Re-instated RBS Vice-Mayor John Cook will return to City Hall tonight for the first City Council meeting since being removed, albeit illegally, a judge later ruled, as vice mayor.

Cook's lawyer, Jim Hawkins of Gallatin, is also on the agenda to request payment by the City of attorney fees incurred by John Cook in the case of John Cook v. City of Red Boiling Springs, Tennessee (Macon Circuit Case No. 2009-CV-116).

RECAP OF COOK V. RBS

Story on events from today's edition of the Macon County Times:

(Begin)

Councilman John Cook is the vice-mayor of Red Boiling Springs, Judge John Wooten Jr. ruled Wednesday, Dec. 2, in an expedited hearing of John Cook v. Red Boiling Springs in Macon County Circuit Court.

Judge Wooten, in delivering his ruling, stated there was a clear pattern for City Council to elect a vice-mayor every two years as required by the City Charter. He stated Cook had been elected for two years even though the motion to make him vice mayor did not specify a time period.

Cook’s attorney, Jim Hawkins of Gallatin, said the ruling was “not a ruling about personality or politics.”

“It is really a ruling about the importance of the rule of law and the recognition that the City Charter is a very vital legal document,” Hawkins said.

Judge Wooten ordered the city to pay Cook’s court costs.

Events leading up to the hearing date back to a Nov. 12 meeting of City Council at City Hall. Cook wasn’t at the regularly-scheduled meeting.

Present at the meeting, in addition to RBS Mayor Kenneth Hollis, were councilmen Billy Joe Carver, Steve Newberry and Willie Brown.

At the very end of the roughly 20-minute meeting, after all other business on the agenda had been discussed, Hollis asked if there were any other business anyone would like to present.

Carver spoke up.

“I hate to do this when he’s not here,” Carver said, “but I make a motion to remove John Cook as vice mayor.”

Newberry quickly seconded the motion. It passed with a 4-0 vote.

“Now I make a motion to give it to Willie Brown,” Carver said.

Newberry quickly seconded the motion. It passed with a 4-0 vote.

From the time Carver first spoke up until the meeting was adjourned was less than a minutes.

Cook remained a councilman.

Reached for comment the next day, Friday, Nov. 13, Cook said the people elected him “to help change Red Boiling Springs and have this city operate in the sunshine.”

Cook said that “certain folks are now taking desperate, illegal measures against me to prevent the light from shining in on them but it just won’t work and the people will win in the end.”

Cook filed a petition the following Monday, Nov. 16.

City attorney Jon Wells was informed Nov. 23 that the city’s insurance company, TML Risk Management Pool in Brentwood, would not be providing the city with legal representation.

“It is the TML Risk Management Pool’s position that coverage is excluded under the liability policy, since the alleged activity represents an ouster of the petitioner from his position as Vice Mayor,” wrote TML claims manager Elmer S. Cook.

A day before Judge Wooten was scheduled to hear the case, Hawkins sent a settlement offer to Hollis and City Attorney Jon Wells.

Wrote Hawkins:

“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.”

Hawkins asked Hollis and Wells to advise in writing by return fax if they wished to accept the offer.

Hollis declined the settlement offer.

“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,” Hollis wrote. “Therefore, we will be in court tomorrow at 1:00 p.m. to settle this matter in front of Judge Wooten.

Both parties appeared Wednesday, Dec. 2, before Judge Wooten.

Hawkins, in his opening statement, presented two theories:

Hawkins presented two theories in his opening statement.

First, he argued the council’s actions to remove Cook violated the City Charter.

Second, he argued that it appeared events occurring during the meeting had been planned in advance "in possible violation of the Tennessee Open Meetings Act."

After opening statements from Hawkins and Jon Wells, representing Red Boiling Springs, Judge Wooten said he would only hear testimony at this point concerning a possible violation of the City Charter.

Hawkins called three witnesses to the stand: RBS City Clerk Coby Knight, RBS Mayor Kenneth Hollis and Cook.

Wells cross-examined Knight and Hollis but not Cook. Wells called no witnesses.

Wells argued that Cook was appointed vice mayor by a motion from the City Council. Likewise, Wells argued, City Council could take the position away by the same process. He argued that the minutes of the meeting in which Cook was appointed vice mayor do not specify a time period.

Hawkins argued that the City Charter requires the council to elect a vice mayor for a two-year term. He argued history showed the council had done exactly that in 2005, 2007 and 2009.