After daylong deliberations Thursday between parties
representing Loudon County General Sessions and Circuit
Court Clerk Lisa Niles and Loudon County Mayor Rollen
“Buddy” Bradshaw, Chancellor Frank V. Williams III has
opted to make a decision later this week.
Parties were initially scheduled to appear in court
Thursday and Friday, but a one-day hearing was
sufficient.
“I think it’s went well,” Bradshaw said after the court
hearing. “I think us being able to wrap it up in a
single day, I think that’s advantageous for everyone
involved. Just now it’s kind of a waiting game to see
what Chancellor Williams decides on, and we’ll abide by
that.”
Now that the hearing is over, Joe Ford, legal
counsel for Bradshaw, and Zachary Tenry,
representing Niles, agreed to submit oral arguments
via fax to Williams on Friday morning for his
review.
“Both attorneys are going to submit written closing
arguments by tomorrow morning, and so I think
hopefully by maybe Wednesday or so, hopefully we
will know something,” Bradshaw said.
Niles originally filed the lawsuit in September 2014
to request six new deputy clerks at a base salary of
$31,000 for the fiscal year 2014-15, and pay
increases for all full- and part-time employees
under her supervision. In May, Loudon County
Commission failed to reach a settlement agreement
with Niles that, if approved, would have added four
new positions and a budget increase of $88,000 in
the current fiscal year. The agreement included an
employee base salary of about $24,000.
During Thursday’s hearing, Niles modified her
request from $31,000 to $25,500. She also asked for
$57,000 to adjust the difference for the remaining
employees currently working in her department.
“I have always been willing to negotiate, and I
offered that figure to them — the new budget
committee — back in October 2014 in an effort to
compromise and avoid unnecessary litigation
expense,” Niles said after the court hearing. “The
county decided to force it to trial. I was entitled
to seek higher salaries, and the proof supported
that yesterday, but the right thing to do at that
point was to stand by the compromise that I had
asked for back in 2014.”
County Commissioner Van Shaver said Thursday was the
first time he had heard of the $25,500 request.
“Myself and, of course, Commissioner (Steve)
Harrelson were sitting there,” Shaver said. “...
We’re all looking at each other like, ‘No, we’ve
never heard that.’ It’s been $31,000 from (the)
get-go. She wouldn’t budge from it. Six people and
$31,000 is all we had heard from her. I don’t know
when it changed, and it sounded like Joe Ford was a
little curious about it. I think his statement was,
‘Your lawsuit and what you’re saying here today are
two different things.’ So the budget committee had
never heard the $25,000 number.”
Harrelson attended the court hearing.
“Countywide we’ve got a starting salary right now of
$20,800, so to increase the starting pay just for
her department even at $25,000 or $31,000 is still
out of sync with what we do with all the other
departments,” Harrelson said. “So how can we as a
county commission justify a starting salary for one
department being increased over all the others?
That’s just not fair to all the other employees that
work for the county or the county taxpayers to start
increasing wages like that in one department.”
Harrelson said he felt requesting six additional
employees was not “justified,” noting Niles’
caseload had supposedly decreased over the years.
“I think he (Ford) did a good job of showing that
the request for six additional employees was not
justified,” Harrelson said. “There’s no
documentation to back that request up. There was
evidence put on file with the court that showed
documents that she had presented to the budget
committee showing that her caseloads have decreased
over the years instead of increased. How a person
can say that they need additional employees when
their workload’s decreasing just doesn’t make
sense.”
Ford presented a document showing case filings from
2006-2014. In 2012, the number of Loudon Civil
Circuit filings was 359, followed by 415 in 2013 and
299 in 2014. Similarly, Loudon Criminal Circuit
filings showed 701 filings in 2012, 895 in 2013 and
858 in 2014.
“So the theory is if she needs a lot more employees,
that means our theory is there are a lot more cases
being filed, right?” Ford said. “So, she’s got two
courts — circuit and sessions — and within both of
those courts she’s got two different courts. ... To
say they (case filings) go down is inaccurate. They
go up and down, but they’re relatively flat is the
argument.”
Ford said Williams will decide if the county must
pay the attorney fees for both parties, but he
anticipated that will be the ruling.
According to finance office records, Loudon County
has spent $36,600 so far in attorney and court fees
related to the lawsuit.
“I don’t know of any case where it ever happened
that the county didn’t have to pay them, but there’s
always a first time,” Shaver said.
Tenry could not immediately be reached for comment
by News-Herald deadline.