Greenback appoints interim city

Greenback appoints interim city attorney as questions loom about former mayor's tenure

Greenback Mayor Dewayne Birchfield has hired a new city attorney following the resignation of former attorney James Scott amid a tumultuous transition of power between Birchfield and former Mayor Tom Peeler.

Melanie Davis, of Kizer & Black Attorneys PLLC in Maryville, will serve as the city’s interim attorney. Davis joined Kizer & Black in 1995 and has been a partner since 2007, the firm’s website states.

Davis has represented the city of Maryville since 1999 and has more than 20 years of experience in the fields of municipal law, contract law and other relevant fields.

While she would not comment further at the time of publication of this story, Davis confirmed she has been appointed to the position.

The decision comes after some current aldermen clashed with Birchfield on the appointments of positions vacated by supporters of Peeler and in the midst of legal questions surrounding actions by the city government.

As a Tennessee Comptroller of the Treasury inquiry seeks to determine the adequacy of public meeting notices and public records handling in the city of Greenback during Peeler’s 44 years in office, Birchfield is working to determine the legality of various actions by the former mayor.

“I just want to get stuff on track and know where we’re starting,” Birchfield told The Daily times earlier this month. “But after more than 40 years, I just keep finding something new every time I walk in the door.”

Fire department property donation

Most recently, Birchfield is questioning the legality of a property donation made by Peeler the day after he reportedly left office.

According to quitclaim deeds notarized by Southeastern Title & Abstract Co. Inc., Peeler deeded two pieces of property to the Greenback Volunteer Fire Department, of which he on Dec. 28 and his son-in-law are both members.

According to witness and interim City Recorder Deborah Bowman, Tom Peeler resigned as mayor Dec. 27.

“Oh yeah, I got (to the mayor’s office) and (Peeler) was there and had opened up,” Bowman told The Daily Times on Dec. 27. “He sat on the desk and read a legal pad of things (Birchfield) needed to know and they got in an argument about the recorder position. ... Peeler shook (Birchfield’s) hand and congratulated him on being mayor and gave him the keys.”

Bowman also said Peeler added her and Birchfield to the city’s bank account that day.

Peeler also told The Daily Times on Dec. 14 that he and his wife and then-City Recorder Norma Peeler would be resigning effective Dec. 27.

Still, the two properties off Morganton Road and Woods Drive, one surrounding the fire department’s current building and the other neighboring the city’s recreation center, were deeded by Tom Peeler, acting as mayor of Greenback, on Dec. 28.

Land wanted for building

Volunteer Fire Chief Ronnie Lett told The Daily Times that the time frame was appropriate because Peeler was still mayor until the end of the year.

“No no no. He was mayor until the 31st,” Lett insisted. “... and if the (notary) thought there was an issue in him signing it, they would have said so.”

Moreover, Lett says the property is irrelevant because “nothing will change” as far as public use is concerned.

“I’m planning on building a building because I’m out of room,” Lett said. “It’s a bottom-line thing. We aren’t going to change anything, but I’m going to build a building of some kind. I don’t know what kind or when but a building.”

Lett said he had not talked to a contractor or engineer about the building because he wanted to wait until the property was secured by the department before planning how to use it.

Lett also told The Daily Times that the donation of property had been discussed in the past three meetings of the Greenback Board of Mayor and Aldermen and had been unanimously approved, so it was irrelevant that Peeler was on the board.

Discussed and deferred

According to minutes from the Aug. 14, 2018, board meeting, the property was briefly discussed but action deferred due to questions for the state.

“Tennis courts are now obsolete and we are waiting on the state so we can (sell) the property to the fire department,” the agenda item reads. “This was discussed and put off for later.”

No discussion or action was taken on the property at the Sept. 11, 2018, meeting of the board. While the property was brought back up in October, no specific figures or plot descriptions were included in the minutes.

“Mayor told the council he was working on the problem concerning extra property to the fire department for a new building,” the minutes read. “The original idea for property behind the fire hall was cancelled and mayor told council the new idea was to deed the parking lot and roadway behind PPAW (Spay and Neuter Clinic) to the fire department and some additional property behind the fire hall for a new storage building.”

According to the meeting minutes, the state continues assessing the tennis courts.

Board meetings canceled

Alderman Delmar Davis then made a motion to “accept the plan” orally presented by Peeler, and the board voted unanimously. As Peeler canceled both the November and December board meetings after losing his re-election campaign, there was no further discussion by the board about the plan before Peeler signed the deeds in question.

Alderwoman Robin Blankenship, the ex-mayor’s daughter; Peeler; and former Alderwoman Polly Evans did not return several requests for comment. The Daily Times was unable to reach Alderman Johnny Walker.

Delmar Davis, the only remaining official at the meeting, told The Daily Times he “could not remember” anything about the decision made regarding the property.

In a text message, Birchfield told The Daily Times that he and Melanie Davis are meeting to discuss the property next week, adding his displeasure about the situation.

“The city doesn’t have a building to store our equipment in,” Birchfield said. “So why give away what land we have without something in return?”