The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
A jury found she had been sexually harassed while working for Anderson County, but the county was not liable. Then, since she did not prevail in the civil trial, she was ordered to pay about $1,800 in costs to Anderson County. Now that’s on hold. The former employee, Gail Harness, has appealed her $7.5 million sexual harassment lawsuit against Anderson County to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio.
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The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
A jury found she had been sexually harassed while working for Anderson County, but the county was not liable.
Then, since she did not prevail in the civil trial, she was ordered to pay about $1,800 in costs to Anderson County.
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
A jury found she had been sexually harassed while working for Anderson County, but the county was not liable. Then, since she did not prevail in the civil trial, she was ordered to pay about $1,800 in costs to Anderson County. Now that’s on hold. The former employee, Gail Harness, has appealed her $7.5 million sexual harassment lawsuit against Anderson County to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio.
The rest of this story, which you will read only on Oak Ridge Today, is available if you are a member: a subscriber, advertiser, or contributor to Oak Ridge Today.Already a member? Great! Thank you! Sign in here.Not a member? No problem! Subscribe here:Basic
If you prefer to send a check, you may do so by mailing one to: Oak Ridge TodayP.O. Box 6064Oak Ridge, TN 37831 We also have advanced subscription options. You can see them here. We also accept donations. You can donate here. A donation of $50 or more will make you eligible for a subscription. Thank you for reading Oak Ridge Today. We appreciate your support!
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
CHATTANOOGA—Four women who testified during a civil sexual harassment trial in federal court last week said their former boss, a former Anderson County elected official, caressed them around the waist, rubbed them, sent graphic messages about oral sex, and asked them to have sex with him and his wife, among other allegations of inappropriate behavior. The experiences have left them traumatized, the women said, unable to eat or sleep, suffering from anxiety and panic attacks, and in one case, diagnosed with post-traumatic stress disorder.
Two of the women have filed lawsuits in federal court over the alleged harassment by former Anderson County Circuit Court Clerk William Jones, who served one term from 2014 to 2018. A trial was held for one of the lawsuits in U.S. District Court in Chattanooga last week. That lawsuit was filed in March 2018 by former employee Gail Harness, who started working for Jones as a college intern in 2016. The lawsuit had alleged that Harness had endured a hostile work environment in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and the Tennessee Human Rights Act.
On Thursday, a seven-person federal jury found that Harness had been sexually harassed while working for Jones, but the jury found that the county was not liable. No damages were awarded.
Jones was originally a defendant in the lawsuit, but he was dismissed in June 2019, leaving Anderson County as the sole defendant. Jones was not the employer, so Harness could not sue him, Senior U.S. District Judge Curtis Collier said in court Wednesday.
Jones had denied the allegations of sexual harassment, and he filed counterclaims in response to both lawsuits, the one filed by Harness and a second filed by Amy Ogle. In response to the Harness lawsuit, Jones had alleged that he had been defamed and his privacy invaded. But that was before before a jury found that Harness had been sexually harassed. Responding to the Ogle lawsuit, Jones has asked for at least $15,000 for legal services and fees.
The trial of the Harness lawsuit left unanswered, at least for now, a question about what can be done when an elected official violates constitutional rights. The county’s human resources director said a change in law might be required.
The four-day trial included disagreements between the testimony of former Anderson County Human Resources Director Russell Bearden and Mayor Terry Frank. The two disagreed about when the mayor knew about allegations of sexual harassment by Jones. They disagreed about whether the mayor retaliated and whether she protected Jones over the women he allegedly harassed. And they disagreed about whether she told the former human resources director to not take a complaint to the county law director because that would “cause a political storm.”
The trial, which was Monday to Thursday, had nine witnesses. They included Harness, the former employee who filed the $7.5 million lawsuit against Anderson County in 2018; her psychologist, who testified that Harness had been diagnosed with post-traumatic stress disorder; three other alleged victims of Jones; the current human resources director, Kimberly Jeffers-Whitaker; a deposition of the county law director, Jay Yeager; Frank; and Bearden.
Attorneys for Harness said the litigation will continue, and they said during the trial that it could be appealed to the Sixth Circuit Court of Appeals. Harness’ attorneys disagreed with the jury instructions. Among the questions raised by the judge during the trial was whether Jones made policy for Anderson County and whether he is a county official or state official. The defense, Anderson County, argued that the office of circuit court clerk is created by the state constitution, while Harness’ attorneys said the county had delegated authority to Jones and he supervised county employees.
