Ken Jakes files civil service complaint against Whittemore of Farmers Market for willfully violating rules

Ken Jakes, a citizen activist who has observed the disregard for established rules at Nashville's farmers market, has filed a civil service complaint against the acting director. So far he has been ignored. This, unfortunately, is representative of how government often views the public with contempt and chooses which rules will be obeyed and which will be ignored.

Rule of law is an important principle and a feature of democratic societies. It will be interesting to observe if Mayor Karl Dean, our former Law Director, believes in the rule of law or thinks he gets to select which rules are enforced. 

Quite frankly, I approve of the sale of wine at the farmers market. I love my adult beverages, especially wine. However, this issue is not about whether or not one wants wine sold at farmers market but whether or not we will follow established rules. If the Farmers Market administration wants to allow wine sales and wants to sell wine at the farmers market, they should change the rules.

Below are Ken Jakes' emails calling for disciplinary actions against Nancy Whittemore, the acting director of the farmers market:

From: "Ken Jakes"
To: mayor@nashville.gov, Councilmembers@nashville.gov, "Nancy Whittemore" , 
Sent: Sunday, April 21, 2013 1:30:21 PM

Subject: Re: SUPERVISOR / : Disciplinary Actions for Nancy Whittemore.

Mr. William H. Farmer, Chairman of the Civil Service Commission,

I am forwarding this civil service complaint to you to file on my behalf as a citizen and taxpayer of Davidson County against Ms. Nancy Whittemore. Please review the forwarded complaint. If there is a complaint form for me to fill out please contact me and I will act immediately to file with you.

Thank you,

Ken Jakes

From: "Ken Jakes"
To: mayor@nashville.gov, Councilmembers@nashville.gov, "Nancy whittemore" ,  (and numerous others)
Subject: SUPERVISOR / : Disciplinary Actions for Nancy Whittemor.

Mayor Karl Dean,

I sent this complaint to you to file a citizens complaint for violation of Civil Service Rules and have listed each rule violated. To date I have not heard a response. It was my understanding that you, as Mayor, are the supervisor of the directors of your administration and it is my understanding that all civil service complaints are to be filed with the supervisor. If I am incorrect please notify me as to whom to file this complaint and I will forward it to them.

Thank you,

Ken Jakes.

From: "Ken Jakes"
To: mayor@nashville.gov, "C" , "Nancy whittemore" , (and numerous others)

Sent: Saturday, April 13, 2013 3:12:38 PM
Subject: Disciplinary Actions for Nancy Whittemor.

Mayor Karl Dean, 

 

I am filing with you, as a taxpaying citizen of Nashville-Davidson County, a complaint against employee Nancy Whittemore. She is your administration's Acting Director of the Nashville Farmers Market. By the Rules and Regulations of the Board of the Nashville Farmers Market it is the responsibility and duty of the Director of the NFM to see that the rules and regulation of the Board are obeyed and enforced. 

 

I have documented to Nancy Whittemore on numerous occasions that the NFM was in violation on Rule G (2) "No Alcoholic beverages or any controlled substance in any form shall be consumed, kept, bought, or sold in any kind of containers at any stall, or location on the Farmers Market Premises."

 

 Furthermore I have documented through your administration's police department, by complaint case number 13-345544, that Nancy Whittemore, having been made fully aware of the Board Rule  G (2), willfully and intentionally permits alcohol to be sold on the market premises and is thus continuing to violate the NFM Board's rule.

 

I file this complaint under the Metro Civil Service Rule 6.7 numbers 1, 2, 5, 10, 11 and 12.  It is my opinion that you. as the leader in charge of our city, hold the responsibility to enforce disciplinary action.. Should you need me to sign a complaint form, please let me know. Below are the civil service rules cited:

SECTION 6.7 - GROUNDS FOR DISCIPLINARY ACTION

The following constitute grounds for disciplinary action:

1. Neglect or failure to perform official duty.

2. Deficient or inefficient performance of duties.

5. Neglect or disobedience to the lawful and reasonable orders given by a supervisor.

10. Violation of any provision of the Metropolitan Charter or any written Executive or Administrative Orders.

11. Violation of any written rules, policies or procedures of the department in which the employee is employed.

12. Violation of any of the rules or regulations of the Metropolitan Civil Service Commission.

If you need me to sign affidavit and have it notarized please let me know.

Ken Jakes.