County Commission Gets Heated Over Lawsuit Discussion {video}
The Hardeman County Commission held its monthly meeting on Tuesday, April 16, 2024.
Commissioner Jonny Lanier called the meeting to order. Commissioner Bobby Wright and Commissioner Joseph Jenkins lead the prayer and pledge of allegiance.
County Clerk Tonet Griggs took the roll. Only Mayor Todd Pulse was absent. It was said he was in Washington, D.C. meeting with Senator Blackburn and Representative Kustoff about possible grants for county projects. Commissioner Johnny Lanier filled in as vice mayor.
One citizen, Gary Barrowclough, signed up to speak during the public forum. He addressed the commissioners regarding the lawsuits facing the county and his concerns with the duration of the lawsuits and financial burden to the county. {3:00 minute mark in the video}
The Commission approved the list of notaries. {6:00 minute mark in the video}
The Commission brought back the February minutes, which were tabled in the last meeting due to Commissioner David Bell’s concerns about attachments not being included, only comments opposing the zoning resolution from the public comments time were recorded, and possibly the first vote on the resolution was not recorded. Commissioner Vickers said one of the roll call votes on the resolution was not correct. The commission unanimously voted to approve the February minutes as corrected. {6:30 minute mark in the video}
The Commission then took up the minutes from March 19, 2024. Commissioner Mark Gilliam suggested one correction to the March minutes. The minutes stated the April meeting would be held on March 19, 2024. He motioned to approved the minutes with the date correction. The commission unanimously approved. {9:00 minute mark in the video}
Property Assessor Josh Pulse recommend the following citizens to serve on the Hardeman County Board of Equalization:
Mr. Odell Green- (Reappointment)
Mr. Leon McNeal- (Reappointment)
Mrs. Stacy Lipford- (Reappointment by City of Bolivar)
Mr. Ryan Zawacki- (New Appointment)
Mr. Ryan Bell- (Reappointment)
Alternate-Mr. Will Ross- (New Appointment)
The appointment is a two-year term. The commission unanimously approved his recommendations. {9:50 minute mark in the video}
Don Taylor, director of Emergency Management for the County presented a Mitigation Plan Resolution. The commission unanimously approved the resolution. {10:50 minute mark in the video}
Road Superintendent Casey Swift brought bids for paving projects for approval. It was said the paving would include Lake Hardeman from Sain Road to Highway 125 (4.3 miles), Powell Chapel from the city limits of Middleton to the crossroads (3.8 miles), and Peavine from the crossroads back to Highway 125 (7.4 miles). The commission unanimously approved the bids. {20:30 minute mark in the video}
Chief Billy Davis presented equipment surplus from the Sheriff’s Department. Computers and phone equipment that is too old, outdated, or broken that needs to be destroyed. The commission unanimously approved deeming the equipment surplus / disposal of the surplus equipment. {23:20 minute mark in the video}
Circuit Court Clerk Eunice Gudger presented equipment surplus from the Circuit Court Clerk’s Office. It was said they needed to dispose of old hard drives. The commission unanimously approved deeming the equipment surplus / disposal of the surplus equipment. {26:20 minute mark in the video}
Director of Hardeman County Schools Christy Smith brought a budget amendment for a water pipe that burst under the old Middleton High School gym floor. It was said that there was an insurance claim and the budget amendment was a revenue in and expenditure out. Dr. Smith also gave an update about the schools upcoming budget. {27:15 minute mark in the video}
Building Committee Chairman David Bell gave an update on the new Election Commission building renovations. The County Commission previously approved renovating a portion of the County’s EMS building to use for the election commission. The Committee received three prices for paving, which came in within budget. The interior renovation bids came in well above budget, at approximately $480,000. Commissioner Bell said they think they can revise the plans and specs to attempt to reduce the overall price and possibly get the job within budget. It was said the total amount budgeted for the whole project was $350,000 plus/minus 10 percent {34:40 minute mark in the video}
Commissioner Johnny Lanier presented budget amendments. All of the amendments were unanimously approved by the commissioners. {44:40 minute mark in the video}
County Attorney Dale Conder gave an update on the County’s lawsuits. {52:00 minute mark in the video} Commissioner Brad Grantham referenced a letter that was received from the plaintiffs attorneys in the “Sheriff’s Lawsuit” which he felt was threatening to the commission and potentially defamatory towards previous County Mayor Sain by calling him a habitual liar. Commissioner Grantham stated a lot of people want out of this lawsuit, but they can’t get out. Commissioner Chandra Lake questioned Attorney Conder on whether it was in the County’s best interest if the judge decertified the case. Commissioner Wright said there were three days set up for mediation a couple of months ago, but they only met for one day. {Watch the full video to hear the whole conversation}
Commissioner Cory Bufford then made a motion to settle the “Sheriffs Lawsuit” for $3,844,456.52. Commissioner Jenkins seconded the motion. It was said they would pay the plaintiffs over a three-year period. The settlement amount would not include any attorneys fees. Commissioner Bell questioned whether they should wait until the judge decided on decertification before the commission voted to settle.