The allegations against Jones became public in February 2018. The Anderson County Commission censured Jones that same month. Jones ran for re-election despite the allegations, although he lost the May 2018 Republican Party primary to the current clerk, Rex Lynch. However, Jones remains involved in local politics; he is currently vice treasurer of the Anderson County Republican Party. Jones declined to comment about the lawsuit or trial on Thursday.
The presentation of the evidence during the civil trial last week lasted three days, Monday to Wednesday. The jury deliberated Thursday. Here we have included a chronological summary of the evidence presented to the jury. It includes information about the allegations of sexual harassment, the county’s response, and Jones’ response. We have also summarized discussions between the attorneys and Collier, the judge, and included more information about the jury verdict.
The rest of this story is available if you are a member: a subscriber, advertiser, or contributor to Oak Ridge Today.
If you prefer to send a check, you may do so by mailing one to:
Oak Ridge Today P.O. Box 6064 Oak Ridge, TN 37831
We also have advanced subscription options. You can see them here.
We also accept donations. You can donate here. A donation of $50 or more will make you eligible for a subscription.
Thank you for reading Oak Ridge Today. We appreciate your support!
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
CHATTANOOGA—Four women who testified during a civil sexual harassment trial in federal court last week said their former boss, a former Anderson County elected official, caressed them around the waist, rubbed them, sent graphic messages about oral sex, and asked them to have sex with him and his wife, among other allegations of inappropriate behavior. The experiences have left them traumatized, the women said, unable to eat or sleep, suffering from anxiety and panic attacks, and in one case, diagnosed with post-traumatic stress disorder.
Two of the women have filed lawsuits in federal court over the alleged harassment by former Anderson County Circuit Court Clerk William Jones, who served one term from 2014 to 2018. A trial was held for one of the lawsuits in U.S. District Court in Chattanooga last week. That lawsuit was filed in March 2018 by former employee Gail Harness, who started working for Jones as a college intern in 2016. The lawsuit alleged that Harness had endured a hostile work environment in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and the Tennessee Human Rights Act.
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Wednesday, June 23, 2021. (Photo by John Huotari/Oak Ridge Today)
CHATTANOOGA—Four women who testified during a civil sexual harassment trial in federal court last week said their former boss, a former Anderson County elected official, caressed them around the waist, rubbed them, sent graphic messages about oral sex, and asked them to have sex with him and his wife, among other allegations of inappropriate behavior. The experiences have left them traumatized, the women said, unable to eat or sleep, suffering from anxiety and panic attacks, and in one case, diagnosed with post-traumatic stress disorder.
Two of the women have filed lawsuits in federal court over the alleged harassment by former Anderson County Circuit Court Clerk William Jones, who served one term from 2014 to 2018. A trial was held for one of the lawsuits in U.S. District Court in Chattanooga last week. That lawsuit was filed in March 2018 by former employee Gail Harness, who started working for Jones as a college intern in 2016. The lawsuit had alleged that Harness had endured a hostile work environment in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and the Tennessee Human Rights Act.
On Thursday, a seven-person federal jury found that Harness had been sexually harassed while working for Jones, but the jury found that the county was not liable. No damages were awarded.
Jones was originally a defendant in the lawsuit, but he was dismissed in June 2019, leaving Anderson County as the sole defendant. Jones was not the employer, so Harness could not sue him, Senior U.S. District Judge Curtis Collier said in court Wednesday.
Jones had denied the allegations of sexual harassment, and he filed counterclaims in response to both lawsuits, the one filed by Harness and a second filed by Amy Ogle. In response to the Harness lawsuit, Jones had alleged that he had been defamed and his privacy invaded. But that was before before a jury found that Harness had been sexually harassed. Responding to the Ogle lawsuit, Jones has asked for at least $15,000 for legal services and fees.
The trial of the Harness lawsuit left unanswered, at least for now, a question about what can be done when an elected official violates constitutional rights. The county’s human resources director said a change in law might be required.
The four-day trial included disagreements between the testimony of former Anderson County Human Resources Director Russell Bearden and Mayor Terry Frank. The two disagreed about when the mayor knew about allegations of sexual harassment by Jones. They disagreed about whether the mayor retaliated and whether she protected Jones over the women he allegedly harassed. And they disagreed about whether she told the former human resources director to not take a complaint to the county law director because that would “cause a political storm.”
