Chancellor Frank V. Williams III has ruled in favor of
General Sessions Court and Circuit Court Clerk Lisa
Niles’ attempt to get additional deputy clerks and more
funding for existing and future employees.
A memorandum opinion was issued Dec. 29 by Williams. The judge stated evidence ruled in Niles’ favor for four new employees, including one deputy clerk/bookkeeper at a salary of $32,000, along with three deputy clerks at $25,500.
Retroactive pay covering the annual 2 percent raise
over the past two previous fiscal years will also be
required. Niles will be entitled to recover any
legal fees issued during the case, according to the
document. Costs are taxed to the county. Per the
memorandum opinion, Niles can start new employees at
a lower pay and then make “graduated increases” in
their salary based upon ability and performance for
improvement, so that the county would not actually
incur entire costs for these salaries on any given
year.
“The 2 percent raises, we knew that the whole time,”
Commissioner Van Shaver said. “The only reason her
employees haven’t gotten their 2 percent raises is
because she wouldn’t sign the salary agreement. So
you’ve got two budget cycles now where her employees
haven’t received any raises.”
Shaver said the previous Loudon County Commission
offered Niles two additional employees, which she
rejected.
“If you remember the previous commission before we
got in had given her two,” Commissioner Henry Cullen
said. “So she’s got a net gain of two people. She
doesn’t have to start them at $32,000 or $25,500 the
way I read it. They may start new employees at a
lower pay and make gradual increases in salary based
upon their performance and ability as an incentive
for further improvement. ... I think that’s more
than fair.”
Williams’ ruling did not allow Niles to receive a
blanket raise for all her employees.
“I can’t argue with the
Chancellor Williams’ ruling,” Cullen said. “I think
he was more than fair to the county, and she didn’t
get the blanket raises for all her employees.”Williams
heard both parties representing Niles and Loudon
County Mayor Rollen “Buddy” Bradshaw on Dec. 10.
Niles was represented by Knoxville-based attorney
Zachary Tenry, and Bradshaw was represented by
Loudon attorney Joe Ford.
“It’s how they go,” Bradshaw said. “I met with Joe
Ford this morning and we’ll meet with him again,
and, of course, I’ll start talking to commissioners
and plan on meeting with chairman (Steve) Harrelson
this afternoon or tomorrow and we’ll just move
forward.”
Bradshaw said the next step will be to meet with
Budget Director Tracy Blair to start “putting some
numbers together” and then go before Loudon County
Commission.
“I’ll probably just bring it up and see what
questions we have and hope to hammer some of those
out,” Bradshaw said. “It may even end up in a
special called (meeting) if there’s any specific
questions we need to address.”
Bradshaw said it was too early to say whether
Williams’ ruling would require a property tax
increase. One possible solution could be to go
through the budget to see if any other changes could
be made, he said.
“That’s one of the things we’re going to have to
look at, and we’ll have to get a good look at the
fee increase, which was actually enacted last year
to kind of get a rough estimate of where it’s going
as well,” Bradshaw said.
The ruling is effective during this fiscal year, he
said, and plans are to get the ruling “worked out”
sometime in January. “That’ll give us time to get
our numbers together and just see where we’re at
exactly,” Bradshaw said.
Shaver said even though Williams did not rule 100
percent in the county’s favor, he considered “this
was about as much as in our favor as we could have
gotten.”
“That’s going to be a real problem for me the fact
that we’ve got to pay her legal fees for her to have
gotten what she could have gotten without going to
court,” Shaver said.
Niles declined comment until given the go-ahead by
her attorney. Tenry and Ford could not be reached
for comment.