“I think before we do anything, before we make any offers we should see about the decertification, what happens and how that changes the situation, that’s my opinion,” Attorney Conder responded.
Commissioner Grantham asked Commissioner Bufford to recind his motion to settle. The discussion continued with Commissioner DeBerry stating, “I’m not in the habit, as much as everybody wants to settle it, to make a multi million dollar decision in five minutes.”
“If you go to federal court, he could award $8 million to the plaintiffs and $6 million in attorneys fees. You take your chance,” said Commissioner Bufford. “I do not want to see the citizens have to pay this money out, but it’s federal court.”
Voting in favor of the settlement offer were Bufford, Jenkins, Kennamore, Lake, Miller, Polk.
Voting against the settlement offer were Bell, DeBerry, Gilliam, Grantham, Hensley, Sain, Vickers, Weems, Wright.
The motion failed with a 9-6 vote.
Commissioner Grantham then made a motion to hire back previous county attorney Amber Shaw.
“These people aren’t just suing the county of Hardeman. These people are suing their brothers, their sisters, their mothers, their fathers, their aunts, their uncles. They’re suing all of us and we’ve got to come up with this money. With that being said, for us to be prepared for this… and I can’t think of a better avenue within two months for us to prepare for this case than to bring Amber Shaw back into it.”
Grantham continued, “I make a motion that we hire Amber Shaw as lead attorney to assist Rob and his team to defeat this tyranny.”
Commissioner Kennamore questioned whether the motion to hiring legal representation needed to be an agenda item. Commissioner Grantham stated his motion fell under the lawsuit [agenda item].
Dale Conder addressed the Commission stating, “If that passes, I’ll resign. I won’t work on a case under those circumstances.”
Commissioner Bell questioned Attorney Conder, “Do y’all need help [with the lawsuit]?”
“Rob and I can do it. We have a firm full of lawyers. We can handle it. We don’t need Amber Shaw’s help.” responded Attorney Conder.
Commissioner Kennamore asked how long Attorney Shaw had worked on this case before. Commissioner Lanier answered, three years. “So three years we couldn’t get it done?” Kennamore continued, “We’re going to get screwed in court. Three years… What did she do? She didn’t do nothing for us. So I don’t want to hear that she’s going to rescue us because she didn’t. We’re here because she didn’t do her job then.” As the crowd erupted in applause, Chairman Lanier banged the gavel to bring order back to the meeting.
After more discussion, Commissioner Grantham rescided his motion to hire Attorney Amber Shaw. “Since Dale [Attorney Conder] has commented on this, that sheds new light on the whole situation… I would hope they would stay in, but they’ve got personal reasons and I did not know that, but I rescind my motion tonight to hire Shaw.”
{Watch the full video to hear the whole conversation}
The next commission meeting is scheduled for May 21, 2024. The public is welcome to attend.
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