After first hearing in December a lawsuit between Loudon
County Mayor Rollen “Buddy” Bradshaw and General Sessions
Court and Circuit Court Clerk Lisa Niles that dates back to
2014 related to a request for additional employees and
salary increases in her department, Chancellor Frank V.
Williams III voided a judgment issued in March.
Both parties met with Williams on Friday at Loudon County Courthouse in hopes of determining whether Niles would be granted $57,000 in raises to current employees. Included in the $57,000 was a 2 percent raise to cover retroactive pay during the two previous fiscal years.
“The next step is a new trial where we set a trial date
and get the witnesses ready and do again what we did in
December,” Joe Ford, attorney for Bradshaw, said. “This
will happen from time to time where a new trial is
granted, and it’s happened here. The issue should be
substantially narrow since we have already tried the
case once. But the effect of the new trial is to vacate
the current judgment, so as we sit here today the
previously made judgment isn’t anymore. That judgment is
vacated, and we’re going back to court for him to make
another judgment.
“... It’s my opinion based on what the chancellor said
is that he wanted to get the judgment right and to do
that he wanted the entire case retried,” Ford added.
Tenry said he believes Williams decided to restart the
case to “make sure the record is clear before his ruling
becomes final.”
During a hearing in January at Morgan County Courthouse,
Williams requested legal documentation showing Niles’
request for increases for all current employees under
her supervision, although Niles outlined her requests in
the original lawsuit.
“I will touch base with Mr. Ford and Mr. (Kristopher)
Frye next week and see if we can’t get a trial date
during the Chancellor’s next Loudon term, which I
believe is in August,” Tenry said in an email
correspondence. “I wish we could resolve the matter
before then, but I won’t know what the county’s position
is in that respect until I’ve talked further with Mr.
Ford.”
During Friday’s hearing, Ford contested that Williams
should consider amending salaries to be more aligned
with those in surrounding counties by dropping the
starting pay to $24,000 instead of $25,500. Included in
a motion to alter or amend the judgment from Ford’s
office was information about four counties similar to
Loudon.
The motion argued that Williams’ ruling stipulated a
higher starting salary than in other counties. According
to the motion, the starting salary in Roane County was
$23,345 and $24,000 in Monroe County. The salary in
Blount County was $24,840. The only county listed higher
than Loudon was Jefferson at $26,000.
The starting salary for court employees in Loudon County
is $20,800.
The evidence provided by Niles was not substantial
enough to warrant additional money, Ford argued.
“It’s well-documented that I’ve made countless efforts
to work with the county on sensible resolutions outside
the courtroom, but obviously compromise is a two-way
street,” Niles said. “The chancellor made it clear in
his previous ruling that our request for more staff and
higher salaries is warranted, and there’s simply no
evidence to refute that. That’s why I don’t understand
why the county hasn’t settled this matter two years ago
or didn’t settle it two years ago. The Chancellor
Williams’ decision today was one that he felt was
necessary.”
Bradshaw said he was “surprised” about the new trial.
“But I certainly respect the chancellor’s desire to get
this right,” he said. “And I understand (him) saying he
wants to get this right, and he wants to make sure it’s
100 percent (right), and I certainly respect that
decision.”
In Williams’ memorandum opinion issued in December, he
ruled in favor of Niles to add more deputy clerks and
funding future employees. The four new employees
included a deputy clerk and bookkeeper at a salary of
$32,000 per year and three deputy clerks at $25,500 per
year.
“There’s no way around what happened today,”
Commissioner Van Shaver said. “She had a victory in her
hand and the greediness — the just unmitigated
greediness that I got to have more — she lost it all,
she lost it all. Her employees now won’t get a raise
another year because of her. Now this will be three
years in a row her employees have not gotten a raise
because Ms. Niles will not settle this thing.”
Shaver said if Niles would have been granted the
additional money, he believes the county would have
needed to increase property taxes by 2 cents.
“She’s cost this county an absolute ridiculous fortune
in money for absolutely nothing,” Shaver said. “All the
— what are we talking about now, $100,000-$150,000 in
legal fees we’ve probably spent so far? Gone. I mean
that’s a waste. That’s gone.”
Per a motion from Tenry, the requested adjustment in
raises would have equaled a 13.6 percent increase in
Niles’ annual office expenditures for deputy clerk
salaries.
In a previous interview in March, Loudon County Budget
Director Tracy Blair said the county had spent $38,730
in the current fiscal year on legal fees related to the
case. Last fiscal year, Loudon County spent $17,744.
Niles said she would be willing to settle outside of
court.
“As I’ve said all along, I’m willing to compromise so we
don’t have to go through this again,” Niles said.