The trial, which was Monday to Thursday, had nine witnesses. They included Harness, the former employee who filed the $7.5 million lawsuit against Anderson County in 2018; her psychologist, who testified that Harness had been diagnosed with post-traumatic stress disorder; three other alleged victims of Jones; the current human resources director, Kimberly Jeffers-Whitaker; a deposition of the county law director, Jay Yeager; Frank; and Bearden.
Attorneys for Harness said the litigation will continue, and they said during the trial that it could be appealed to the Sixth Circuit Court of Appeals. Harness’ attorneys disagreed with the jury instructions. Among the questions raised by the judge during the trial was whether Jones made policy for Anderson County and whether he is a county official or state official. The defense, Anderson County, argued that the office of circuit court clerk is created by the state constitution, while Harness’ attorneys said the county had delegated authority to Jones and he supervised county employees.
The allegations against Jones became public in February 2018. The Anderson County Commission censured Jones that same month. Jones ran for re-election despite the allegations, although he lost the May 2018 Republican Party primary to the current clerk, Rex Lynch. However, Jones remains involved in local politics; he is currently vice treasurer of the Anderson County Republican Party. Jones declined to comment about the lawsuit or trial on Thursday.
The presentation of the evidence during the civil trial last week lasted three days, Monday to Wednesday. The jury deliberated Thursday. Here we have included a chronological summary of the evidence presented to the jury. It includes information about the allegations of sexual harassment, the county’s response, and Jones’ response. We have also summarized discussions between the attorneys and Collier, the judge, and included more information about the jury verdict.
The rest of this story is available if you are a member: a subscriber, advertiser, or contributor to Oak Ridge Today.
The Joel W. Solomon Federal Building United States Courthouse is pictured above on Tuesday, June 22, 2021. (Photo by John Huotari/Oak Ridge Today)
Note: This story was last updated at 10:30 p.m.
CHATTANOOGA—A seven-person federal jury on Thursday found that a former Anderson County employee had been sexually harassed by former Anderson County Circuit Court Clerk William Jones, but the county was not liable. The former employee, Gail Harness, had filed a lawsuit in federal court because of the sexual harassment, and she had sought $7.5 million in damages.
The lawsuit was tried in U.S. District Court in Chattanooga from Monday to Thursday.
Attorneys for Harness had alleged that Anderson County had inadequate training or supervision and had tolerated violations of federal law. Harness had endured a hostile work environment caused by the pervasive, unwelcome sexual advances from Jones, and her rights had been violated under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, the attorneys said. Harness had sought damages for pain and suffering, embarrassment and humiliation, permanent injury, and loss of enjoyment of life and reputation.
But attorneys for the defendant, Anderson County, said the county had no control over Jones, an elected official, and the county had investigated after Harness filed her complaint in 2017.
Four women testified in federal court in Chattanooga this week. They said Jones had caressed them around the waist, rubbed them, whispered inappropriate things about how other employees looked, sent graphic sexual messages about oral sex, asked them for “alone time” and to accompany him on a trip, and responded to a question about a job with a message that included a suggestion to send a picture of breasts, among other allegations. Jones referred to himself as “Daddy,” the women said, and he asked Harness to have sex with him and his wife, according to her testimony. Jones boasted about being unaccountable to anyone except the voters of Anderson County, according to the witnesses. Employees said they worried about being moved to the Oak Ridge court—the “clerk’s graveyard”—or fired if they didn’t please Jones or comply.
“He is an elected official, and he told us all the time, no one can touch me,” said employee Tracy Spitzer, a witness for Harness.
“They were all scared to do anything about it,” said Richard Collins, one of three attorneys for Harness.
Jones said he could do whatever he wanted, including masturbate in his office, according to the testimony.
CLINTON—Anderson County Commissioner Steve Emert had a narrow 63-vote lead over Anderson County Mayor Terry Frank in the race for a four-year term as mayor in early and absentee voting results released after primary election polls closed at 8 p.m. Tuesday.
Emert had 2,997 votes (50.53 percent) compared to 2,934 (49.47 percent) for Frank, who was first elected in August 2012. Both are candidates in the Anderson County Republican Party primary.
Election day votes have not been tabulated, so results could change. The results that follow are from the Republican Party primary. There are two candidates in the Democratic primary, Mark Lucas for sheriff and Ebony Capshaw for trustee, but they are unopposed in the primary election and are assured a spot in the August 2 county general election.
