County Commission members are not further entangled in the legal battle between County Mayor Weston Wamp and County Attorney Rheubin Taylor.
Chancellor Jeff Atherton has signed an order making the commissioners parties to the litigation.
Commissioners on Wednesday discussed the situation and said they would not need to bring in legal counsel of their own.
The commission earlier used attorney John Konvalinka and may bring him back into the case. He was paid $10,000 for the earlier work.
Commissioners raised questions about whether the county could be liable for more than $25,000 to County Mayor Wamp's attorney, Barret Albritton. The county mayor said he was hired under a limit of just under $25,000. If the amount is $25,000 or above, the commission would have to give its approval.
Commissioners asked if there could be separate invoices under $25,000 that could make the total to attorney Albritton go above the $25,000 limit. They were advised that the $25,000 limit would be for the remainder of this fiscal year going through the end of June.
Commissioner Steve Highlander said "A lot of my constituents want to know why can't reasonable adults work it out or just follow the contract. I have had quite a bit of consternation from my group on suing ourselves."
County Mayor Wamp earlier sent a letter to County Attorney Taylor saying he was being fired. County Attorney Taylor has stayed on, saying he has a contract through 2024.
Attorney Taylor filed suit against the county mayor on the issue, and the county mayor recently filed an answer and counter-suit.
Chancellor Atherton denied a request from attorney Albritton that he recuse himself on the basis that he had sat in on some of the commission discussions of the case.
Here is the order relating to adding the County Commission members to the case:
This cause was heard on December 2, 2022, pursuant to the Motion to Recuse and the Motion to Continue filed by Defendant/ Counter- Plaintiff Weston Wamp, as Mayor of Hamilton County, Tennessee (" Mayor Wamp").
During the hearing and through discussion with counsel, the Court, sua sponte, determined that the Hamilton County Board of Commissioners should be joined as a party to this litigation pursuant to Tenn. R. Civ. P. 19. 01.
Counsel for Mayor Wamp asserted in response that no claims were asserted against the Hamilton County Board of Commissioners. 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.
The reasoning surrounding the Court's decision is set forth in pages 30- 55 of the attached transcript which the Court adopts and incorporates by reference. Accordingly, it is ORDERED that the Hamilton County Board of Commissioners must be joined to this litigation as a Counter -Defendant pursuant to Tenn. R. Civ. P. 19. 01.
It is further ORDERED that Mayor Wamp shall have process issued and serve the Hamilton County Board of Commissioners with his Answer and Counterclaim.