The county was no closer to coming to a resolution
Monday over a lawsuit filed by General Sessions and
Circuit Court Clerk Lisa Niles against Mayor Rollen
“Buddy” Bradshaw requesting six additional deputy clerks
and pay increases for all employees in her department,
as Loudon County Commission rejected a settlement
arrangement during a special called meeting that would
have allocated four new positions and a budget increase
of $88,000 in the current fiscal year.
Last month, Loudon County Budget Committee made a recommendation to keep the current level of funding in the court clerk offices for 2014-15.
According to Joe Ford, Bradshaw’s attorney in the
suit, two of the new employees that were part of the
settlement arrangement were previously approved by
the Budget Committee before the current commission
took office last year.
He said he thought the plan was an equitable
arrangement for both sides, as Niles’ lawsuit
requested $210,000 in additional funding for her
offices. He recommended the county take the
settlement deal.
“I think it is a compromise settlement that hits on
our side of the middle between what the budget was
last year and what the lawsuit number is,” Ford
said. “I think it’s a fair settlement considering
what the court will do in this case.”
Ford said that by agreeing to the settlement, the
county could save more than $100,000 in attorney
fees and court costs. “So, it’s pretty significant,”
Ford said. “That’s both side. County Commission will
be responsible for both sides.”
Ford, along with Niles’ legal defense and Bradshaw
were in attendance for a settlement meeting earlier
this month. “I thought the mediation was in good
faith,” Ford said. “I didn’t get the vibe that there
was a negative attitude coming from the other side.
I thought that Lisa negotiated in good faith.”
Commissioner Van Shaver said that he would only vote
for adding new employees and raises in the court
system if a judge forced his hand. “If a judge
decrees that I have to approve something in this
favor, and then we have to raise a property tax to
pay for all of Ms. Niles’ lawsuit, then I’ll have no
choice, but I can’t voluntarily do this, and the
potential tax increase that it may take to pay for
it without the judge saying we have to do it.”
Shaver said he thought Niles’ approach in trying to
secure additional employees for her department
“flies all over what I think’s appropriate for an
elected official to be doing for taxpayers.”
Also as part of the arrangement, Niles’ court
employees would start out at a base salary of about
$24,000. “So, if this agreement is set then all of
her starting people will be starting out at a higher
rate than many current employees make now,” Shaver
said. “That opens up a lot of questions. ... How on
earth would we turn around and reward her starting
salary people, and all the other fee office holders
that didn’t sue us, they don’t get any extra? So,
essentially she is rewarded for a lawsuit, and the
other fee officers holders’ employees are punished
for not taking a lawsuit.”
Commissioner Bill Satterfield anticipated a similar
problem with current county employees. “I don’t see
an easy way out of it for us on either side,”
Satterfield said. “Because if we approve it, I can
see the other departments in the county lining up
with their lawyer and asking for the same thing that
Ms. Niles got.”
Ford said that if the county does not agree to the
terms of the deal with Niles, the two sides will
proceed with the trial process, which is set for
December. A pre-trial conference is scheduled for
August.
When asked if Niles will consider additional terms
if the county does not approve the current
settlement, Ford said, “There are always
possibilities.”
“We would definitely head toward trial at that
point, and at any point one side can make an offer
to the other,” he said.
This past fall, the Budget Committee and Niles
attempted to come to an agreement, but the budget
panel rejected a compromise deal to provide two new
staff members at $27,000 apiece and raises totaling
$98,500. Talks broke down when the Budget Committee
considered adding the new two new employees at a
lower base salary.
“In all fairness to the Budget Committee, they were
trying to settle this thing early to get this thing
done,” Commission Chairman Steve Harrelson said.
“And that sounded good (at) $41,600, but when you
throw that on the table, and she turns around and
walks out the door on you, that just changes the
whole game I think.”
A decision on approving or rejecting the lawsuit
settlement arrangement did not come with a
recommendation from the Budget Committee. Near the
end of full Loudon County Commission meeting,
Harrelson asked multiple times if anyone on
commission wanted to make a motion to approve terms
of the agreement.
The issue was declared dead for lack of support.