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Response About Property Assessor Mitchell from his attorney

Jun 09, 2025 at 09:49 pm by WGNS


Franklin, TN - Attorney William S. Carman, Sr. has issued a formal statement in response to Rutherford County Mayor Joe Carr's call for the resignation of Property Assessor Rob Mitchell amid an ongoing dispute over property assessments. Carman, who represents Mitchell, aims to clarify media misstatements and address concerns surrounding the State Board of Equalization's findings regarding property appraisal errors. His statement underscores Mitchell’s position that the Assessor’s Office operates independently and does not take directives from the county mayor.

Carman brings extensive expertise to the matter, having served as Director of The Comptroller's Division of Property Assessments for Tennessee and as past President of the International Association of Assessing Officers (IAAO). He holds the Certified Assessment Evaluator (CAE) designation, the highest credential in the field, signifying expertise in mass appraisal theory, valuation principles, and assessment administration.

The dispute stems from findings that Mitchell’s office had an 11.3% error rate in property assessments, exceeding the allowable 5% threshold. The Tennessee Comptroller's Office has since stepped in to correct the inaccuracies.

This legal response marks a significant development in the ongoing debate over property assessment practices in Rutherford County.

Attorney's Statement Re: Property Assessor Mitchell

(Note: Since this is a legal statement, it is presented in its unedited form)

I am required by Supreme Court Rule to represent my client zealously, and I shall do so with attention to the fundamental principle of fairness, what we are witnessing is not fairness, it is a deliberate campaign to prejudice the public against an honorable public servant who deserves due process.

I want to make clear the structure and independence of the Assessor's Office that my client serves, as an independently elected constitutional officer, the Assessor's Office does not take directives from the County Mayor. The Tennessee Constitution establishes the Assessor as an independent office, elected directly by the people of Rutherford County to serve their interests in property assessment matters.

The citizens of Rutherford County elected my client to serve as their Assessor, just as they elected Mayor Carr to serve as their Mayor. Each office has its distinct constitutional role and responsibilities, and the independence of these offices is fundamental to our system of government.

This matter is not something that should be litigated in the court of public opinion through what can only be characterized as deliberate political theater. Complex legal and administrative issues require proper channels and due process, not half-truth public statements designed to convict an honorable public servant without due process.

As Abraham Lincoln wisely observed, 'a half-truth is often the biggest lie of all ', Mayor Carr's public statements represent exactly this type of deception, possessing actual knowledge of critical facts while deliberately failing to disclose them to serve what appears to be a political agenda.

The fact that Mayor Carr has willfully omitted from his public statements is that a petition for judicial review has been filed in the Chancery Court for Davidson County, Tennessee, which is an essential element of due process. This petition includes comprehensive factual, statutory, and case law authority challenging the State Board of Equalization's findings. Mayor Carr has record notice of this appeal, yet has deliberately chosen not to inform the public of this crucial information.

This deliberate omission appears designed to deceive the public into believing that the matter is settled when, in fact, it remains under active judicial review. The finding of non-compliance by the State Board of Equalization is, by law, subject to judicial review, and that review process is currently underway through proper legal channels. It is not a proven legal fact that the State Board of Equalization's findings or rulings are correct.

While the state has referenced 251 alleged errors in the assessor's office operations, the specific nature of these claimed errors has not been shared with Rutherford County. Furthermore, the accuracy and validity of these alleged findings have not been independently verified or determined to be correct. We believe that transparency and due process require that any allegations be properly substantiated and subject to appropriate review before final determinations are made.

The question must be asked, "should a county mayor elected by the same people who elected the assessor of property make official statements of disrespect against the assessor and flood the media with his determinations as if he alone has the power of issuing a final order during the appeals process"? The answer is unequivocally no.

Mayor Carr's conduct raises serious ethical and legal considerations about the appropriateness of an elected official using half-truth public statements to attack another elected official. His actions appear to be those of someone acting like a spoiled child who is impatient for what he wants, rather than a responsible public servant who respects due process and the independence of other constitutional offices.

Mayor Carr has used half-truths in an attempt to convict an honorable man without due process,to have in one's possession actual knowledge of a critical fact, the pending judicial review, and to fail to disclose that critical fact is an absolute half-truth, arguably deliberately omitted for a foul purpose.

The effect of half-truth public statements, delivered by a county mayor with an apparent political agenda, creates an atmosphere of prejudice against an honorable public servant who deserves the same due process protections afforded to all citizens. This conduct is particularly troubling when it comes from an elected official who should understand and respect the legal processes that govern our system of government. The attacks are promulgated under the color of office should concern citizens greatly.

This appears to be a willful attempt to deceive the public and destroy an elected official through irresponsible rhetoric and incomplete public statements. Such conduct is unbecoming of any elected official and represents a failure of ethical leadership.

There is not and it is not alleged that there has been a willful or negligent failure to comply with state law regarding the assessor's duties in Rutherford County.  What is not at question is Mayor Carr's willful failure to provide complete and truthful information to the public he serves instead of using his office for political motives; to obstruct my clients constitutional authority and interfere with the smooth operation of a constitutional officer's duties.

Mayor Carr you must stop with the half-truth, irresponsible rhetoric and wait for the final order. You are acting like a spoiled child who is impatient for what he wants, rather than a responsible public servant who respects the rule of law.

My client is an honorable public servant who has been elected by the people of Rutherford County to serve their interests. He will not be intimidated by political theater or half-truth attacks that seek to undermine the independence of this constitutional office. He remains committed to serving the taxpayers of Rutherford County with integrity and will continue to fulfill the duties of the office to which he was elected, while allowing the proper legal processes to determine the facts of this matter.

Despite these inappropriate political attacks, my client has full faith and trust in our judiciary and administrative officials at both the state and local levels. He is happy to follow any directives that the appropriate state offices provide through proper legal channels and has done so. The citizens of Rutherford County deserve to have these matters handled professionally and according to established legal procedures, not through public statements that may contain incomplete information designed to prejudge the outcome.

As we move forward, I ask that all parties involved in this matter respect the legal process and allow the appropriate judicial and administrative bodies to review the facts and make determinations based on complete information and proper legal standards. The taxpayers of Rutherford County deserve nothing less than a fair, complete, and professional resolution of these matters.

 

William S. Carman, Sr.

Attorney for Assessor Mitchell

 

 

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