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…]

DA cites Lay’s job ‘performance problems,’ sheriff candidate claims political targeting

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Dave Clark

Dave Clark

Note: This story was updated at 10:25 a.m. August 5.

DA responds to political targeting charge

There was no political targeting of Trooper Anthony Lay before his five-day suspension by the Tennessee Highway Patrol in May, but there were “real, serious, and repeated performance failures,” Anderson County District Attorney General Dave Clark said Friday.

Clark documented what he called Lay’s performance issues in a statement released Friday. A DUI charge in one case was dismissed, Clark said, after Lay failed to submit a complete case file and then did not respond to requests for documents by fax, mail, and email. He cited two cases where Lay failed to appear in response to a subpoena. In one of those cases, Lay faced potential arrest for contempt of court and showed up 20 minutes late, but the judge dismissed the case because Lay wasn’t present, the DA said.

Clark said he saved Lay from going to jail in that case because he declined to have the trooper arrested and instead called his sergeant to see if he could get Lay to court to avoid further trouble.

Clark cited another case where he said Lay failed to arrest a driver who was impaired and had four or more prior DUI convictions, possessed drugs and drug paraphernalia, and was a habitual motor vehicle offender. Lay issued the driver a ticket, but he should have taken the driver into custody after the man finished his medical treatment, Clark said.

In issuing his statement Friday, Clark said he was responding to Lay’s charges in recent stories about the trooper’s suspension by the THP in May. In those stories, published in several media outlets, Lay said he was the target of political attacks. [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…]