Rubin Taylor
Longtime county attorney Rubin Taylor said he was looking to fire him in 2021, despite having a four-year contract awarded by the previous county commission, to the new county. A lawsuit was filed against Chief Weston Wamp.
He said the contents of his computer were stolen, including attorney and client documents.
Taylor County Attorney also said his health insurance benefits are due to end on October 31. He said the benefits are important because his wife has heart disease.
Prime Minister Jeff Atherton filed a temporary restraining order, keeping Taylor as county attorney.
The order says the county attorney is likely to win on the merits.
The lawsuits filed in Chancery Court include:
Regarding the complaint against Weston Wamp, mayor of Hamilton County, Tennessee, attorneys for Rheubin M. Taylor allege:
1. Plaintiff Rubin M. Taylor is a resident of Hamilton County, Tennessee.
2. Defendant Weston Wamp is the duly elected mayor of Hamilton County, Tennessee.
3. The conduct alleged here 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 agreement is attached as Exhibit A.
5. The contact referred to in Section 4 above is a contract to provide legal services to Hamilton County, Tennessee and, as such, is a contract within an executive act and not a legislative act of the Hamilton County Commission. .
6. The contract is an enforceable contract approved and executed by an appropriate governmental authority in accordance with the Ten Code Anne. § 7-51-903.
7. By letter of Weston Wamp dated 14 October 2022, for the purpose of immediately terminating the agreement referred to in Section 4. Weston Wamp does not have unilateral authority to terminate the contract with Hamilton County and/or the Hamilton County Commission and/or the employment of Rheubin M. Taylor to notify or seek approval from the County Commission. There was no A copy of the letter is attached as Exhibit B.
8. Sometime after October 14, 2022, Weston Wamp caused the Hamilton County IT department to confiscate Rheubin Taylor’s computer. Its contents included information protected by attorneys. Additionally, because his computer was disconnected from Hamilton County servers, Rheubin M. Taylor was barred from any services he was required to perform for the county under his contract.
9. On or about October 18, 2022, Rheubin Taylor filed a complaint with the Hamilton County Mayor’s Office about the seizure of documents protected by attorney-client privilege and demanded that the contents be returned.
10. To date, no award materials have been returned and computers have not been reconnected.
11. On October 19, 2022, the Hamilton County Commission passed a number of resolutions, one of which confirmed the agreement referred to in paragraph 4.
12. The Tennessee Attorney General issued an opinion. As a result, the mayor cannot refuse the county commission’s administrative action. A copy of that opinion is attached hereto as Exhibit C. Tenn. Code Ann. § 5-6-107(a) gives the mayor the power to veto a legislative action, but that veto power “does not apply to resolutions in which the legislative body is exercising executive or appellate powers.” stipulated.
13. Because the Hamilton County Commission’s action to confirm Rheubin M. Taylor’s contract is an administrative act, Defendant Weston Wamp cannot refuse it.
14. Wamp cannot veto the action of the Hamilton County Commission, although he has indicated that he does, but even if he could veto the resolution, he would have ten days from the action of the Commission. or 29 October. 2021. Wamp has indicated that it believes it must veto the county commission’s action by October 31, 2022, although it did not at the time of filing this complaint. , has stated that it intends to do so. So.
15. Employee benefits, including health benefits, ending October 31, 2022, were provided to Rubin M. Taylor and his family at the direction or direction of Weston Wamp.
16. The benefits mentioned in the previous paragraph are very important to Rheubin Taylor and his family because his wife has heart disease. Without benefits, Rheubin M. Taylor would suffer immediate and irreparable damage in the form of loss of health care for himself and his wife, in addition to the anxiety and unease associated with this loss. increase.
