An Open Letter: County Lawsuits
The opinions expressed in this publication are those of the author. They do not purport to reflect the opinions or views of Hatchie Press, Inc. or its members.
Hardeman County’s 2021 annual report, on page 70, reports the county is involved in several pending lawsuits and that county management estimates the liability of these lawsuits will not materially affect the county’s financial statements. The county mayor has told a citizen he will not respond to public records requests. So the whole truth is being kept from the public. Documentation from an involved source reports that over $530,000 has been spent since 2019 defending the sheriff budget dispute, the FLSA (Federal Labor Standards Act) federal case, and the Royal Oaks dispute. Over half of this was for the FLSA case. A recent budget committee and county commission meeting revealed a budget amendment for attorney fees of $150,000. So – at least $150,000 has been spent so-far this calendar year bringing the grand total spent to over $680,000 since 2019. And there is potential liability for several times that amount.
A 2019 FLSA case in Madison County (Grayson v. Madison County, Tennessee) involved one issue of claimed non-payment of wages. Jailers were required to be at work 15 minutes before the start of shift – but not being compensated for that time. The Madison County case lasted five months from filing of complaint to settlement of $1.25 million. The $1.25 million did not include the county’s defense costs. The Hardeman FLSA case involves about the same number of plaintiffs as the Madison County case and the same 15 minute before start of shift non-payment issue. In addition, there are several other issues of claimed non-payment. And Hardeman’s case is now over three years in process. A judgment of overtime pay violation automatically awards damages equal to the amount of overtime pay plus the plaintiff’s legal fees. If judgment finds the non-payment intentional – there is a three year statute of limitation. This is a federal case so states law limiting time and cost do not apply.
The potential liability is large. A mediation effort early this year saw a demand from the plaintiffs for over $3.8 million. A settlement or judgment at this level threatens a county’s property taxes. If a county’s estimated expenses are greater than its estimated revenue, the budget must be balanced by reducing expenses and increasing property tax. Judging from other FLSA lawsuits involving other government and public institutions in other Tennessee counties – this lawsuit should never have occurred and certainly should not have continued for over three years.
Certain candidates that have the details are withholding it from the public – claiming they don’t want to be negative or divisive. Perhaps they are afraid to confront issues head on – and lack the experience and qualifications to do so. Perhaps it is their nature to conduct themselves in secrecy and hide information from the public. Perhaps they are uncomfortable and inexperienced in a public forum where there is public witness and exchange – during and after. Perhaps they just simply consider themselves above public interest and right-to-know.
Understanding and reporting the issue of county lawsuits is not about being negative or divisive. The lawsuits themselves are negative and divisive. Information on the lawsuits in a campaign year is about public awareness. About candidates that will inform themselves and dive into the details necessary to avoid or resolve conflict. Candidates that have demonstrated they will conduct all public business with public witness – not secretively. Candidates who have a proven track record of being responsible with public money and resources. Candidates who are true to their values. Not candidates who misrepresent themselves to the public to get elected – but vote and conduct themselves just the opposite.
Bob Williamson
