Oak Ridge Today

Fritts: Ouster statute does not apply to Anderson County law director

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Chuck Fritts, Myron Iwanski, and Dusty Irwin

Anderson County Commission Chair Chuck Fritts, left, is pictured above with commissioners Myron Iwanski, center, and Dusty Irwin. Citing an opinion from the County Technical Assistance Service, Fritts on Wednesday said the ouster statute does not apply to the Anderson County law director, the defendant in a controversial ouster suit.

 

The ouster statute does not apply to the Anderson County law director, the defendant in a controversial ouster suit, Anderson County Commission Chair Chuck Fritts said Wednesday.

Law Director Jay Yeager is essentially a county employee rather than an official, and the ouster statute doesn’t apply to him, said Fritts, citing the opinion of a legal consultant at the University of Tennessee’s County Technical Assistance Service in Nashville.

Citing the CTAS opinion, Fritts said the petitioners who brought the ouster suit against Yeager should pay the legal costs if they lose. The county could pay Yeager’s legal fees if the ouster suit fails or is thrown out of court.

In an opinion sent to Fritts on July 29, CTAS Legal Consultant Stephen Austin said the Anderson County law director is a county employee and not a county officer.

“Accordingly, the ouster statutes are not applicable to the law director,” Austin said. Yeager made a similar argument in a July 11 motion to dismiss filed in Anderson County Chancery Court. [Read more…]

Letter: Anderson County Commission needs wake-up call

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Anderson County is a wonderful place to live and work. Our economy should easily out-perform Knox County’s. Yet, we consistently fail to do so—and our County Commission seems to be asleep. Between 2000 and 2010, Anderson County grew at only 41 percent of Knox County’s growth rate. That’s unacceptable.

Over the next decade, Anderson County taxpayers will pay close to $2 million in salary and medical/dental/retirement benefits for its county commissioners. The commission needs to get focused and get busy. Our economy was dealt a significant blow when the commission opted for an expensive jail expansion. Commissioners could have sought support from a newly-elected Republican governor for more time to resolve jail overcrowding through less-costly administrative means—but did not. Instead, they chose the jail expansion, ignoring its impact on our taxes and our economy.

The commissioners made a second error when they passed the jail expansion without dealing with the new jail’s increased operating costs. This mistake drove jail costs even higher and raised the real possibility of a second tax increase. Thankfully, a second increase was prevented by the efforts of Mayor Frank. [Read more…]

Letter: Two greatest tasks—protecting taxpayers’ purse, public services

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To the Editor:

When “how things are” and “how things can be” come together, growth occurs. However, not acknowledging “how things are” denies the opportunity for growth.

I wish to speak to you as if we were face to face. Whether you may agree with what I say or not, you will know that I am speaking from my heart. I want to talk about Oak Ridge because it is something that I am personally very passionate about.

The scientific achievements from Oak Ridge are extraordinary, with some of the best research in the world developed here. I am very proud of Oak Ridge and our contributions to the world. Whether exploring the deep structure of matter or the genetic code, our scientists are leading the way. But, we must confront the hard truth that we can no longer count on the federal government to carry us through. For decades, we have been avoiding this and other avenues of development. We’re starting to make progress but still have a long way to go. We need to create a balanced economy that will provide prosperity and economic security for the people of Oak Ridge and Anderson County. [Read more…]

Letter: Scott would provide ‘strong voice, positive change’ on County Commission

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Theresa Scott

Theresa Scott

To the Editor:

I am writing to extend my support of Theresa Scott for County Commission for District 7, which includes Highland View, Pine Valley, and Glenwood precincts.

Although I do not live in Ms. Scott’s district, I am certain she will represent and work hard for all of Oak Ridge as one of our county commissioners. Through her years of employment, she brings extensive paralegal, management, and financial experience that qualifies her to deal with many issues that our commission faces.

Other candidates have touted the fact that they are “from and/or live in Oak Ridge” as making them more qualified. I believe the fact that she chose to purchase a “B” house in Oak Ridge while employed in Knoxville 10 years ago is evidence of her dedication to our city and county. Theresa continues to reside in that same house.

Theresa does not just “talk the talk,” she also “walks the walk” through her many volunteer involvements in our community. She has been very active in the city’s neighborhood Watch Program; our Secret City, Lavender, and Earth Day festivals; and the huge Cedar Hill Park rebuild project, just to name a few. [Read more…]

Letter: Rice wants to cut taxes, recruit high-tech jobs, push for tourism

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Kevin Rice

Kevin Rice

To the Editor:

I am Kelvin Rice, your candidate for Anderson County Commission District 7. My parents M.L. and Mary Sue Rice moved to Oak Ridge in 1943, and I was raised on Georgia Avenue. As a lifelong resident of Oak Ridge, I have enjoyed being a part of America’s Secret City.

