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David G. Young v. City of LaFollette
353 S.W.3d 121
Tenn. Ct. App.
2011
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: David G. Young v. City of LaFollette
Court Name: Court of Appeals of Tennessee
Date Published: May 20, 2011
Citation: 353 S.W.3d 121
Docket Number: E2010-00653-COA-R3-CV
Court Abbreviation: Tenn. Ct. App.