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

Posted at 3:12 am August 7, 2014
By John Huotari 1 Comment

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…]

Filed Under: Anderson County, Government, Top Stories Tagged With: Anderson County, Anderson County Chancery Court, Anderson County Commission, attorney, attorney-client privilege, Chuck Fritts, county employee, county officer, County Technical Assistance Service, CTAS, Dusty Irwin, Jay Yeager, Jim Hackworth, law director, legal fees, Legal Services Advisory Committee, motion to dimiss, Myron Iwanski, ouster statute, ouster suit, private act, special counsel, Stephen Austin, Steve Mead, subpoena, Terry Frank, University of Tennessee

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