With a lawsuit between General Sessions and Circuit
Court Clerk Lisa Niles and Mayor Rollen “Buddy” Bradshaw
looming on the horizon, the Loudon County Budget
Committee on Monday recommended the current level of
funding in the court clerk offices, even though Niles
requested $252,000 more for the upcoming year for salary
increases and additional employees.
Bradshaw indicated he was advised by the University of Tennessee County Technical Assistance Service to approach this year’s budget as he would any other budget cycle.
“CTAS said to treat it just like last year had been
adopted,” Bradshaw said.
In a lawsuit against the county filed eight months
ago that essentially rejected the county’s approved
funding plan for her office, which provided a total
of about $888,000 for the two court offices, Niles
asked for six additional deputy clerks to assist in
the court system, along with raises for all 17 full-
and part-time staff members in her employ at the
time of the suit.
This past fall, Niles and the committee attempted to
broker a deal to avoid litigation, but the committee
in early October rejected a compromise agreement
that would have provided two new staff members with
a starting salary of $27,000 and raises amounting to
$98,500.
As part of legal proceedings, committee members
Kelly Littleton-Brewster, Henry Cullen, Van Shaver
and Steve Harrelson, all of whom sit on Loudon
County Commission, have depositions set for next
week.
City of Loudon attorney Joe Ford, who is
representing Bradshaw in the case, and Niles’
attorney, Zach Tenry, could not be reached for
comment.
In her funding request for 2015-16, Niles wanted
$427,000 for Circuit Court, up $52,000 from the
current fiscal year, and $725,000 for General
Sessions Court, an increase of $199,000 from
2014-15.
Shaver said given the time span between now and when
the lawsuit was initially filed, he didn’t see the
urgency in Niles’ request for more staff.
“She refused to sign the salary agreement because
she knew she was going into this legal battle, and
exactly how she could be in such a hurry — this
whole lawsuit thing is set up to be, ‘You know, my
office is struggling. I don’t have enough help.
They’re (employees) not paid enough money. We can’t
get our work done.’ This is nine months after she
filed the lawsuit. ... It’s hard to come to the
conclusion that there’s a lot of problems there if
they’ve still been able to operate.”
Shaver made a motion to approve the 2014-15 budget
for Circuit Court with no changes.
Littleton-Brewster seconded.
Cullen asked whether the county stands to lose the
full $250,000 if the lawsuit against the county
moves forward.
“We don’t know,” Shaver said, noting the county was
in a “no-win” situation.
“Whatever move we make is going to become a part of
the discussion in the legal action. Whatever we do,”
Shaver said. “If we offer her more now, well, that’s
a clear indication that we’re admitting she doesn’t
have enough help. If we don’t give her enough help,
that’s a clear indication we’re not even trying to
help her resolve” the issue.
Bradshaw considered offering at least one additional
employee for Niles’ department as a way to try to
avoid further litigation. “I just think the lawyers
are getting rich,” he said. “I don’t want to throw
the white flag up either.”
“What would even the white flag be?” Shaver
responded. “Short of offering her everything she
asked for in the lawsuit, we’ve got to assume she
wouldn’t take it.”
The budget committee voted 4-0 to adopt the 2014-15
Circuit Court budget, with Bradshaw abstaining.
Bradshaw made a motion to provide Niles’ office with
two employees that were allocated as part of the
2014-15 General Sessions funding plan plus an
additional employee. The vote failed 3-2, with
Littleton-Brewster, Shaver and Harrelson voting
against.
A measure to approve funding for General Sessions as
outlined in the 2014-15 budget was also approved
4-0, with Bradshaw abstaining.