Oak Ridge Today

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That means a motion approved 13-2 by the Anderson County Commission last week might have to be repealed, said Commissioner Dusty Irwin, whose district includes Norris and Andersonville.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…]

Anderson mayor used lawsuit agreement to settle scores, sheriff says

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Anderson County Detention Facility Expansion

The salary dispute between the Anderson County mayor and sheriff focused on the spending to hire up to 36 new jailers to staff a 212-bed expansion that is still under construction at the Anderson County Detention Facility in Clinton.

CLINTON—He had reserved comment until a judge signed an order resolving a staffing dispute, but then Anderson County Sheriff Paul White accused Mayor Terry Frank of using a lawsuit agreement to try to settle perceived political scores—and he came to the defense of the two county officials that Frank attacked Friday.

“Sheriff White regrets that Mayor Frank has used the settlement of the salary suit, which (she) could have used as an event to set a more civil tone in Anderson County politics, as an opportunity to attempt to settle perceived political scores with Law Director Jay Yeager and Anderson County Commissioner Myron Iwanski,” the sheriff said in a Monday afternoon press release, after the lawsuit order had been signed by Knox County Circuit Court Judge Dale Workman. “Sheriff White cannot express how much he believes that Director Yeager and Commissioner Iwanski are decent and selfless public servants and that the people of Anderson County are lucky to have such competent and dedicated individuals working for the efficient operation of their government. [Read more…]

Mayor, sheriff reach agreement on salary suit, but war of words follows

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Anderson County Detention Facility Expansion

The salary dispute between the Anderson County mayor and sheriff focused on the spending to hire up to 36 new jailers to staff a 212-bed expansion that is still under construction at the Anderson County Detention Facility in Clinton.

CLINTON—The Anderson County mayor and sheriff reached an agreement Friday that could end their five-month-old legal dispute over an annual salary agreement, possibly closing one expensive and contentious chapter in local government even as it opened a new war of words between top officials.

Knox County Circuit Court Judge Dale C. Workman could sign the agreement Monday morning.

Anderson County Mayor Terry Frank and Sheriff Paul White said the agreement allows the sheriff to hire 15 full-time permanent deputies and additional temporary deputies when the sheriff deems appropriate as he prepares to open a 212-bed jail expansion. But the hiring must stay within the spending limit approved by the Anderson County Commission this year, and the temporary employees cannot work more than six months.

Terry Frank

Terry Frank

Frank and White announced the agreement in a one-page press release distributed Friday. The case had been scheduled to be heard in Knox County Circuit Court on Monday morning. [Read more…]

AC Commission to consider sheriff’s salary suit in special meeting

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Anderson County Detention Facility

A legal dispute between the Anderson County mayor and sheriff largely revolves around funding to hire enough jailers to staff a 212-bed jail expansion at the Anderson County Detention Facility in Clinton. (Photo courtesy Anderson County Sheriff’s Department)

Information from WYSH Radio

After failing to discuss the ongoing legal dispute between the Anderson County mayor and the Anderson County sheriff last month, the County Commission will take the matter up during a special-called meeting at 6:30 p.m. today (Wednesday).

The meeting could include a closed-door executive session during which commissioners are expected to hear an update from Law Director Jay Yeager on the status of the salary suit filed by Sheriff Paul White against Mayor Terry Frank over her refusal to sign his salary agreement for this fiscal year. The salary dispute is scheduled for a hearing on Dec. 9 before Knox County Circuit Court Judge Dale Workman.

Some commissioners have publicly expressed their concern about the cost of the ongoing legal battle to taxpayers, as both sides have retained outside counsel. [Read more…]

Anderson Operations Committee to discuss solutions to sheriff’s salary suit

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An Anderson County committee will discuss possible solutions to the ongoing legal dispute over Anderson County Sheriff’s Department salaries during a meeting this evening.

The dispute is between Anderson County Sheriff Paul White and County Mayor Terry Frank. Possible solutions will be discussed during an Anderson County Operations Committee meeting at 6 p.m. today (Monday) in Room 312 of the Courthouse.

Other agenda items include the election of a committee chair, consideration of a private act regarding the donation of real estate to nonprofit organizations, an update from Anderson County Law Director Jay Yeager on efforts to get the railroad-owned bridge on Johnson Gap Road re-opened, and the discussion of possible alternate sites for the Glen Alpine convenience center.

Legal fees add up as officials try to ‘stop the bleeding’ in dispute between mayor, sheriff

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Anderson County Detention Facility

Anderson County Mayor Terry Frank and Sheriff Paul White are engaged in a legal fight over a two-page salary agreement that includes, among other things, six months’ worth of funding for 36 new employees at a new jail pod at the Anderson County Detention Facility in Clinton. (Photo courtesy Anderson County Sheriff’s Department)

CLINTON—The legal fees might already exceed $20,000, and they could continue to mount in a bitter dispute between the mayor and sheriff over a $7.7 million salary agreement for the Anderson County Sheriff’s Department.

Efforts to “stop the bleeding”—and avoid extra expenses for Anderson County residents—were unsuccessful after a lengthy, heated debate on Monday night. During that debate, Anderson County commissioners rejected several proposals to cover some legal fees of Mayor Terry Frank in her response to a salary suit filed in July by Sheriff Paul White. Among the rejected options were proposals to pay Frank’s fees so far but no more, capping them at $40,000, or covering all expenses until the matter is resolved.

Frank has refused to sign the salary agreement, saying it includes about $1 million more for salaries and overtime than was approved by commission in June. But the Sheriff’s Department has said the salary agreement is routine and was drafted according to state law, and actual spending will be closer to the $6.6 million approved by the commission as part of this year’s budget. [Read more…]