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Judicial commission hires third‑party investigator, places two commissioners on leave

August 09, 2023 | Wilson County, Tennessee


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Judicial commission hires third‑party investigator, places two commissioners on leave
Unidentified Speaker 2 called the judicial commission to order and the body approved the minutes before moving to address a pending legal matter. Unidentified Speaker 1 (legal counsel) told members the commission could meet in executive session because there is a pending or threatened lawsuit involving the county commission under the Smith County Education Association Act.

Legal counsel recommended hiring a third‑party investigator, Angelita Fisher, to investigate both a filed complaint and a letter from an attorney threatening legal action. "She is willing to take on the responsibilities, and she has indicated to me that she thinks she can complete within 15 days," Unidentified Speaker 1 said, while adding the commission should allow up to 21 days if needed. Unidentified Speaker 3 moved to employ Angelita Fisher "to investigate both the complaint and the threatened legal action," Unidentified Speaker 2 seconded, and members voted in favor.

The commission also decided to place the two judicial commissioners who are the subjects of the complaint and the counter‑complaint on administrative leave with pay for up to 21 days while the investigation proceeds. Unidentified Speaker 2 explained the move as a temporary administrative step tied to the ongoing inquiry; members voted to approve the leave.

Members addressed interim leadership for the Judicial Commission Office. Unidentified Speaker 3 moved to appoint Stacy Swindell as interim director for 21 days or until the regular director returns, "if she agrees;" Unidentified Speaker 2 seconded and the motion passed. Unidentified Speaker 1 advised that communications about the matter should be tightly controlled: "Not to talk to any of the individuals involved, other than this Swindell, of course… the less said the better while this investigation is going out." Counsel said he would communicate only with attorneys, the investigator, and Swindell as needed.

The commission discussed potential external 'feeds'—for example, remote access to cameras or complaint‑tracking software—and whether employees on leave should be barred from accessing the office systems. Legal counsel recommended that the employees on administrative leave should not return to the office except to retrieve personal belongings; Miss Scruggs volunteered to accompany them for that purpose. Members agreed that county‑owned items such as phones and computers should remain in the office and said that the restrictions and retrieval process would be spelled out in a follow‑up letter to the employees.

Before adjourning, Unidentified Speaker 3 moved that the meeting recess until the call of the chair; the motion carried.

Votes at a glance: The transcript records motions and affirmative votes on approving the minutes; employing Angelita Fisher as a third‑party investigator (motion by Unidentified Speaker 3, seconded by Unidentified Speaker 2; outcome: approved); placing two judicial commissioners on administrative leave with pay for up to 21 days (motion and approval recorded; mover/second not specified in transcript; outcome: approved); appointing Stacy Swindell as interim director for up to 21 days if she agrees (motion by Unidentified Speaker 3, seconded by Unidentified Speaker 2; outcome: approved); restricting access to the office and allowing retrieval of personal belongings under escort (motion and approval recorded; outcome: approved); recessing until the call of the chair (motion by Unidentified Speaker 3; outcome: approved).

The commission cited the Smith County Education Association Act when describing the legal basis for executive‑session discussion; the body did not take votes while in executive session and limited public comment during the inquiry. The investigator’s timeline (15 days with a possible extension to 21 days) and the administrative‑leave timeframe (up to 21 days) were specified; who will pay for the investigator and any contract terms were not specified in the transcript. The commission recessed to await the chair's call.

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