KNOX COUNTY — Knox County Mayor Glenn Jacobs has called for a special session of the county commission, pushing again for the proposed settlement of a lawsuit involving the pensions of sheriff's deputies.
The session was scheduled for Thursday, Oct. 25 at the City County Building at 4 p.m.
Earlier this year, Knox County Law Director Bud Armstrong filed a suit against seven retired Knox County deputies and the pension board.
"I want to get this matter resolved. I want to get it settled. I want to get a settlement that is fair for everybody," Jacobs said. "All of this has already been budgeted, so the settlement is a good settlement."
After an hour and a half in the courtroom, Chancellor John Weaver set a hearing for Oct. 29 to discuss the legality and validity of a settlement filed by Knox County that aims to put an end to the pension lawsuit that Mayor Jacobs said has already cost taxpayers more than $600,000.
After the hearing, Mayor Jacobs announced his intentions to hold a special session of commission as soon as possible to discuss the settlement.
Mayor Jacobs, Sheriff Tom Spangler, and at least three commissioners including Randy Smith, Michele Carringer, and Justin Biggs were among the onlookers inside the packed courtroom Wednesday morning to discuss a settlement Jacobs announced earlier this month.
The question about who has the power to do what in Knox County is now in question.
Lawyers representing the Law Director Armstrong argued he has power over the mayor and commission in this situation.
Mayor Jacobs said that puts the county in a dangerous power struggle in conflict with the county charter.
"Just like the constitution of the United States of America, our charter is built upon a delicate system of checks and balances to ensure that our government is operating correctly," said Jacobs. "I think that calls that into questions somewhat."
Knox County Sheriff Tom Spangler said the ongoing litigation puts his deputies in limbo, unable to know what they will have when they retire.
"It’s got a little bit of a cloud over the head of those who may be eligible to retire and are just not sure what’s going on," said Spangler. "For us to resolve this means that our officers know that they have a pension now that they have been promised from the very beginning and they can go on and plan their retirement and not worry about all of this litigation going on."
Jacobs held a news conference on Oct. 2 where he announced that he had signed a proposal to settle a lawsuit where, he said, the county was essentially suing itself.
"This is the result of a disagreement between the pension board and the Knox County law director over the county’s Uniformed Officers Pension Plan, the UOPP. Unfortunately, some of our retired Sheriff's Deputies have also been caught up in this."
At the same news conference, he asked the Knox County Commission to approve it.
On Monday of this week, the Knox County Commission voted down the resolution to add the item to the commission's agenda on Oct. 22.
Even though six commissioners voted to add the item, it failed to receive the necessary two-thirds majority to do so.
"The fact that you can’t even have a discussion on the issue, whether you believe that you’re going to pass it, whether you believe that it’s lawful according to the charter, I think was shameful," said Jacobs. "We operate in a system where transparency is upmost. And when that doesn’t happen and we can’t even talk about something, that’s unacceptable."
Jacobs said he thinks the proposed settlement is 'fair to everyone,' saying it would provide retirees the benefits they earned and would be budgeted to ensure it isn't footed by taxpayers. The mayor said the 'whole mess' started after the County Law Director, Bud Armstrong, sued the County Retirement and Pension Board.
"'The Law Director has only one client, the government of Knox County, acting through its duly authorized officials.' So the question is this: is it within the Law Director’s purview to initiate a lawsuit on his or her own authority, especially when suing the Knox County government itself, or in this case a board created by the Knox County Charter," Jacobs said.
In court Wednesday, the law director's attorneys argued they had not reached a settlement and therefore, there could not be a preliminary approval for a settlement granted by the chancellor. The law director's attorneys also spoke hypothetically, arguing that the law director has power over the Mayor and the commission to not dismiss the suit, even if the mayor and commission tells them to.
It comes down to the authority of the mayor versus the authority of the law director versus the authority of the commission. The law director's attorneys argued that if the law director believes something is not just, the law director is allowed to go against the mayor and commission.
The chancellor's goal is to try to answer the question of who has power in the county.
The law director is elected but works for the county under the mayor. However, the mayor is a client of the law director.
The mayor is the chairman of the pension board.
After the Oct. 29 hearing, there will be a fairness hearing on Nov. 5 and if it comes down to a trial, it will begin on Nov. 12.