cannon, Clay, Cumberland, DeKalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, Sumner, Trousdale, Van Buren, and White counties as well as portions of Davidson, Scott, Warren, and Wilson counties. Representative Rose is an eighth-generation farmer, small business owner, and attorney.
U.S. Rep. John Rose’s Recent Statements on the Election Speaker Kevin McCarthy and Start of his own New Term

U.S. Representative John Rose (TN-06) recently released the following statement regarding the election of Kevin McCarthy (R-CA) as Speaker of the U.S. House of Representatives for the 118th Congress:
“From the first ballot to the 15th ballot, I was proud to vote for the proven conservative, endorsed by President Trump, Kevin McCarthy, for Speaker. I am confident Speaker McCarthy will do an exceptional job leading the new Republican Majority in the House as we work to: hold the Biden Administration’s out-of-touch agenda accountable, reign in Washington’s reckless deficit spending that has caused runaway inflation, restore America’s energy independence, bring back open debate to restore the American People’s voice in the People’s House, investigate the Biden family’s shady business dealings, and tirelessly work to secure our southern border. I assure the people of Tennessee that I will keep a watchful eye on Speaker McCarthy, and if he veers from the conservative principles the American people demand and expect, he will be held accountable.”
After being sworn into office on January 7th to serve as the U.S. Representative for Tennessee’s Sixth Congressional District in the 118th Congress John Rose said:
“It is an extreme honor to take the oath of office to continue serving the people of Tennessee’s Sixth Congressional District in the U.S. House of Representatives. As Republicans are sworn into the majority in the U.S. House, I am optimistic about the opportunity to enact policies that encourage job growth, fight inflation, defend our borders, protect law enforcement, preserve our constitution, and hold Washington accountable to the American people,” said Rep. Rose. “I am also thrilled to welcome my new constituents from East Nashville, Van Buren County, and portions of Scott and Warren Counties. I thank you for again trusting me to represent your voice in Congress.”
U.S. Representative John Rose is currently serving his third term representing Tennessee’s Sixth Congressional District and resides in Cookeville with his wife, Chelsea, and their two sons, Guy and Sam. The Sixth District includes Cannon, Clay, Cumberland, DeKalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, Sumner, Trousdale, Van Buren, and White counties as well as portions of Davidson, Scott, Warren, and Wilson counties. Representative Rose is an eighth-generation farmer, small business owner, and attorney.
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December 2022 Meeting of the Smith County Board of Education
The Smith County Board of Education met at 5:00 p.m. on December 13, 2022.
Subscribe to Smith County Insider’s YouTube channel to stay up-to-date on meeting coverage, business spotlights, video features, and more!
The Smith County School Board meets on the third Tuesday of each month at 5:00 p.m. at the Smith County Board of Education, located at 126 Smith County Middle School Lane in Carthage, Tennessee.
All meetings are open to the public and streamed live at https://www.facebook.com/smithcountyinsider/.
December 2022 Meeting of Smith County Commission
The Smith County Commission held its December meeting on the evening of Monday, December 12, 2022.
Thanks to Powell & Meadows Insurance Agency for sponsoring the live broadcast of this meeting.
Subscribe to Smith County Insider’s YouTube channel to stay up-to-date on meeting coverage, business spotlights, video features, and more!
Commission meetings are held in the General Sessions Courtroom of the Smith County Jail and Courts Facility, located at 322 Justice Drive in Carthage.
All meetings are open to the public and are streamed live at https://www.facebook.com/smithcountyinsider/.
Governor Lee’s bus tour makes stop in Gordonsville

Governor Bill Lee visited Smith County on Monday, November 7, as part of his “Tennessee Works” campaign bus tour.
Lee was joined on the tour by Lt. Governor Randy McNally and Speaker of the House Cameron Sexton. Congressman John Rose, State Representative Michael Hale, Smith County Mayor Jeff Mason, and several other local elected officials were in attendance. Nearly 100 supporters and guests were present.
State Representative Michael Hale said, “It was huge for the 40th District to have the Governor and Speaker of the House to stop in for a visit on their bus tour, along with Congressman John Rose. Of all the places they could have chosen, they selected the 40th District as one of their stops. I think that speaks volume for our communities and that great things are ahead for our District. We were honored to have them in Gordonsville.”
Mayor Jeff Mason commented that, “We are extremely proud and honored to have the Governor’s bus tour make a stop in Smith County. Smith County is blessed to have a set of state and federal representatives that align with our Smith County values and represent them in their current offices. It truly does matter in these current times that we live that we continue to elect good Godly, conservative, small government leaders.”
This was the second time Governor Lee visited Smith County in 2022.



