Chancellor Jeffrey Atherton has ordered that the Hamilton County Commission be added to a lawsuit initially filed by County Attorney Rheubin Taylor against Mayor Weston Wamp, directing the body act as a counter-defendant alongside Taylor.
That comes after Wamp's attorneys, Barret Albritton and Everett Hixson, questioned the panel's authority over the hiring and firing of that position in a counterclaim filed in late November. They also stated that Taylor and commissioners were "acting in concert" to keep the county attorney in his job.
Atherton made the decision during a hearing Dec. 2 and has ordered Wamp to serve the commission with his counterclaim.
"Due to certain factual allegations and legal arguments raised in Mayor Wamp's counterclaim, the court determined that the Hamilton County Board of Commissioners should be classified as a counter-defendant," Atherton said in an order filed Dec. 13.
According to Wamp's attorneys, Atherton has added the commission to the lawsuit as an "indispensable party" because the mayor has questioned the authority the panel has over the dismissal of the county attorney.
Chairman Chip Baker, R-Signal Mountain, said in a phone call Monday afternoon that the commission has not yet been served. Once that happens, the panel can decide whether to rehire an outside attorney to help them navigate that process. Baker said the panel's last meeting of the year is Wednesday.
Commissioners had previously retained attorney John Konvalinka for up to $10,000 after Wamp attempted to fire Taylor in mid-October.
Atherton has also denied a request from Wamp's attorneys that the court recuse itself from the case, stating that it wasn't timely filed. Wamp's attorneys have argued that Atherton's presence at a County Commission meeting Oct. 19 could affect the proceedings.
"I cannot at this point make a determination that somehow the observation of this court in a hearing or a public forum before a nonparty would somehow give rise to a necessary or mandatory disqualification," Atherton said, according to a transcript of the hearing. "The ramifications of that are just too broad."
Atherton added that repeated motions to recuse "are not favored," but he will allow another request to be made once the commission has joined the lawsuit.
Taylor filed a lawsuit against the mayor in Chancery Court on Oct. 31 asking a judge to determine that Taylor's four-year contract, which was renewed in June 2021, is valid and that Wamp lacks the unilateral authority to fire the county attorney.
County commissioners have thrown their support behind Taylor and passed a a series of resolutions Oct. 19 that included reaffirming Taylor's contract and preserving the attorney's access to his office and equipment, actions that Wamp has argued go beyond the legal authority of the panel.
Wamp stated in his counterclaim to Taylor's lawsuit in late November that Taylor had lobbied members of the County Commission to help him retain his job.
"The County Commission responded to Taylor's call for help with a series of resolutions designed to insert itself into the dispute between Mayor Wamp and Taylor," Wamp's counterclaim says, referring to the resolutions passed in October.
The mayor also argued in court filings that the Hamilton County Employee Handbook lists the county attorney as an at-will employee, meaning the occupant can be fired without cause. The County Commission approved versions of the handbook containing that language in 2017 and 2020, the counterclaim states.
Taylor's current contract, which the commission approved in June 2021, states it can be terminated by the county if a majority of the County Commission decides to do so with agreement from the mayor. Without agreement from the mayor, ending the contract requires a two-thirds majority.
However, Wamp has argued the contract is invalid, noting that it extends beyond the term of the officials who approved it. Wamp and a slate of new county commissioners took office Sept. 1.
In his counterclaim, the mayor states he has the exclusive authority to appoint and terminate Hamilton County department heads, including the county attorney. Despite the resolutions passed in October, Wamp claims, the commission does not have the power to hire or fire.
Taylor did not immediately respond to a voicemail left Monday. He has not spoken publicly since Wamp attempted to fire him in October. Wamp cited private work on county time, destruction of public records and violation of attorney-client privilege.
Vice Chairman Joe Graham, R-Lookout Valley, said by phone that he wants the issue to proceed to court so it can be put to bed. County officials are spending too much time and money arguing about their relative powers, he said, and there needs to be a definitive answer.
"I'm not picking sides," Graham said. "I'm going to follow the law. If the law says (Taylor) stays, he stays. If the law says the contract is no good, he'll have to go. But I'm going to follow the law."
Contact David Floyd at dfloyd@timesfreepress.com or 423-757-6249. Follow him on Twitter @flavid_doyd.