Carter County Sheriff Chris Mathes filed legal action against Carter County over underfunding in 2008. After $100,000 in attorneys' fees and a year of legal wrangling, the sheriff said he got most of what he wanted.
"It's an extremely tough choice to make," Mathes said. "It's a very difficult process politically. Some people say the county can be damaged."
Sheriffs are required to protect the community and run the jail under state statute, he said. Filing legal action, called a writ of mandamus, is the only method a sheriff has if a county is not properly funding a department.
Sullivan County Sheriff Wayne Anderson is in the process of filing a similar action against Sullivan County, after months of threatening to do so during budget negotiations. Anderson says his department is underfunded, and the commissioners denied his request for an extra $1.4 million last month.
"We have met with the sheriff twice," said Richard Pectol, a Johnson City attorney who represented Mathes and is representing Anderson. "We are in the process of filing a lawsuit against Sullivan County."
Mathes said that as a result of his suit, he was awarded an extra $500,000 in funding, which included an increased number of deputies, jail wardens and equipment. He was, however, not awarded increased pay for his staff, as requested in the suit.
"I didn't get all I wanted but I didn't ask for all I wanted," Mathes said.
Terry Hazard, University of Tennessee County Technical Assistance Service sheriff management consultant, said he is aware of six or seven sheriffs across the state who are contemplating similar lawsuits.
"It seems this particular year more sheriffs are considering filing a lawsuit," Hazard said, adding that tight budgets around the state might be forcing sheriffs to make some tough decisions.
Hazard said that most of the time the sheriff comes out ahead in these types of legal actions because the law is fairly clear. A sheriff, like Anderson, can easily prove to a judge that he is not able to do his job adequately, Hazard said.
He said many times a county will settle before the sheriff files legal action or before the case goes to trial.
"The majority settle before the judge is involved," Hazard said.
All constitutional office-holders in Tennessee have the legal right to seek more funding, Hazard said.
Pectol said it is a difficult process for a sheriff to seek legal action and something that should not be done without a lot of thought.
"I think you had in Carter County, much like you have with the sheriff in Sullivan County, where he had no choice but to seek relief in the court," Pectol said. "It really puts the sheriff in an unusual position. ... It's an expensive process, and I would urge a county to resist it. In Carter County, we tried to resolve it, and Carter County would not."
Mathes said the legal action is difficult in many ways, partly because it can damage relationships. He said some people took the lawsuit personally, but he always considered it a business dispute.
"It strained some relationships," Mathes said.
Pectol said the lawsuit in Sullivan County will be filed by the end of the month. Anderson has 30 days to file the suit after the County Commission adopted a budget July 30.
Sullivan County Mayor Steve Godsey said he would not comment on the pending legal action.
jshea@bristolnews.com
(276) 645-2511
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