County Attorney Taylor Sues County Mayor Wamp; Says Computer Documents Taken, Health Insurance Cut Off

  • Wednesday, November 2, 2022
Rheubin Taylor
Rheubin Taylor

Longtime County Attorney Rheubin Taylor has filed suit against new County Mayor Weston Wamp, saying he is trying to fire him despite him having a four-year contract given by the prior County Commission in 2021.

He said the contents of his computer were taken, including attorney-client documents.

County Attorney Taylor also said that his health insurance benefits were due to end on Oct. 31. He said the benefits are important because his wife has a heart condition.

Chancellor Jeff Atherton has filed a temporary restraining order, keeping Mr. Taylor as the county attorney.

The order says the county attorney would be likely to win on the merits of the case.

Attorney Taylor is represented by former Circuit Court Judge Neil Thomas III.

Here is the lawsuit that was filed in Chancery Court:

Rheubin M. Taylor, by his attorneys, for his Complaint against Weston Wamp as Mayor of Hamilton County, Tennessee, alleges:

1. Plaintiff, Rheubin M. Taylor, is a resident of Hamilton County, Tennessee.

2. Defendant, Weston Wamp, is the duly elected Mayor of Hamilton County, Tennessee.

3. The acts complained of herein occurred in Hamilton County, Tennessee.

4. On or about June 30, 2021, Rheubin Taylor entered into a 48 month contract with Hamilton County, Tennessee to provide legal services to Hamilton County, Tennessee. A copy of the contract is attached hereto as Exhibit A.

5. The contact referred in paragraph 4 above is a contract to provide legal services to Hamilton County, Tennessee, and, as such, is a contract within the administrative, as opposed to legislative, acts of the Hamilton County, Commission.

6. The contract is an enforceable agreement approved and executed by the appropriate government authority pursuant to Tenn. Code Ann. § 7- 51- 903.

7. By letter, dated October 14, 2022, Weston Wamp, purported to terminate the contract referred to in paragraph 4, effective immediately. Weston Wamp did not have the unilateral authority to terminate the contract and/ or Rheubin M. Taylor' s employment with Hamilton County and/ or the Hamilton County Commission, nor did he provide notice or seek approval of the County Commission to do so. A copy of the letter is attached hereto as Exhibit B.

8. At some point on or after October 14, 2022, Weston Wamp caused the IT Department of Hamilton County to confiscate the computer of Rheubin Taylor, the contents of which contained information protected by the attorney - client privilege. In addition, with his computer disconnected from the Hamilton County server, Rheubin M. Taylor was inhibited in the services he was required to perform for the County under his contract.

9. On or about October 18, 2022, Rheubin Taylor complained to the Office of the Mayor of Hamilton County of the confiscation of documents protected by the attorney-client privilege and demanded that the contents be returned.

10. To date, the privileged material has not been returned, nor has The computer been reconnected.

11. On October 19, 2022, the Hamilton County Commission passed a number of resolutions, one of which affirmed the contract referred to in paragraph 4.

12. The Attorney General of the State of Tennessee has issued an opinion, the effect of which is that administrative actions of a county commission may not be vetoed by a mayor. A copy of that Opinion is attached hereto as Exhibit C. Tenn. Code Ann. § 5- 6- 107( a) provides a county mayor with the power to veto legislative resolutions, but that the veto power " shall not apply to resolutions in which the legislative body is exercising administrative or appellate authority."

13. Because the action of the Hamilton County Commission in Affirming the contract of Rheubin M. Taylor is an administrative act, Defendant Weston Wamp may not veto it.

14. Although Wamp may not veto the action of the Hamilton County Commission he has indicated that he will do so, but even if he could veto the resolution, he must do so within ten days of the action of the Commission, or October 29, 2021. Wamp has indicated that he believes he has until October 31, 2022, to veto the action of the County Commission, but as of the time of the filing of this Complaint he has not done so, but has stated that he intends to do so.

15. Employee benefits, including health benefits, have been provided to Rheubin M. Taylor and his family, which will cease on October 31, 2022, due to the instructions or directions of Weston Wamp.

16. The benefits referred to in the previous paragraph are crucial to Rheubin Taylor and his family because his wife has a heart condition. Without the benefits, Rheubin M. Taylor will suffer immediate and irreparable harm in the form of a loss of health care for himself and his wife, in addition to the anxiety and insecurity associated with this loss.