In the three-person Republican race for Anderson County sheriff, Scott Barker, a Clinton Police Department detective sergeant and director of the Seventh Judicial District Crime Task Force, had a significant lead over Lewis Ridenour, an Oak Ridge Police Department officer and former chief deputy. Barker had 2,841 votes (49.88 percent), compared to 1,992 (34.97 percent) for Ridenour, according to the unofficial results. [Read more…]
Among the races on the ballot in the primary election in Anderson County today (Tuesday, May 1) are mayor, sheriff, trustee, county clerk, circuit court clerk, and register of deeds.
At least three of the races—mayor, county clerk, and register of deeds—could be decided in the Republican Party primary today because there are no Democrats running for those offices. That’s assuming there are no write-in candidates for those races in the August 2 county general election.
The Republican candidates for mayor are Terry Frank, the incumbent, and Anderson County Commissioner Steve Emert. The GOP candidates for county clerk are Jeff Cole, the incumbent, and his challenger, businesswoman Leesa Arowood. Tim Shelton is running for re-election as register of deeds, and he is being challenged in the Republican primary by Rocky Top City Manager Michael Foster.
There are no Democrats on today’s ballot for circuit court clerk, but there is a write-in candidate who plans to run as a Democrat in the August election. There is also a Republican write-in candidate in the race. It initially appeared this election could be decided today, but it now appears there could be the Republican nominee, either incumbent William Jones or former mayor Rex Lynch, plus two possible write-in candidates. [Read more…]
The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Court Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)
Note: This story was updated at 10:40 a.m.
CLINTON—He’s been accused of inappropriate behavior that includes unwelcome sexual advances, unwanted touching, and lewd and vulgar text messages. He’s been unanimously censured and asked to resign by the Anderson County Commission. He’s been sued in federal court. And some residents have joined commissioners in asking him to resign, or at least not seek re-election.
Despite those pleas, though, Anderson County Circuit Court Clerk William Jones, who has denied many allegations and called others false, is seeking re-election in the Anderson County Republican Party primary election on Tuesday, May 1. Jones has filed counterclaims in federal court and filed a defamation lawsuit in state court.
Some of the sexual harassment allegations appear to have been forwarded to the Federal Bureau of Investigation and other agencies, including the Tennessee Attorney General, Tennessee Department of Labor, and Tennessee Administrative Office of the Courts, according to records released by Anderson County. It’s not clear which outside agencies, if any, might be investigating the complaints, or whether the local district attorney general might be investigating.
Willliam T. Jones
Commission censures Jones, asks him to resign
The accusations against Jones, who is seeking his second four-year term, were publicly disclosed during a review of a sexual harassment complaint at an Anderson County Commission meeting on February 20.
During that meeting, Kim Jeffers-Whitaker, Anderson County’s chief deputy director of human resources and risk management, said her department had received five reports of inappropriate workplace behavior by Jones.
“The five reports create a harassing pattern,” Jeffers-Whitaker said.
She said the reports are supported by two affidavits and four sworn statements that the county’s human resources department obtained from the victims, who include four past or present employees and one citizen.
According to Jeffers-Whitaker, the alleged instances of unprofessional conduct include: [Read more…]
Twenty-nine candidates have qualified to run for 16 seats on the Anderson County Commission in the county general election in August.
There are also three people running for the Tennessee House of Representatives in District 33, a new appointed Oak Ridge school board member running in a special election in August, and a Democratic challenger to Tennessee Senator Randy McNally, an Oak Ridge resident who is also lieutenant governor.
The deadline to qualify to run in the August 2 election, which will also feature contested elections for Anderson County sheriff and trustee, was noon Thursday.
Anderson County has eight County Commission districts, and there are two commissioners per district. The offices are non-partisan, meaning that, unlike some other county offices, they are not part of the Democratic and Republican primary elections on May 1. [Read more…]
Former Anderson County Mayor Rex Lynch is running for Anderson County Circuit Court Clerk, opposing incumbent William Jones in the May 1 Republican Primary, a press release said.
Lynch, the county’s mayor from 1998 through 2010, has worked the past two years as a court security officer in Anderson County General Sessions Court Judge Don Layton’s courtroom, the press release said.
In the press release, Lynch said he thinks his stint as a court officer, along with his vast county government experience, would allow him to implement the significant changes necessary to make the Circuit Court work better for the citizens of Anderson County. Those changes would begin with an infusion of leadership to establish better public relations and customer service in the office, Lynch said.