I attended Cedar Hill, Elm Grove, and Jefferson Junior High School. I graduated from Oak Ridge High School in 1979. I previously worked at Armstrong Rubber Company as a drop mill operator and then went to Atlas Van Lines as a truck driver. I have served our community as a reserve deputy at the Anderson County Sheriff’s Department and have served on the Anderson County Jail committee.

I now serve on the Anderson County Beer Board. I enjoy volunteering as our Neighborhood Watch block captain and serve as the district leader for the Watch Group in the Jackson Square area. Trying to stay involved in many areas of our community, I am a member of the Oak Ridge Quarterback Club, Football Boosters, and the Underage Drinking Task Force.

One of the main goals I will strive toward as your next commissioner is to cut taxes. I would encourage our city and county to recruit high-tech jobs, encourage small businesses to locate in our area, and push for tourism that would not only benefit our restaurants and businesses but would also help our hotel industry. The tourism in the city and county is abundant; added attractions would be beneficial to the city in many ways. [Read more…]

2014 Election: Commission candidates talk ouster, taxes

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During a forum earlier this month, a half-dozen Oak Ridge candidates running for Anderson County Commission said they support the county’s law director, the defendant in a controversial ouster suit, while four others said they are reserving judgement.

A few candidates said the county’s property tax rate ought to be lowered, while others argued that officials have done a good job of holding the rate as low as possible.

Several agreed that the county needs to work on attracting more jobs, affordable housing, and retail.

All five of the incumbents seeking re-election in Oak Ridge’s three County Commission districts face challengers in the August 7 election. Voters will elect two commissioners in each district.

The most crowded race is District 7, where incumbent Jerry Creasey is seeking re-election but Commissioner John Shuey is not. There are six candidates in that race. Besides Creasey, they include Jimmy Bouchard, Mike Marsh, Denny Phillips, Kevin Rice, and Theresa Scott.

District 7 includes the Glenwood, Highland View, and Pine Valley voting precincts in Oak Ridge. [Read more…]

Letter: Biloski has skills necessary to be effective in District 8

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“What lies behind us and what lies before us are tiny matters compared to what lies within us” was a philosophy that we were fortunate enough to have instilled within us growing up with Robin Biloski, our mom.

Even today, 35 years after Brian was born, there is never a moment when we see our mom sitting down and taking it easy. She has always embraced every new day and hit the ground running, trying to make our community a better place and our dreams come true.

When Mom first told us, more than a decade ago, that she intended to run for public office, we thought she lost her mind. As an avid volunteer with numerous organizations ranging from the League of Women Voters to S.A.R.G. and the Humane Society, to organizer of our school’s talent show, dance recitals, and A.C.A.C. events, Mom instilled in us her passion and commitment to community service. She is always willing to get involved in causes she believes in, but also gets behind ours as well. She has never failed to roll up her sleeves and get to work making friends wherever she went. We were fortunate and blessed to have her as a stay-at-home mom, and when she started branching out and demonstrating her professional success outside of the “Biloski household,” she exceeded every expectation that we had set for her. Her confidence and desire to help everyone provided us with a role model and the honorable distinction of knowing the only woman on Anderson County Commission for the past two terms. [Read more…]

Letter: Biloski served well, urges voters to re-elect her

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To the Editor:

I am honored to again be the treasurer for Robin Biloski’s campaign to be re-elected to the Anderson County Commission.

In her previous three terms, she has served us well, as the citizens of Oak Ridge and Anderson County.

I urge voters to re-elect her so that she can continue to serve us with her active concern for the very best for our communities.

Paul Spray

Oak Ridge

2014 Election: Mayoral candidates ‘bicker’ over tax hikes, lawsuits

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Anderson County Mayor Debate

The three candidates for Anderson County mayor are pictured above at a debate moderated by radio talk show host Hallerin Hilton Hill, left. Starting at center, the three candidates in the August 7 mayoral election are Terry Frank, the incumbent and a Republican; Democrat Jim Hackworth; and Independent Bradley Rickett.

CLINTON—She’s attacked him over a 24-year-old tax hike. He’s blasted her over lawsuits and turmoil in the Anderson County Courthouse.

The two candidates, Anderson County Mayor Terry Frank and her challenger, Jim Hackworth, will face off in the August 7 election.

