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One wild night: Cook returns to RBS council
by Brad Gaskins
8 months ago | 1108 views | 1 1 comments | 215 215 recommendations | email to a friend | print
[Editor's note: This story first appeared on maconcountytimes.com late Thursday evening, Dec. 10. What follows is the story of the events of that night exactly as it appears in the Dec. 17 edition of the Macon County Times. This story differs slightly from the original version in that it contains reaction from former assistant police chief Kimball Hall.]

RED BOILING SPRINGS -- Gallatin attorney Jim Hawkins requested in-person Thursday night, Dec. 10, that the City of Red Boiling Springs pay Councilman and Vice-Mayor John Cook’s attorney fees from the lawsuit Cook recently won against the City.

No, City Council responded with a 4-0 vote at City Hall during their monthly meeting, which was civil at times but outright ugly at others.

Voting not to pay were Councilmen Bobby Etheridge, Willie Brown, Steve Newberry and Billy Joe Carver. Terry Newberry and Cook abstained from voting.

Hawkins, acting on Cook's behalf, hand-delivered his request to Mayor Kenneth Hollis and City Attorney Jon Wells. He distributed copies to the city clerk and councilmen.

“I am respectfully submitting this request for the City of Red Boiling Springs to reimburse my client, John Cook, for his attorney fees incurred in this matter,” Hawkins began reading from the request.

Hawkins spent 22.5 hours working the matter of John Cook v. City of Red Boiling Springs, Macon Circuit Court Case No. 2009-CV-116.

Hawkins’ hourly rate is $175. All told, the total fees add to $3,937. That figure doesn’t count Hawkins’ Nov. 23 appearance in Court, or his time spent in Red Boiling Springs on Thursday night.

"I'm not even billing for being here," Hawkins said, "because it's always a privilege to be in Red Boiling Springs."

The final figure doesn’t include court costs, which will be separately submitted to the City after calculation by Rick Gann and his submission of court reporter bills to Wells.

"I don't think we ought to pay for the attorney," Councilman Bobby Etheridge said, and I'll make a motion."

After the motion received a second, the roll was called.

Hawkins, commenting Friday morning, said that Judge Wooten, on Dec. 2, made detailed findings of fact and conclusions of law and his announcement to the court included what Judge Wooten called an advisory suggestion that the City Council might decide to pay Cook's attorney fees.

Acting on Judge Wooten's suggestion, Hawkins appeared before the council Thursday night.

Moving forward, Hawkins said, he will be filing an order from a hearing last week and "the transcripts of the court's findings of fact and conclusions of law and we will wait until the court has approved that order to take any further steps."

SCHEDULE CHANGE

Based on the printed agenda, Cook was to follow Hawkins. He did not. Instead, Hawkins was followed by RBS Police Department Lt. Doug McDonald, who later in the meeting was appointed by Hollis as assistant police chief.

"I'm going to move around here," Hollis said, calling McDonald before the council.

McDonald addressed the council, claiming Cook had recently been harassing him.

McDonald stated that about 12:05 the afternoon of November 23, Cook, Chief Terry Tuck, Paulette Pippin and McDonald himself were at City Hall when Cook asked McDonald if Hollis had told him to be on court on that date.

"I then told John that I wasn't going to discuss this case with him and he then told me that he was a council member and could ask me anything," McDonald said. "I then told John that he could ask but that I did not have to answer any of his questions and he then responded by saying that he could deal with me."

In an attempt to prove his accusations, McDonald distributed transcripts of the text messages. Cook did not dispute the authenticity of the transcripts provided by McDonald.

"I arrested John on September 10 of 2008," McDonald said, "and the hostility started shortly thereafter."

Countered Cook: "Not true, Doug. You're lying."

Countered McDonald back to Cook: "I want you to know that I'm not intimidated by you whatsoever."

“And I’m not intimidated by you,” Cook said as Hollis told Cook that McDonald had the floor.

McDonald said the alleged harassment needed to stop Thursday night.

“I never harassed you, Doug,” Cook said.

“Well, McDonald said, “it was in the text messages."

Said Cook, referring to the text messages: “Why don’t you read them all?”

Said Hollis: "We're not going to read them all. The employees need to treat the council with respect, but then the council needs to treat the employees with respect. I know we've had a lawsuit and that kind of stuff with John, but this is just the way it turned out. The employees need to treat the council with respect."

Cook spoke up and said, "the mayor needs to do the same."

Said Hollis: "That is absolutely right."

Said Cook: "I'm glad you admitted that, mayor."

WHAT DID TEXT MESSAGES SAY?

According to cell phone records provided by McDonald, Cook sent the first text at 8:12 p.m. on Nov. 23. The last text message was sent by McDonald at 8:55.

Cook did not dispute the authenticity of the transcripts provided by McDonald. According to McDonald's records, the text conversations between Cook and McDonald went as follows:

•From Cook (8:12): "I did not appreciate your attitude today. It was that of a 2 year old. You should consider growing up and acting more mature.”

