David G. Young v. City of LaFollette
353 S.W.3d 121
Tenn. Ct. App.2011Background
- Young was suspended (Aug. 4, 2009) and later terminated (Sept. 1, 2009) as City Administrator of LaFollette.
- A grievance filed by City Clerk Lynda White described concerns including alleged threats, sexual remarks, aggression, and overtime issues.
- LaFollette appointed Fire Chief Gary Byrd to investigate; Byrd recused and delegated to Ernie Hill.
- Council voted 3-2 to suspend Young and then 3-2 to terminate him after questioning witnesses and reviewing Hill's report.
- Young sought a writ of certiorari in Campbell County Chancery Court; the trial court ruled in his favor, annulling the LaFollette proceedings and awarding discretionary costs to Young.
- On appeal, the Tennessee Court of Appeals reversed, holding LaFollette acted within its authority under its charter and policies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LaFollette acted fraudulently, illegally, or arbitrarily in Young’s suspension and termination. | Young (as plaintiff) contends improper process and lack of evidence. | LaFollette argues it followed charter authority and that the Handbook did not bind Young. | No; LaFollette acted within its authority and there was no sufficient evidence of fraud/arbitrariness. |
| Whether the Handbook applied to Young and restricted LaFollette’s actions. | Young relies on the Handbook to claim limits on termination. | Handbook exempts certain positions; Young was at-will and exempt; handbook not binding on him. | Handbook did not apply to Young; City Charter allowed termination by majority vote. |
| Whether the City Charter requirement for removal by majority vote was satisfied. | Due process and proper procedure were allegedly not followed. | Majority vote by City Council satisfied charter requirements; no public hearing required. | Yes; termination complied with the Charter’s removal provision. |
| Whether the trial court properly reviewed the record under the common law writ of certiorari. | Trial court properly annulled LaFollette’s actions. | Review is narrow; court cannot reweigh evidence, only check jurisdiction, legality, and arbitrariness. | The trial court erred in reversing; appellate review confirms lack of fraud/arbitrariness. |
Key Cases Cited
- Hoover Motor Express Co. v. Railroad & Public Utilities Commission, 195 Tenn. 593, 261 S.W.2d 233 (Tenn. 1953) (scope of common law writ review; arbitrarily illegal actions may be quashed)
- Watts v. Civil Serv. Bd. for Columbia, 606 S.W.2d 274, 277 (Tenn. 1980) (limits of chronic review; narrow scope of certiorari review)
- Lafferty v. City of Winchester, 46 S.W.3d 752 (Tenn. Ct. App. 2000) (scope of judicial review under common law writ of certiorari)
- McCallen v. City of Memphis, 786 S.W.2d 633 (Tenn. 1990) (trial court may not weigh evidence; review limited to jurisdiction/arbitrariness)
- Harding Academy v. Metropolitan Government of Nashville, 207 S.W.3d 279 (Tenn. Ct. App. 2006) (arbitrary or illegal action; sufficiency of evidence standard under certiorari)
- Wilson County Youth Emergency Shelter v. Wilson County, 13 S.W.3d 338 (Tenn. Ct. App. 1999) (scope of certiorari review; reliance on administrative record)
