Director Files Suit, Asks For Removal Of Some Commissioners

The final week in October brought the continuation of an on going battle, only this time the arena has moved from the Jefferson County Commission floor to the legal system. Jefferson County Department of Environmental Director Tom Carter filed suit against the entire Jefferson County Commission and individual Commissioners Beeler, Kesterson, Musick, Solomon, Scarlett, Seal, Tucker, Huffaker, Douglas, Baxley, Bales, Dockery, Carmichael and McGraw.

The suit filed in Chancery Court alleges that on May 19, 2015, the Jefferson County Budget Committee voted to specifically reduce Carter’s salary by $16,887 and eliminated a position in the Environmental Office (Budget Committee Members Beeler, Kesterson, Musick, Solomon, Scarlett and Seal voting Yes)

On June 29, 2015 the Commission as a full body approved the decision to reduce Carter’s salary when they passed the 2015-2016 fiscal year budget, which reflected the cut to Carter’s salary, despite the objections of Carter and Jefferson County Mayor Palmieri. Each of the individuals named in the suit voted in favor of the budget containing the salary cut and Carter’s salary was reduced on July 1, 2015.

Because Jefferson County operated under the County Financial Management System of 1981, the suit contends that it specifically precludes the Commission or its committees from reducing salaries or making personnel changes in County departments. It further contends that each department or official has the authority to hire and set salaries and that the authority of the budget committee does not extend to veto the hiring or dismissal of employees in various County departments, nor to set the salaries or determine the needs of the departments.

While lawsuits involving one or more departments in the County and the County Commission are not rare, and are a relatively common occurrence in government, this particular filing has one rather unique feature. Citing Tennessee Code Annotated 5-21-125, it contends that the County Commissioners that work outside the bounds of the Act of 1981 are subject to, among other things, removal from office. The suit claims that the defendants were aware of the stipulations of the Act of 1981 and refused to take action to rectify their actions and it asks for the removal of Commissioners who voted in favor of the reduction in Carter’s salary. It also asked for all actual damages that were incurred as a result of the County Commission and individual defendants’ action, including but not limited to compensatory damages, damages for emotional distress and mental anguish, humiliation and embarrassment damages and loss of income. Additionally, it requested that Carter be awarded prejudgment interest on all damages awarded, reasonable attorney fees and all litigation expenses and costs, as well as further additional relief that is appropriate.

When questioned about the suit filed by Department Director Carter, Jefferson County Mayor Palmieri stated “ It is tragic that it has come to the point that the County and citizens must shoulder the cost of defending the action of the County Commission and some individual County Commissioners. Personalities and power grabs have no place in County government. When some or all of the County Commission make the decision to overstep the boundaries of their office it is the people of Jefferson County that suffer the most. I have been vocal regarding my position on this issue and believe that actions were taken that are contrary to the Act of 1981. It is unfortunate that it has reached this point but now it is up to the courts to decide.”

There was no response from Attorneys representing Jefferson County at the time of press. However, should they respond, the response will be added as an addendum to this article.