Hamilton County’s attorney said in a meeting Wednesday that a proposal from County Mayor Weston Wamp to replace him with criminal defense lawyer Janie Varnell in a transition that would start in January would violate the employment contract that a judge ruled must stand until summer.
The county attorney, Rheubin Taylor, declined to offer further details about his interpretation of two resolutions from Hamilton County commissioners touching on his role in the government during a meeting Wednesday. He said he felt the commission should seek outside legal advice on the resolutions. Neither he nor attorneys in his office could work with the commission on the county attorney questions, he said.
“The two resolutions that are presented before you are in violation of our contract and, ethically, I don’t think I should say anymore,” Taylor said near the end of a meeting dominated by discussion of his proposed replacement.
He was raising a legal question, he said, not threatening further litigation. Taylor previously sued Wamp in fall 2022 after Wamp attempted to fire him. The commission backed Taylor, and litigation resulted in a ruling ordering Wamp to abide by the terms of Taylor’s contract until its June 30, 2025, expiration.
The first resolution commissioners considered Wednesday would bring Varnell into a transitional role to prepare her for the county attorney position, which Taylor has held since 1993. The transition period, and Varnell’s employment with the county, would start in January.
The second resolution, if adopted, would mean that after June 30, when Taylor’s contract expires, Varnell would take over for Taylor, who would be offered a six-month extension of his employment contract. Taylor would spend those six months advising the county attorney’s office.
Wamp’s director of communications, Mary Francis Hoots, said in an email that the resolutions were not reviewed by an attorney before commissioners considered them.
“We believe the issues that may exist between Rheubin Taylor’s contract and our resolution can be easily resolved,” Hoots wrote.
The commission is set to vote on the resolutions next week. Commission Chair Jeff Eversole, R-Ooltewah, said in a phone call that he would work with Grant, John Konvalinka and Harrison to address the legal questions raised by Taylor. Konvalinka represented the commission after Taylor sued Wamp over his attempt to fire him.
The Chattanooga Times Free Press left a voicemail with Taylor requesting more information about his reading of his contract, but it was not returned. Taylor said by text Wednesday afternoon that he was not able to talk at the time, but he did not respond to a subsequent question about his availability.
(READ MORE: Chancellor declares Hamilton County attorney’s contract is valid)
TRANSITION PROPOSAL
Taylor’s comments came after commissioners spent about an hour discussing a plan from the mayor’s office to move Varnell into his role and days after commissioners began meeting privately with Varnell to talk about her qualifications. Their discussion Wednesday touched on both Varnell’s ability to do the job and on the way the proposal was created.
Several commissioners expressed full support of Wamp’s choice and transition plan. A three-page proposal from Wamp’s office distributed to commissioners Wednesday would have moved Varnell into the county attorney role incrementally throughout 2025. In January, according to the proposal, Varnell’s first steps would be to familiarize herself with the county attorney’s office. By July, she should have taken over all legal matters facing the county. And by December, any topics concerning Taylor should be closed out, according to the proposal.
“This is the transition that we asked for,” said Commissioner Joe Graham, R-Lookout Valley. “This is the transition period that Hamilton County deserves.”
Others, however, had problems with the process and concerns with the plan.
“I understand for the mayor that this is a plan that he’s been working on for two years, which is great,” Commissioner Chip Baker, R-Signal Mountain, said.
He was pleased by the three-page plan, he said, but added that he’d preferred to have received it weeks ago, rather than Wednesday morning.
The proposal does not include information about Varnell or Taylor’s pay or title through the transition period, and Wamp said Wednesday that compensation is a question he hoped to answer together with the commissioners.
Varnell said during the Wednesday meeting that she had not been given a number for her prospective salary, but that the county attorney’s salary would be acceptable to her. Taylor is paid more than $191,000 yearly. The newspaper left a voicemail with Varnell asking to discuss the Wednesday meeting but did not hear back by press time.
TAYLOR’S CONTRACT
Taylor’s current contract began in 2021. It stated that Taylor will work on a full-time basis, that he can claim the benefits of a typical county employee and that the contract ends June 30, 2025, unless it’s terminated sooner by either Taylor or the county.
It also gave Taylor the right to office space and the authority to hire support staff. Attorneys in Taylor’s office must have Taylor’s authorization for their work, the contract stated.
“The attorney shall perform all legal services customarily expected in such position, including, but not necessarily limited to, research for the preparation of legal opinions, direction and assistance in such litigation as may arise which involves the county mayor, the county commission or the county, as well as the drafting and review of legal documents,” the agreement states.
Contact Mariah Franklin at mfranklin@timesfreepress.com or 423-757-6354.