Frank, a Republican, was first elected mayor in a special election in August 2012. Now she is running for her first four-year term.

Hackworth, a Democrat, is a former state representative and Anderson County commissioner.

The two have battled in forums, on radio shows, and through ads and flyers. Their political squabbles have largely ignored the third candidate, Independent Bradley Rickett. [Read more…]

Irwin: Frank may have to hire commission attorney in Yeager ouster suit

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Chuck Fritts, Myron Iwanski, and Dusty Irwin

Anderson County Commissioner Dusty Irwin, right, has proposed a special meeting to possibly repeal an approved motion made last week by Commissioner Myron Iwanski, center, that covers legal fees for current and former county employees in the ouster suit filed against Law Director Jay Yeager. Also pictured is Anderson County Commission Chair Chuck Fritts.

 

Jay Yeager and Terry Frank

Anderson County Mayor Terry Frank, right, and Law Director Jay Yeager have been embroiled in several high-profile disputes, including over an ouster suit filed in May in Chancery Court.

Irwin says he’s willing to consider options

CLINTON—Anderson County Mayor Terry Frank may be the only person authorized to hire an attorney to represent county commissioners responding to subpoenas or other legal notices filed in the ouster suit against Law Director Jay Yeager, a commissioner said Monday.

That means a motion approved 13-2 by the Anderson County Commission last week might have to be repealed, said Commissioner Dusty Irwin, whose district includes Norris and Andersonville. That motion allows each commissioner to hire their own attorney and bill the county, Irwin said.

He said his recommendation this week is based on his interpretation of state law and attorney general’s opinions. He’s called for a special meeting to repeal last week’s motion by Commissioner Myron Iwanski, who represents part of Oak Ridge and is former interim county mayor, and consider a new motion that asks Frank to find and hire an attorney to replace Yeager in the case.

“Although I am no lawyer, the attached seems clear that the commission cannot authorize or hire legal counsel in the absence of a law director, and our law director (Jay Yeager) has stated to the commission that he cannot represent or advise us on the ouster suit he is currently involved in,” Irwin said in a Monday e-mail forwarded to commissioners and the media. “Also, it appears to me that only the the county mayor can perform this hiring action and that the commission may only approve the expenditure by a majority vote.”

It’s not clear if other commissioners will agree. Iwanski was unavailable for comment Tuesday morning. [Read more…]

County officials urged to hire attorneys in ouster suit as legal fees rise

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Jay Yeager and Lynn Byrge

Anderson County Law Director Jay Yeager, left, the defendant in an ouster suit filed by a group of residents, is pictured with Lynn Byrge, one of the petitioners, during a Monday morning Anderson County Commission meeting.

 

Note: This story was last updated at 10:06 a.m. July 22.

CLINTON—The legal fees in a few high-profile disputes between top Anderson County officials could approach a half-million dollars, and Anderson County commissioners should all seek their own legal counsel in an ouster lawsuit filed against the law director, stunned commissioners were told Monday.

Subpoenas have already been issued in the ouster suit, and several officials, including a few County Commissioners, have reportedly received letters asking them to waive their attorney-client privilege.

Anderson County Commissioner Myron Iwanski, who is former interim mayor, said some of the records he’s been asked to provide go back 10 years, and some of them are personnel records. Iwanski said he needs legal representation because he doesn’t want to disclose anything improper, a mistake that could lead to another lawsuit.

“It’s about trying to do what’s right for the county,” Iwanski said.

He said former Anderson County Jail Administrator Avery Johnson has also been served with a subpoena and will need legal representation.

“This is just the start of the legal battle,” Iwanski said. [Read more…]

Anderson Commission Chair Fritts seeks re-election

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Chuck Fritts

Chuck Fritts

Chairman Chuck Fritts is seeking re-election to the Anderson County Commission, representing District 1. District 1 includes the Bull Run and Claxton precincts.

“It has truly been an honor and a privilege to represent the residents of District 1 on the Anderson County Commission,” Fritts said in a press release. “I take very seriously the trust that you have placed in me, and it is my desire that you will allow me to continue to serve you and, working with my fellow commissioners, to move Anderson County forward.”

First elected in 2002, Fritts said he brings valuable experience, knowledge, and leadership to the Anderson County Commission and has worked hard to represent the residents of District 1.

“He has taken this position very seriously and has worked long hours to do the job he felt he was elected to do,” the press release said. “He is not only well-known throughout Anderson County, but also throughout the state of Tennessee.” [Read more…]