17. Unless Weston Wamp is temporarily restrained from continuing to interfere in the contract between Hamilton County and Rubin Taylor, claiming that Rubin Taylor was fired, Rubin Taylor will be released on October 31, 2022. to lose employee benefits, as well as to perform services required under contract with the county commission.Seeking Injunctive Relief
18. Rheubin M. Taylor repeats and restates the allegations contained in paragraphs 1-17.
19. Weston Wamp’s willful, unlawful, unjust and unnecessary conduct has, and will not, materially interfere with Rheubin M. Taylor’s position and rights and interests under the contract referenced herein. will continue. Weston Wamp’s conduct will continue and irreparably harm the rights and interests of Rheubin M. Taylor unless Weston Wamp’s conduct is prohibited and remedied.
20. Rheubin M. Taylor argues that the injunctive relief sought herein is the sole and sole adequate protection of plaintiffs’ rights and interests from being further impaired by Weston Wamp’s willful, unlawful, unjust and unnecessary conduct. I swear it’s a remedy. If the requested injunctive relief is not immediately provided, the plaintiff’s rights and interests will be immediately and irreparably harmed. The prejudice to the defendant from the grant of the requested injunctive relief shall not outweigh the benefit of such injunctive relief to the plaintiff. By adoption of a recent resolution of the Hamilton County Commission on or about October 19, 2022 to reaffirm the contract for legal services with Rubin M. Taylor, which was approved on or about June 30, 2022, Rubin M. Taylor will likely be successful in enforcing his contract; that the public interest will be served by a court providing the injunctive relief requested herein;
First Request for Declarative Judgment
21. Rheubin Taylor reiterates and reaffirms the arguments contained in paragraphs 1-17.
22. Weston Wamp has terminated the contract/employment of Reuben Taylor by arguing that the contract cannot be continued beyond the term of the previous Hamilton County Mayor and Commission which ended on August 31, 2022. It has taken the position that it was validly and unilaterally terminated.
23. In lieu of plaintiff’s position that Weston Wamp is ineligible to terminate the contract between Rheubin M. Taylor and Hamilton County and/or the Hamilton County Commission, Rheubin M. constitutes a valid and enforceable contract of the previous county board claiming to have been extended beyond the term. Wamp’s actions have and will continue to interfere with that contract.
24. Rheubin M. Taylor seeks a declaration that the contract with Hamilton County, Tennessee is valid and enforceable and remains valid and enforceable.
25. Unless restrained and prohibited, Weston Wamp will continue to interfere in contracts/employment between Rheubin M. Taylor and Hamilton County, Tennessee.
Request for second petition
26. Rheubin M. Taylor repeats the arguments in paragraphs 1-17.
27. The Hamilton County Commission, by action on October 19, 2022, confirmed the contract/employment between Rubin M. Taylor and the Commission and further noted that Wamp was not entitled to refuse it. I am appealing as an alternative.
28. Nonetheless, Wamp continues to maintain that it has the power to veto the action of the Hamilton County Commission.
29. Rheubin M. Taylor seeks a declaration that the contract/employment with Hamilton County, Tennessee is valid and enforceable and remains valid and enforceable.
30. Unless restrained and prohibited, Weston Wamp will continue to interfere in contracts/employment between Rheubin M. Taylor and Hamilton County, Tennessee.
Therefore, Rheubin M. Taylor prays:
1. The Court found that Weston Wamp was immediately bound and prohibited Rheubin M. Taylor from taking any further action preventing him from benefiting from the contract/employment or from completing his services pursuant to the contract/employment. Immediately issue a temporary restraining order as prescribed. In addition, it is necessary to take necessary corrective measures. A full hearing is scheduled for the relief requested here.
2. Alternatively, Weston Wamp declares that it had no 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; Rheubin M. Taylor is entitled to the rights/benefits provided by such contract/employment; . The court declared that Weston Wamp was unlawfully interfering with a valid contract/employment between Rheubin M. Taylor and Hamilton County, Tennessee, and Rheubin M. Taylor’s contract/employment was terminated and We are taking steps accordingly. Attorney-Requests him to return (and destroy copies of) documents subject to client privilege, along with his costs and expenses.
3. Rheubin M. Taylor to obtain such other general remedies as required by the impartiality and justice of this cause, including attorneys’ fees and court costs;
