Hardeman County Will Continue Fighting Multi-Million Dollar Lawsuit After Rejecting Settlement
A nearly three-million dollar ($2,999,000) settlement agreement was presented to the Hardeman County Commission at its meeting on Tuesday evening, March 21, 2023. The settlement agreement stems 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. {read the Consolidated Master Complaint here}
After a failed mediation attempt in January 2022, both sides met again for a scheduled mediation in February 2023 and developed the $2,999,000 settlement agreement, which was presented to the County Commission by Rob Binkley on behalf of Rainey, Kiser, Reviere, and Bell. The settlement does not include attorney fees, which were estimated to be around three million dollars to date, an amount that could have still been negotiated if a settlement was reached.
After the settlement was presented, commissioners spent time questioning attorneys and discussing options. It was noted that nine (9) votes were required for a motion to pass.
During the discussion, attorney Steve Hale commented, “There is verifiable proof that people were not paid correctly.”
Commissioner John Vickers made a motion not to accept the settlement, relieve the current counsel, and hire back previous counsel Amber Shaw. The motion was seconded by Johnny Lanier. Those voting in favor of the motion were commissioners Lanier, Sain, Vickers, and Weems. The motion did not pass.
“Some of these new commissioners don’t know all the facts that we know, because we’ve sat through an attorney-client [meeting] with different lawyers.” Commissioner Bobby Hensley stated.
Commissioner Brad Grantham then made a motion to reject the settlement offer. The motion was seconded by Jackie Sain with commissioners Gilliam, Grantham, Hensley, Lanier, Sain, Vickers, and Weems voting in favor. The motion did not pass.
Commissioner Cory Bufford then made a motion to accept the settlement offer. The motion was seconded by Bobby Wright with commissioners Bell, Bufford, DeBerry, Jenkins, Kennamore, Lake, Miller, and Wright voting in favor. The motion did not pass.
Even though the motion to accept the settlement offer had the most support, with eight (8) commissioners voting in favor, it fell short of the required nine (9) votes to pass.
Before the meeting was adjourned, Mayor Todd Pulse expressed his disappointment, “Nobody should be here in this position. This should have been settled three to four years ago. It should never have gotten to all of us. What’s about to happen is it’s going to go to trial, and then there’s going to be more lawyers cost and more lawyers cost, and I hope everybody can live with that for breaking our county.”
The case is currently scheduled to go to trial in August 2023. It was noted that the estimated attorney fees of $3,000,000 dollars did not include costs associated with the case proceeding to trial.
Commissioner Thomas Polk was absent due to health reasons.
You may watch the full Hardeman County Commission Meeting on the Hatchie Press YouTube page by clicking here. The lawsuit discussion begins at the two hour and 56 minute mark (2:56).
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