The Times has obtained copies of Cook's settlement offer to RBS and of RBS Mayor Kenneth Hollis' reply.
Jim Hawkins of Gallatin, Cook’s attorney, sent a fax to Hollis and City Attorney Jon Wells at 8 a.m. on Tuesday, Dec. 1.
Hollis replied back later that day.
Below is Hawkins' settlement offer followed by Hollis’ response.
HAWKINS’ SETTLEMENT OFFER
Dear Mr. Wells and Mayor Hollis:
I am sending this offer of settlement letter to each of you, as you are the persons respectively authorized to receive legal communications for the City of Red Boiling Springs pursuant to the City’s 1953 Charter and 2009 Charter. My client John Cook has authorized me to make the following offer of settlement:
In exchange for the City’s agreement to allow the Macon Circuit Court to enter an Agreed Order on December 2, 2009 declaring that the votes to remove John Cook as vice-mayor and to name Willie Brown vice-mayor were in violation of the City Charter and therefore illegal, and that John Cook is hereby restored to his elected role as vice-mayor for the remainder of his two-year term, John Cook will agree in the same order to withdraw any and all claims requested in his lawsuit in this matter where he was seeking attorney fees and court costs against the City of Red Boiling Springs.
The order would further state that each side will bear its own attorney fees, and that John Cook waives all right to seek reimbursement for his attorney fees and court costs in this matter from the City of Red Boiling Springs or any individual or city official, whether elected or appointed.
Please advise in writing by return fax if you wish to accept this offer. Thank you.
Dear Mr. Hawkins:
We have looked at your letter of Offer of Settlement in disagreement and we do not believe we are in violation of our city charter.
Therefore, we will be in court tomorrow at 1:00 p.m. to settle this matter in front of Judge Wooten.