17. Unless Weston Wamp is temporarily restrained from continuing to interfere with the contract between Hamilton County and Rheubin Taylor and insisting that Rheubin Taylor has been terminated, not only will Rheubin Taylor lose his employee benefits on October 31, 2022, but he will be unable to perform the services required under his contract with the County Commission. REQUEST FOR INJUNCTIVE RELIEF

18. Rheubin M. Taylor repeats and realleges the allegations contained in paragraphs 1 through 17.

19. Weston Wamp' s intentional, unlawful, wanton, and unnecessary conduct has substantially interfered, and will continue to interfere, with Rheubin M. Taylor' s rights and benefits pursuant to his position and the contract referenced herein. Weston Wamp's conduct will continue and will cause irreparable harm to Rheubin M. Taylor' s rights and benefits unless and until Weston Wamp' s conduct is enjoined and remedied.

20. Rheubin M. Taylor avers that the injunctive relief requested herein is the only remedy that will adequately protect Plaintiff' s rights and benefits from being further harmed by Weston Wamp' s intentional, unlawful, wanton and unnecessary conduct; that Plaintiff' s rights and benefits will suffer immediate and irreparable harm if the requested injunctive relief is not immediately provided; that any detriment to the Defendant by the granting of the requested injunctive relief does not outweigh the benefit of such injunctive relief to Plaintiff; that the recent adoption of a resolution of the Hamilton County Commission on about October 19, 2022 to reaffirm the contract for legal services with Rheubin M. Taylor approved on or about June 30, 2022 provides a likelihood that Rheubin M. Taylor should succeed in enforcing his contract; and that the public interest will be served by the Court providing the injunctive relief requested herein.

FIRST REQUEST FOR DELCARATORY JUDGMENT

21. Rheubin Taylor repeats and realleges the allegations contained in paragraphs 1 through 17.

22. Weston Wamp has taken the position that he has validly and unilaterally terminated the contract/ employment of Reuben Taylor by asserting his contract cannot continue past the term of the prior Hamilton County Mayor and Commission, which ended August 31, 2022.

23. Pleading in the alternative to Plaintiff' s position that Weston Wamp has no standing to terminate the contract between Rheubin M. Taylor and Hamilton County and/ or the Hamilton County Commission, Rheubin M. Taylor alleges that his contract does extend past the term of the prior County Commission and constitutes a valid and enforceable contract. Wamp' s conduct has been and continues to be interference with that contract.

24. Rheubin M. Taylor seeks a declaration that his contract with Hamilton County, Tennessee is valid and enforceable and continues to be valid and enforceable.

25. Unless restrained and enjoined, Weston Wamp will continue to interfere with the contract/ employment between Rheubin M. Taylor and Hamilton County, Tennessee.

SECOND REQUEST FOR DELCARATORY JUDGMENT

26. Rheubin M. Taylor repeats the allegations of paragraphs 1 through 17.

27. Pleading in the further alternative, the Hamilton County Commission, by its action on October 19, 2022, has affirmed the contract/ employment between Rheubin M. Taylor and the Commission, and Wamp has no standing to veto it.

28. Wamp, nevertheless, has continue to insist that he has the Authority to veto the actions of the Hamilton County Commission.

29. Rheubin M. Taylor seeks a declaration that his contract/ employment with Hamilton County, Tennessee is valid and enforceable and continues to be valid and enforceable.

30. Unless restrained and enjoined, Weston Wamp will continue to interfere with the contract/ employment between Rheubin M. Taylor and Hamilton County, Tennessee.

WHEREFORE, Rheubin M. Taylor prays:

1. That the Court immediately issue a temporary restraining order setting forth that Weston Wamp be immediately restrained and enjoined from undertaking any further action preventing Rheubin M. Taylor from receiving the benefits of the contract/ employment or completing his services pursuant to the contract/ employment and that he be required to take any corrective action necessary. A full hearing be scheduled on the relief requested herein.

2. In the alternative, declare that Weston Wamp did not have the unilateral authority to terminate the contract/ employment between Rheubin M. Taylor and Hamilton County and/ or the Hamilton County Commission; that Plaintiff' s contract/ employment with Hamilton County and/ or the Hamilton County Commission is valid and enforceable; that Rheubin M. Taylor is entitled to the rights/ benefits provided by such contract/ employment; that the Court declare that Weston Wamp is wrongfully interfering with a valid contract/ employment between Rheubin M. Taylor and Hamilton County, Tennessee and temporarily and permanently restraining and enjoining him from persisting in his insistence that the contract/ employment of Rheubin M. Taylor has been terminated and taking action in accordance therewith; requiring him to return the documents covered by the attorney -client privilege ( and destroy any copies) together with his costs and disbursements.

3. That Rheubin M. Taylor have such other, further and general relief as the equity and justice of this cause may require, including attorney' s fees and court costs.

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