Posted on 06/27/2007 7:36:13 AM PDT by SmithL
NASHVILLE - A judge Tuesday closed one door in legal attempts to deny expanded pension benefits to former Knox County Sheriff Tim Hutchison but left another open.
Davidson County Chancellor Ellen Hobbs Lyle dismissed motions by Knoxville attorney Herbert S. Moncier seeking to revoke Hutchison's certification as a law enforcement officer.
She based the dismissal on legal procedural rules without addressing the merits of Moncier's arguments, declaring he was trying to "resurrect" a lawsuit that is already dead in her court.
At the same time, however, the chancellor noted in a five-page order that Moncier filed a second lawsuit last week that would provide a more legally proper vehicle resolving the issues he has raised.
The second lawsuit has been assigned to Davidson County Chancellor Richard Dinkins, who had not scheduled a hearing on it. Lyle wrote that Dinkins may wish to transfer the case to her and, if so, "this court is prepared to make an immediate ruling on the request for emergency relief."
Moncier, acting on behalf of former Knox County Commissioner Bee DeSelm and others, contends the matter warrants "emergency" status because Hutchison will become eligible for an increase in pension benefits of about $60,000 per year on Sunday.
Lyle has ruled previously that she did not have jurisdiction over Hutchison and the various Knox County officials named as defendants in the original lawsuit, though she did have jurisdiction over the Peace Officers Standards and Training (POST) Commission. POST develops and enforces standards for law officers.
In her earlier ruling, she said the POST Commission, contrary to a 2003 state attorney general's opinion, could have revoked Hutchison's certification as a law enforcement officer as a result of being found guilty of criminal contempt of court.
She also said Moncier should have asked the POST Commission to change its mind before filing a lawsuit.
POST last week refused to revoke Hutchison's certification on an "emergency" basis and instead scheduled a hearing on the matter Aug. 16. Moncier contends that would be too late because pension benefits will begin Sunday.
Lyle held a 90-minute hearing Tuesday on the case, hearing arguments from Moncier, Lynne Edgerton, an assistant state attorney general representing the POST Commission, and attorney Jeffrey Thompson, who represents Hutchison.
The chancellor questioned the lawyers at some length, at one point saying she viewed Hutchison's actions involved in the criminal contempt convictions as "dishonest" and "misleading." Knox County Chancellor Daryl Fansler found the then-sheriff guilty of criminal contempt in 2003.
Edgerton and Thompson contend that even if the POST Commission decertifies Hutchison his pension benefits would not be impacted. Hutchison gave up office as a result of a state Supreme Court ruling in January on term limits
While Moncier argued that the former sheriff stands to collect a "financial windfall" to the detriment of Knox County taxpayers unless his certification is promptly revoked, Thompson said the opposite is true.
"He (Hutchison) will be the one who suffers irreparable harm if stripped (of pension rights)," said Thompson, adding that Moncier had "let four years go by. And now, all of a sudden, it's an emergency."
The second lawsuit has been assigned to Davidson County Chancellor Richard Dinkins, who had not scheduled a hearing on it. Lyle wrote that Dinkins may wish to transfer the case to her and, if so, "this court is prepared to make an immediate ruling on the request for emergency relief."
She sure sounds like she wants a shot at the Sheriff.
Former Knox County sheriff Tim Hutchison will receive his pension, beginning July 1, according to Sheriff Jimmy "J.J." Jones.
Jones said in a press release tpday that he had transferred Hutchison’s position from a sworn Merit Council assistant chief deputy to a sworn non-Merit Council assistant chief deputy of administration.
"The transfer moots the POST (Peace Officers Standards and Training) Commission issue that has caused so much wasteful and pointless litigation," according to a Jones’ press release.
The press release states that Kim Bennett of the Knox County Pension Board has stated that POST certification does not affect Hutchison’s pension.
On Tuesday, a Nashville judge closed one door in legal attempts to deny expanded pension benefits to Hutchison but left another open. . . .
http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_5605101,00.html
Sheriffs in the area and County Commissions go at it all the time and a lot of time it goes to court. Usually one or two county commissioners want to micro-manage the sheriffs department or the jail. In my county had a county commissioner who worried more about the comfort of inmates in the county jail than any other issue.
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