November 8, 2022 Smith County Election Results

Voters had the opportunity to cast ballots in a variety of races during the November 8, 2022 Election, including Governor, US House, TN Senator, TN House, Carthage Mayor, Carthage Alderman, Gordonsville Alderman and several more.
Polls were open from 7:00 a.m. to 7:00 p.m., and voters had the opportunity to vote early from October 19-November 3 or by absentee ballot.
Below is a PDF of the election results for the November 8, 2022 Smith County Primary.
Use the up and down arrows at the top and bottom of the PDF to scroll between pages.
8 of 8 Precincts have reported, including early and absentee votes
November 2022 Meeting of the Carthage City Council

he Carthage City Council held its monthly meeting on Thursday, November 3, 2022, at 6:00 pm.
Several items were discussed. Watch the full meeting below.
Thanks to Smith County Animal Clinic, Teresa’s Gifts and Casey Elrod for Carthage City Council for sponsoring Smith County Insider’s live broadcast of this meeting.
Subscribe to Smith County Insider’s YouTube channel to stay up-to-date on meeting coverage, business spotlights, video features, and more!
The Carthage City Council meets at 6:00 p.m. on the first Thursday of each month at Carthage City Hall, located at 314 Spring Street in Carthage, Tennessee – 37030.
All meetings are open to the public and streamed live at https://www.facebook.com/smithcountyinsider/.
Everything Voters Need to Know for the Nov. 8 Election

Secretary of State’s Tre Hargett wants Tennessee voters to have the information they need before heading to the polls for the Nov. 8 State and Federal General election.
Tennesseans can access voter-specific Election Day information, including polling times, locations, sample ballots, election results and more, on GoVoteTN.gov or the Secretary of State’s free GoVoteTN app. The GoVoteTN app is free in the App Store or Google Play. On Election Day, polls in all 95 counties open at various times. A list of when polling locations open is available on GoVoteTN.gov. All polls close at 8 p.m. EST/7 p.m. CST.
Casting your ballot in the midmorning or midafternoon may shorten your time. Early morning, noon and after 5 p.m. are peak times as people typically vote before work, after work or on their lunch breaks. If there is a line to vote, frail, physically disabled or visibly pregnant voters can request to move through the process faster.
To cast a ballot, voters need to bring valid photo identification. A driver’s license or photo ID issued by the Tennessee Department of Safety and Homeland Security, Tennessee state government or the federal government is acceptable even if it’s expired. A student ID or out-of-state driver’s license is not acceptable. For more information about what types of IDs are permitted, visit GoVoteTN.gov or call 1-877-850-4959.
State law requires polling locations and areas within a 100-foot boundary of the entrance to remain campaign-free zones. The display or distribution of campaign materials and the solicitation of votes for or against any person, party or question on the ballot within this area are prohibited. Voters wearing campaign-related clothing or paraphernalia will not be allowed within the 100-foot boundary.
Tennessee voters are encouraged to report possible voter fraud or misinformation to the Secretary of State’s Division of Elections. Tennesseans can text ‘TN’ to 45995 to use the new Text to Report Voter Fraud system or call the Official Election Day Hotline toll-free at 1-877-850-4959.
The Secretary of State’s office will post minute-by-minute unofficial results on their Twitter accounts @tngovelection, @tnushouse, @tnsenategen, @tnhousegen and @tnconstamend. The Secretary of State’s office will also post unofficial election results on their website, elections.tn.gov.
A comprehensive report of early and absentee by-mail voter turnout by county with comparisons to 2018 and 2014 from the 14-day early voting period, which ran from Wednesday, Oct. 19, to Thursday, Nov. 3, is available on GoVoteTN.gov.
For the latest information about Tennessee elections, follow the Secretary of State’s social media Twitter: @SecTreHargett, Facebook: Tennessee Secretary of State and Instagram: @tnsecofstate.
For more information about the November 8 election, visit GoVoteTN.gov or call the Division of Elections toll-free at 1-877-850-4959.
Tennessee Works Bus Tour stops in Gordonsville, TN

The Tennessee Works Bus Tour will stop in Gordonsville TN on Monday, November 7th at 1:30 p.m. Governor Bill Lee, Lieutenant Governor Rand McNally, State Representative and house speaker, Cameron Sexton and Candidate for State Representative Michael Hale will be participating.
The Bus Tour will stop at the Timberloft at 470 Gordonsville Highway, Gordonsville. This is an opportunity to meet candidates and officials prior to Tuesday, November 8th Election Day.
October 2022 Meeting of Smith County Commission

The Smith County Commission held its March meeting on the evening of Monday, October 10th 2022.
You can watch the full meeting below.
Thanks to Powell & Meadows Insurance Agency for sponsoring the live broadcast of this meeting.
Subscribe to Smith County Insider’s YouTube channel to stay up-to-date on meeting coverage, business spotlights, video features, and more!
Commission meetings are held in the General Sessions Courtroom of the Smith County Jail and Courts Facility, located at 322 Justice Drive in Carthage.
All meetings are open to the public and are streamed live at https://www.facebook.com/smithcountyinsider/.
Smith County Insider candidate forum led by SCHS Journalism held on October 17, 2022
Smith County Insider is partnered with the Smith County High School Journalism Class and the Smith County Chamber of Commerce to host a candidate forum on Monday, October 17, 2022 at 6:00pm.
The event will took place at the Smith County High School auditorium and will be moderated and led by JR Smith and SCHS journalism student, Ephraim Rodenbach.
All candidates that will appear on the November 8, 2022 ballot were invited to attend and participate in person. All candidates received to letters in the mail with the invitation.
Below is a list of the candidates that attended:
- John Rose – US House or Representatives
- Michael Hale – State Representative
- Steve Babcock – Carthage Mayor
- Cole Ebel – Carthage Mayor
- Sam Gray – Carthage Alderman
- Jessica Klaus – Carthage Alderman





