•From McDonald (8:21): “I just had to get down to your level so you could understand me but thanks for your advice anyway councilman :)”

•From Cook (8:23): “Your not funny doug. In my opinion, you do not deserve to carry a badge. Please grow up!”

•From McDonald (8:31): “Well john im not tryin to be funny but I dont really care at all what you think about me but since you want to give me your opinion heres mine. I don’t think you should be a consilman either much less the vice mayor, now you have a good night”

•From Cook (8:36): “The people of rbs thinks different of me than you. You are the one who cheats on time cards, lies, is not mature and misses work over ac of police and etc. I feel that you should resign. Thanks and good night too.”

•From McDonald (8:55): “I think that these text messages are very immature of you and an opinion coming from a lowlife such as yourself really does not matter to me. You surely have something better to do than trying to play these little games with me, if you have anything else to say to me just save it for the council meeting.”

Several minutes later, when the Police Department came up on the agenda, Hollis informed the council that former assistant police chief Kimball Hall resigned at Hollis’ request and is being investigated internally by the city for an unspecified reason.

“There’s an investigation being done right now,” Hollis said.

“Just by the city?” asked Cook.

“Nah, I don’t think so," Hollis said.

Hollis then said the council needed to set McDonald’s new salary.

McDonald currently makes $14.57.

“What’s Doug’s qualifications to be the assistant chief?” Cook asked.

“I’m promoting him,” Hollis said. "That’s his qualifications. I’m promoting him. I can do it.”

Cook continued to press Hollis as to why McDonald was being promoted.

“You just got no reason," Cook said, seemingly half-asking, half-stating.

“I’m promoting because I want to promote,” Hollis said. “I can promote any one of them. That’s my job. I can do it.”

Just as discussion of McDonald’s new salary resumed, Cook moved to keep McDonald on his current salary for 90 days “to see if he works out as assistant chief.”

That motion failed in a vote, and another motion was made and passed for a new salary of $15.62.

WHAT HAPPENED TO KIMBALL HALL?

Hall told the Times four days after the meeting that he hadn’t done anything wrong.

“I don’t know what I could be investigated for,” Hall said. “I’ve been down there six months. I worked for the sheriff’s department for 15 years and never even had a conversation with anybody about anything. And now, all of the sudden, I’m supposedly being investigated? They’re questioning my integrity as an officer and, quite frankly, it’s a bunch of bull crap.

“I don’t see the reason for it whatsoever, because I haven’t ever done anything to be investigated for.”

According to Hall, RBS Police Chief Terry Tuck called him Thursday and asked him to come to City Hall. According to Hall, Tuck told Hall that he and Hollis needed to talk to Hall for a few minutes.

Once there, at 3:10 p.m., Hall said he was told that he was “setting him (Tuck) and Mayor Hollis up.”

“I couldn’t figure out what they were talking about,” Hall said. “That’s when Mayor Hollis said, ‘I’ll accept your resignation now, or I’ll have you terminated at the council meeting tonight.’”

Hall resigned at that point, and the City Council meeting started a few hours later, at 7 p.m.

WAY BACK WHEN: FIRST AGENDA ITEM OF THE NIGHT

First up was approving written minutes of the Nov. 12 meeting during which Cook was removed as vice-mayor before later being re-instated. The minutes passed by a 4-1 vote. Yes: Carver, Etheridge, S. Newberry, Brown No: T. Newberry. Abstain: Cook.

NO SHOW

Nashville-based engineering firm Barge and Waggoner was a no-show for the meeting. Had the firm attended, it would have been called before the council immediately before Hawkins, McDonald and Cook.

“They said they didn’t have anything tonight and that they wouldn’t be here, and that‘s fine,” Hollis informed the council.

OFFICIAL PAPER

The Macon County Times is the official paper of Red Boiling Springs, the Council voted 4-2 in the final minutes of the meeting, after all other items on the agenda had been discussed.

Cook voted against the motion and was vocal in his displeasure.

As the motion was being discussed, Cook said “ya’ll are something else” and have a “vendetta.”

“Unbelievable,” Cook said. “When’s it going to stop. Are we going to have another lawsuit? What's going on?"

Once the motion passed, Cook accused Hollis of acting in an unprofessional manner during a meeting earlier this year.

Hollis ended the meeting immediately.

"All say "Aye" to adjourn," Hollis said, rising from his chair as “Aye” was spoken by others.
comments (1)
« RBSALUM wrote on Tuesday, Dec 15 at 09:25 AM »
Come on ... you are in Red Boiling Springs ... you aren't in Chicago! The politics are more corrupt than those of the big cities! I loved growing up in that town, but as an adult, I am so happy I am not there any longer. I think they need to get everyone out of that city hall and start over with new community members ... or alum like myself who have fond memories of RBS. Reading stories like this makes my stomach turn!! Why don't they focus on making the town better by bringing in businesses and making the school better? No wonder there aren't many people trying to move to and start new businesses in RBS!! Politics such as those mentioned above really scare away great opportunities!
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