Commissioner Withdraws $3.2 Million Settlement Offer After Attorney Rejects It Before Vote
Hardeman County Commissioner Jeff Kennamore withdrew his motion to offer a settlement on the FLSA lawsuit, also known as the “Sherriff’s Lawsuit”, at the Tuesday, July 16, 2024, Hardeman County Commission meeting. The motion to settle the lawsuit for $3.2 million was withdrawn after Attorney Conder, the County’s attorney, read a rejection e-mail just as the commissioners were preparing to vote on the motion.
Earlier in the evening (41 minute mark in the video), Attorney Conder presented an update on the lawsuit to the Commission. Conder stated he offered the plaintiffs $3.2 million to settle all of the FLSA claims the previous week, but that the plaintiffs had rejected the offer and their attorney had recently e-mailed him a new demand for $3.9 million in attorneys fees and $3.85 million for damages and to settle the case.
Attorney Conder recommended they go into a private attorney/client meeting to discuss the new demands and other questions the commissioners might have. Commissioner Grantham suggested they schedule the attorney/client meeting in the next few weeks when Mayor Pulse could be in attendance, since he was out sick. Commissioner Jenkins then spoke up and made a motion to accept the new higher settlement demand and get the whole lawsuit over with. There was no second on his motion.
{You may watch the full Hardeman County Commission meeting video below.}
Commissioner Lake made a motion to go into attorney/client meeting even though the mayor was absent. Commissioner Miller seconded her motion with a statement.
“We’re the ones who vote. He [the mayor] can’t vote. He doesn’t have a vote. He just sits up there,” said Commissioner Miller.
It was mentioned the mayor’s vote is only needed if there was to be a tie vote amongst the commissioners.
Before a vote could happen, Commissioner Kennamore made a motion to settle the lawsuit for $6 million, with $3 million of that going for attorney fees. Since Lake’s motion to go into an attorney/client meeting preceded, Kennamore’s motion was out of turn and dismissed.
The Commission unanimously voted to go into a private attorney/client meeting to discuss the lawsuit in further detail. They left the commission meeting and met in a private room for approximately 40 minutes.
After they returned, Commissioner Kennamore made a new motion to settle the lawsuit for $3.2 million, paid over three years, and to leave the attorney fees up to the judge’s decision. The motion was seconded by Commissioner Jenkins. Commissioner Grantham questioned how much money the County could afford before taxes would have to be raised. Vice Mayor Lanier said he would have to do more homework on how much could be spent immediately, but reminded that the Commission just approved the budget with one year’s expenditures of $15 million.
Before the Commission could begin voting on Kennamore’s motion, Attorney Conder shared about an e-mail he had just received from Attorney William Sessions.
“I just got an e-mail from Mr. Sessions [plaintiffs attorney] that said, ‘Don’t waste your time voting on $3.2 million over three years. It’s rejected’.”
Kennamore then rescinded his motion to settle.
“I would just like to say to the plaintiffs . . . that was made in good faith. I stepped out and I wanted to make a good faith, well played out offer to the plaintiffs and your attorney flat out rejected it. That was from my heart,” said Commissioner Kennamore. “The person you wanted to punish the most is not here anymore. We’re here trying to make this right. That was a good offer and I think the plaintiffs were given a disservice of their lawyer tonight.”
Commissioner Grantham shared a comment regarding Mr. Sessions response.
“There’s no way that Mr. Sessions had time to converse with his plaintiffs to even consider that offer. This is all about Mr. Sessions, what he wants to get out of the County,” said Commissioner Grantham.
The Hardeman County Commission previously rejected a nearly three-million dollar ($2,999,000) settlement agreement that was negotiated by both sides and presented to them in March of 2023. The settlement negotiations stem from three lawsuits filed in 2019 and 2021, involving Hardeman County Sheriff’s Department deputies, jailers, and dispatchers who allege they were paid incorrectly under previous Hardeman County Mayor Jimmy Sain’s leadership. The allegations include items such as disputed overtime pay, not receiving proper comp time, vacation pay and holiday pay, not getting paid for training, being required to report to work before their scheduled shift began, being required to stay and complete work after their shift had ended, and retaliation.
A trial date is currently scheduled for Monday, August 26, 2024.
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