Among the various organizations and committees that Lynch has served and led include: chairman of the Anderson County Development Corporation; member of Board of Directors for Anderson County Economic Development Association; CROET Board member; East Tennessee Economic Council Board member; board vice chair for East Tennessee Development District; board vice chair for East Tennessee Human Resource Agency; Cumberland Mountain RC&D Board member; Tennessee Association of Mayors Board member; member Alpha Lodge #376; member of Kerbela Shriners of Knoxville; Clinton Rotary Club; and member of Second Baptist Church in Clinton. [Read more…]
Flags are pictured above at the First Responders Appreciation Day in 2016. (Submitted photo)
The First Responders Appreciation Committee of Oak Ridge will present the Third Annual First Responders Appreciation Day on Saturday, October 7, in the parking lot of Swifty’s Atomic Bar and Grill in Oak Ridge. The event begins at 2 p.m., a press release said.
“This year’s event will be much larger than last year!” the press release said. “We will have a waterslide for the kids, free food provided by Sysco Foods, and music. We’ll also have booths featuring DotDotSmile; Handmade Wreaths; Honey Pots; The Mystic Orb jewelry; National Martial Arts; Outta the Attic; Paparazzi Jewelry; Plum Crazy Boutique; and SET Guns and Range.
“Most importantly, we will be honoring all local area first responders to include law enforcement officers, fire fighters, and emergency medical services personnel. We will read a roll call of the fallen police, firefighters, and EMS in 2017 and have a candlelight vigil to honor their memory.” [Read more…]
The Anderson County Republican Party will honor Randy McNally, Tennessee’s new lieutenant governor, at this year’s Reagan Day dinner. The dinner will be held at the Double Tree Hotel in Oak Ridge on Friday, February 10. It will start at 6:30 p.m.
On January 10, McNally was selected as the 87th speaker of the Tennessee Senate, a position that also makes him the state’s lieutenant governor.
“It’s a great honor for East Tennessee to furnish the next lieutenant governor,” said William Jones, chair of the Anderson County Republican Party. “Randy is certainly the perfect choice. He is a thoughtful, dedicated leader who has given many years of public service to the Volunteer State.” [Read more…]
Lee Cromwell, right, who has been charged with vehicular homicide and 16 other charges after a fatal parking lot crash at Midtown Community Center after fireworks on July 4, 2015, huddles with his family and defense attorney James Scott, left, after an arraignment in Anderson County Criminal Court in Clinton on Monday, July 25, 2016. (Photo by John Huotari/Oak Ridge Today)
Note: This story was updated at 11:47 a.m. July 27.
CLINTON—First the judge recused himself and now the district attorney general’s office has been recused in a homicide case filed against an Oak Ridge man after a fatal crash in the crowded parking lot of Midtown Community Center after fireworks on July 4, 2015.
Both recusals were because of liens filed by the defendant, Lee Harold Cromwell, 66. The recusals mean another judge has already been appointed, and another DA will have to be appointed. A lien is a claim that one person owes something to another person.
Anderson County Criminal Court Judge Donald R. Elledge recused himself during a June 3 arraignment because of an $8 million lien filed against him by Cromwell.
“It was upsetting that he filed a frivolous lien against me,” Elledge said Monday. “I’m going to do everything I can legally, morally, and ethically to prosecute him criminally and civilly to the full extent of the law.”
Then, during a rescheduled arraignment on Monday, defense attorney James K. Scott asked for Anderson County District Attorney General Dave Clark and the DA’s office to also be recused. That was because of liens that Cromwell filed against the DA and another member of his office in “misplaced mindset” in a “misguided effort, out of desperation, to advocate for his innocence without the knowledge or advice of counsel,” Scott said in a motion to recuse. [Read more…]
A former employee of the Anderson County Circuit Court Clerk’s Office has filed an age discrimination lawsuit in Circuit Court against Court Clerk William Jones and the county.
Helen Forrester, 69, was fired on September 10, 2014, and according to the lawsuit filed Monday, after 24 years in the office. Forrester’s lawsuit claims that she was fired so that Jones could replace her with someone younger despite her “good, if not excellent” work and job performance evaluations.
The lawsuit also states that Forrester believed that she had an “expressed and/or implied contract of continuous employment (with the county), and otherwise maintained the right not to have her employment terminated without cause.”
The lawsuit seeks $300,000 in compensatory damages from the county for her “injuries, including a loss of salary, future earnings, and humiliation and embarrassment” caused by the defendant, and $300,000 in treble damages against Jones for “interference with (Forrester’s) employment relationship with Anderson County government” as well as court costs and a jury trial.
