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Published: June 18, 2009 02:45 pm    print this story  

Lawyer selected to defend county officials in Smith lawsuit

By Heather Mullinix / hmullinix@crossville-chronicle.com

The Cumberland County Election Commission has selected Jeff Beemer to defend the commission members and Administrator of Elections Sharon York in a Chancery Court suit filed by former Administrator Suzanne Smith.

Beemer had already been employed by the county's insurance carrier to defend the commission in a circuit court lawsuit.

"Our hope is this person will be infinitely familiar with all of the actions and everything that is going on. If he can defend us in one, he can help defend us in the other," said Calvin Smart, chairman of the commission.

Thomas Henderson moved to approve the appointment, seconded by Denver Cole. It was approved on a voice vote.

Smith is seeking up to $6.5 million in the two suits as well as reinstatement to her position and back pay plus benefits for the time she has been out of work.

In May, a complaint was filed in Circuit Court for Cumberland County naming the three newly appointed Republican election commissioners, Smart, Cole and Henderson, as defendants who voted to name York administrator of elections during the April 22, 2009 meeting. Democrats Lisa Phillips and Bob Austin of the election commission voted against the motion and were not named.

The suit against the three defendants sues them collectively for up to $500,000 for compensatory damages and each individual for punitive damages of up to $2 million.

A Chancery Court suit also filed in May seeks a writ of certiorari asking Chancellor Ronald Thurman to review the decision of the election commission from April 22, 2009, find the meeting to be "illegal and void" regarding the termination of Smith and to reinstate her job immediately.

Last week, county attorney Jim Thompson notified Tennessee Coordinator of Elections Mark Goins he would not defend the county in the suits, stating he has a professional conflict in the matter.

Thompson also wrote the county did not feel it should be responsible to defend the election commission.

"He [County Mayor Brock Hill] feels since the State Election Commission seated the commissioners, the state is obligated to defend them, not the county," Thompson wrote. "Therefore the purpose of this letter is to advise you the county will not defend the Chancery Court action."

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