Chancellor John Weaver has ruled that Knox County Law Director Bud Armstrong cannot continue his lawsuit against the county pension board. The memorandum opinion John Weaver Opinion_Pension Board came late Friday morning and said that Armstrong no longer has the authority to proceed with his effort to block a settlement agreement that has been approved by the pension board, the sheriff, the mayor and county commission – all clients of the law director’s office.
While Weaver conceded that the law director is an elected charter official and is not subordinate to county commission or the county mayor, he said that the law director is nevertheless “subject to their direction” when acting as Knox County’s attorney.
“The Knox County Charter’s broad grant of authority to the Law Director is as the County’s attorney only. The recent objections of the Knox County government, through its Mayor and Commission, burst the presumption of the Law Director’s capacity to continue with the prosecution of this case.”
The dispute arose from Armstrong’s contention that the county charter requires pension benefits to be calculated on a formula based on salary only, and that earned leave time should not be included in pension calculations. Armstrong opposed a proposed settlement between the deputies and the pension board that would have allowed up to 43 days unused leave time to be included in the formula for deputies covered by the Uniformed Officers Pension Plan.
Mayor Glenn Jacobs signed on earlier this month, and last week county commission voted 7-1 to approve the compromise agreement, as well.
Sheriff Tom Spangler said he and his employees are happy and relieved by Weaver’s decision.
“Now the men and women of the Sherriff’s Office – those who are retired and those currently under the UOPP – can rest. Obviously, this has weighed on them, not knowing if they were going to have money taken from them that was promised to them by the pension board,” he said.
Attorney Herb Moncier, who represents Captain James Carson, an active deputy who is covered by the UOPP, echoed Spangler’s sentiments. Moncier has hammered the point that the lawsuit has already cost the county more than $600,000, and the figure would get much steeper if the case goes to trial.
“We’re obviously very pleased that the court saw it the way we presented it. And (we’re pleased) for the people of Knox County. We were prepared file responses to the huge documents they (attorneys Armstrong appointed to represent him in suing the pension board) filed before the last hearing.”
The hearing scheduled for Monday morning, is still on, and although the law director could file interlocutory appeal (an appeal taken before final disposition), Armstrong has said he will not contest Weaver’s ruling.
