aim ToDo KATIE HAGAN HAGAN & TODD ATTORNEYS ATLAW 214 SECOND AVENUE NORTH SUITE 205, WASHINGTON SQUARE BUILONG NASHVILLE, TENNESSEE 37201 TEL(015)626 911 FAK,615)020:7675, May 12, 2017 Judge Allegra Walker General Sessions Court, Div. IV 408 2° Avenue North, Ste, 4140 Justice A.A. Birch Building Nashville, TN. 37201 Dear Judge Walker: 1 am writing to submit my resignation to you as Magistrate for the General Sessions Environmental Court. ‘This resignation is effective as soon as you are able to find a replacement. It is with profound sadness that I submit my resignation, I submit my resignation not because I believe I have done anything wrong nor that I cannot be Tam submitting my resignation because I believe that the public has an absolute right to feel that their court system is fair and impartial and that recent misleading media reports could call the Court’s fairness into question. During a time when Metro General Sessions Courts have been under continuous attack, I fee! that itis in the best interest of the Court for me to resign. I would like to take this opportunity to state on the record complete responses to accusations that were levied by the media this week as the media has chosen not to provide a full report, Regarding my inability to be fair and impartial because I own short-term rental property: Tam extremely dismayed that members of the Metro Council who have not met me, not spoken to me, nor to my knowledge spent any time in Environmental Court, feel that I cannot be impartial regarding short-term rental property violations because I own short-term rental property. I would have hoped that they would have the common courtesy (0 speak with me directly before going to the me their accusations. ‘When it became evident that short-term rental property violations were coming to the Environmental Court, I spoke with you about my ownership of short-term rental property, and we requested an opinion from the Board of Judicial Conduet whichJudge Allegra Walker May 12, 2017 Page 2 indicated that there was no conflict, I am sure there is an argument to be made that because I own short-term rental property, I would be more likely than not to shut down other short-term rental properties in an effort to gain more business for my properties. ‘This argument seems to make little sense given the demand for short-term rental permits If the Court shut down a short-term rental property the permit would be available for someone else to take, With respect to @ letter which I sent regarding the “transfer” of short-term rental permits: approximately three years ago, before short-term rental cases were in Environmental Court, my wife and [ purchased a home in the Germantown area in an cffort to obtain a short-term rental permit. It was our hope to seek supplemental income for our family. After we closed on the house, it became apparent that there were no short-term rental permits available for that area. Because no permits were available, we requested to be placed on the waiting list for a permit, We were told by a Metro Codes employee that no waiting list existed. ‘This same Metro Codes employee suggested that we contact the permit holders in the Germantown area and inquire if they were not going to renew their permit. The Metro Codes employee actually gave us the list of all the individuals who had a permit in the vicinity of our home. I wrote these individuals a letter asking them to contact me if they ‘were choosing not to renew their permit. I was told by Metro Codes that it was perfectly legal and a common practice for individuals to pre-arrange a “transfer” of a short-term rental permit. Because no waiting list existed, the person secking the permit would appear with the person turning in the petmit and obtain their permit once it was available, To be clear, I was not told that permits were “transferable.” Clearly, in the common legal sense of the word they are not. It was my error to use the term “transferable” in my letter, After sending the letter, I was approached by a permit holder who offered to sell me their permit in the above-described fashion — appearing with them at the Metro Codes office when they turned in their permit. 1 declined the offer due to the fact that neighbors in the area had expressed their discontent with additional short-term rental permits. Respecting their wishes, I did not pursue the available permit and sold the house.Judge Allegra Walker May 12, 2017 Page 3 Regarding our failure to post a short-term rental permit on our website: in October of last year, my wife and I purchased two homes in the Nations area for the purpose of establishing short-term rental properties. We obtained the short-term permits, In February of this year, five months after we obtained our permits, Metro Council amended the short-term rental permit ordinance requiring that short-term rental permits be posted on websites, Ignorance of the law is no excuse. We were in violation, and we have since corrected the violation. While it may be a moot point as I will no longer be the Environmental Court Magistrate, I did advise the Metro Legal Department that I felt that it would be unfair to prosecute short-term rental permit holders for not having their permits posted online if they obtained their permit prior to that requirement. I suggested the Codes Department send a letter to permit holders, who obtained their permit prior to the code being amended, placing them on notice of the new requirement, There you have it, Iam sure the media will report my resignation occurred as a result of their “investigation,” Be that as it may, I wanted to set the record straight as the media only chose to report certain aspects of the story. Again, my resignation is in no way an admission that I did not, nor could not, serve as the Environmental Court Magistrate impartially. ‘The media’s portrayal of the ‘events could cause the public to have doubts in the fairness of the Environmental Court if T remain on the bench. I want fo avoid that at all costs, It has been my honor and privilege to serve as the Environmental Court Magistrate for the past 10 years. The members of the Codes Department, Animal Control and others who enforce the Metropolitan Codes in Environmental Court are dedicated, hard-working and under-appreciated people. I appreciate your confidence in me while ‘you have been on the bench and regret any inconvenience my decisions and resignation may cause you, Sincerely, HAGAN & TODD: Co fave? Jim Todd