In a legal opinion dated Sept. 30, a Knoxville lawyer told Hamilton County Mayor Weston Wamp that he could dismiss County Attorney Rheubin Taylor without support from the County Commission and that Taylor's four-year contract with the county was likely unenforceable.
"That being said, only the courts can provide a definitive resolution of this question," Dwight Tarwater, who previously served as general counsel to Tennessee Gov. Bill Haslam, wrote in a letter to the mayor's office. He's now part of the firm Paine, Tarwater, & Bickers LLP.
In a news release issued late Friday afternoon, Wamp's office said that the mayor had notified Taylor that he did not intend to reappoint him to that role, removing him from that position effective immediately. Taylor had no comment on the mayor's decision when reached by phone on Friday.
On June 16, 2021, the County Commission passed a resolution permitting the then-county mayor, Jim Coppinger, to reappoint Taylor as Hamilton County attorney. The panel approved a contract with a four-year term lasting from July 1, 2021 to June 30, 2025.
The contract states that it can be terminated by either party for good cause upon six months written notice or sooner by mutual agreement. It adds that termination requires a majority of the County Commission with support from the county mayor or a two-thirds majority without agreement from the county mayor.
In August, county residents elected Wamp as mayor and new members to the County Commission, expanding the body from nine representatives to 11.
"Since the term of Mr. Taylor's contract extends beyond the term of the appointing authority, the contract between Hamilton County and Mr. Taylor is likely, at least to that extent, unenforceable under Tennessee law," Tarwater wrote. "Additionally, notwithstanding the contract language, the county mayor likely has the authority, without the concurrence of the Board of Commissioners, to terminate the county attorney's employment."
The County Technical Assistance Service, a University of Tennessee agency that supports local governments, also offered an opinion on the matter.
The organization stated that only a court could provide a definitive answer because the issue is unclear, but "we believe the better view is that the county mayor should not be bound under TCA 5-6-112(1) by an employment contract which extends beyond the prior mayor's term of office."
"As indicated above, we cannot provide a definitive answer," the opinion from the assistance service concluded. "A court could find that the county is bound by the contract (or perhaps hold that the mayor is not bound but the county is liable for the remainder of the compensation under the contract). However, we believe a court is more likely to find that such a contract is voidable by the new county mayor."
A spokesperson for the mayor's office shared the opinions with the Chattanooga Times Free Press after 10 p.m. on Friday evening.
County commissioners have said they were not notified that the mayor intended to fire Taylor on Friday. Commission Chairman Chip Baker said in a phone call Friday that he has asked a local attorney, John Konvalinka, to weigh in on the situation and had also communicated with CTAS, which upheld Wamp's decision.
Chief of Staff Claire McVay said in Friday's release that Wamp came to the decision based on concerns about private legal work Taylor conducts during business hours, breach of attorney-client privilege with the mayor's office and "previous admissions from Mr. Taylor that his office had systematically destroyed thousands of documents related to open records requests."
In February 2021, the Chattanooga Times Free Press reported that the Hamilton County Attorney's Office had destroyed records requested by the paper amid a disagreement over reasonable charges. The actions by Taylor's office eventually sparked enactment of a state law prohibiting destruction of such records in the future.
The release states Wamp will immediately begin a search to identify an appointment to bring before the County Commission. Taylor spent 29 years as county attorney and 15 years before that as a county commissioner.
Contact David Floyd at dfloyd@timesfreepress.com or 423-757-6249. Follow him on Twitter @flavid_doyd.