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Lawsuit filed against Macon County School Board

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On May 10th, 2022 a lawsuit was filed with the Macon County Clerk and Master’s Office against the Macon County School Board and the citizens and residents of Macon County.

Attorney Kenneth S Williams of Wimberly Lawson, Wright Davis & Jones PLLC of Cookeville has been retained by the TN Risk Management Company for the defendants and he had ‘no comment’ regarding this action at this time.

 A copy of the lawsuit obtained through the open records law is printed below:

IN THE CHANCERY COURT FOR MACON COUNTY TENNESSEE AT LAFAYETTE

CYNTHIA A GAMMONS, A citizen and resident of Macon County, Tennessee, Plaintiff,

VS.

MACON COUNTY SCHOOL BOARD and its members consisting of LIONEL BORDERS, TIM CASE, DALE HIX, BOBBY LIKENS, WAYNE MARSH, All citizens and residents of Macon County, Tennessee, Defendants.

COMPLAINT

Comes the Plaintiff, Cynthia A Gammons, and would respectfully show the Court as follows:

  1. That the Plaintiff, Cynthia A Gammons, is a citizen and resident of Macon County, Tennessee.
  2. That the Defendant, Macon County School Board, is the body of duly elected members for Macon County, Tennessee.
  3. That the Defendant, Lionel Borders, is a duly elected member of the Macon County School Board and a citizen and resident of Macon County, Tennessee. 
  4. That the Defendant, Tim Case, is a duly elected member of the Macon County School Board and a citizen and resident of Macon County, Tennessee.
  5. That the Defendant, Dale Hix, is a duly elected member of the Macon County School Board and a citizen and resident of Macon County, Tennessee.
  6. That the Defendant, Bobby Likens, is a duly elected member of the Macon County School Board and a citizen and resident of Macon County, Tennessee.
  7. That the Defendant, Wayne Marsh, is a duly elected member of the Macon County School Board and a citizen and resident of Macon County, Tennessee.
  8. This Court has jurisdiction of this action under Tenn. Code Ann. § 8-44-106.
  9. Venue is proper in that the actions occurred in Macon County, Tennessee.
  10. That the Plaintiff would state that the Macon County Board of Education had a vacancy for the Director of School Position based on the resignation of the current Director.
  11. That Plaintiff would state she made application for the position of Director of Schools for the Macon County School System.
  12. That several other candidates made application for the Director of School position.
  13. That Plaintiff would state that upon information and belief, after the current director resigned his position, Mr. Borders and Mr. Case spoke to one candidate directly about applying for the position.
  14. That Plaintiff would state that upon information and belief, certain Board members met privately multiple times regarding the hiring of a Director of Schools, in violation of Tenn. Code Ann. § 8-44-101 et seq.
  15. That upon information and belief Board Members convened behind closed doors at Case Transmission on or about March 14, 2022 to discuss Macon County School business.
  16. That upon information and belief one of the candidates was provided the interview questions prior to the interview process.
  17. That Plaintiff would state that upon information and belief, a group text message was sent to members stating that the board needed to get together and vote for one of the local candidates, in violation of Tenn. Code Ann. § 8-44-101 et seq.
  18. That pursuant to the qualifications of each candidate, Plaintiff has the most qualifications for the position. That after the initial interview, Plaintiff was not granted a second interview.
  19. That Plaintiff and one other candidate are residents of Macon County, Tennessee.
  20. That Plaintiff was the only female candidate.
  21. That the Board voted on April 22, 2022 to appoint Rick Duffer as the Director of Schools.
  22. That the Board continues to call special meetings in an attempt to hurriedly get the contract signed with the Board’s proposed candidate, which obviously makes it more difficult to have the vote set aside.
  23. That pursuant to Tenn. Code Ann. § 8-44-105, the actions of the Board should be nullified based on multiple violations of the Tennessee Open Meetings Act.
  24. That Plaintiff would request a restraining order, restraining the Board from entering into a contract with Rick Duffer based on the violation of the Tennessee Open Meetings Act. If a restraining order is not granted the Plaintiff and citizens of Macon County will suffer immediate and irreparable harm.
  25. That based upon the Defendants actions this Honorable Court should impose Judicial oversight in the process of selecting the next Director of Schools.
  26. That if the Defendants continue to violate the Tennessee Open Meetings Act the Defendants should be removed from their position.

WHEREFORE, PLAINTIFF PRAYS:

  1. That process issue and be served upon the Defendants requiring them to answer this Complaint within the time prescribed by law, but oath to their answer is expressly waived.
  2. That the Court grant a Temporary Restraining Order, without notice or hearing, immediately, upon Plaintiff posting sufficient bond therefore, restraining and enjoining the Defendants, Macon County School Board and its members, and/or its agents from entering into, signing, or agreeing to a contract with Rick Duffer for the position of Director of Schools for Macon County, Tennessee.
  3. That the Macon County School Board and its members be found guilty of violation of Tenn. Code § Ann. 8-44-101 et. seq.
  4. That the Macon County School Board and its members be required to submit to Judicial oversight.
  5. That the Plaintiff be allowed time to investigate all of the violations of Tenn. Code Ann. § 8-44-101 et. Seq.
  6. That the Defendants be adjudged attorney fees and discretionary costs of the Plaintiff, all court costs and discretionary costs of this action.
  7. That the Plaintiff be granted such other, further and general relief to which the Plaintiff may be entitled.

PLAINTIFF DEMANDS A JURY OF TWELVE (12) TO TRY THIS MATTER.

THIS IS THE FIRST APPLICATION OR EXTRAORDINARY RELIEF.

(Signed) CYNTHIA A GAMMONS, Plaintiff

(Signed) ZACH TAYLOR, Attorney for Plaintiff, Donoho, Taylor & Taylor

We are sureties for the cost of this cause.

(Signed) ZACH TAYLOR

 

 

OATH

I, Cynthia A. Gammons, make oath that the matters alleged in the foregoing Complaint, are true and correct to the best of my knowledge, information, and belief and that the Complaint is not made out of levity or by collusion with the Defendants, but in truth and sincerity for the causes mentioned therein.

(Signed) Cynthia A. Gammons

State of Tennessee

County of Trousdale

Sworn to and subscribed before me on this 10th day of May, 2022.

(Signed & Sealed) Zach Taylor, Notary Public

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