IN THE CIRCUIT COURT FOR THE ‘THIRD JUDICIAL DISTRICT OF TENNESSEE, AT ROGERSVILLE yy FILEDguaem CHRISTOPHER JONES, STATE OF TENNESSEE, ) Upon the Relation of John E. Pevy, ) on Town Attorney for the Town of Mount) JUN 1 9 2020 Carmel, Tennessee, and Upon the Relation) fARONLL conten of Dan Armstrong, District Attorney ) AWK CO. General for the Third Judicial District.) of Tennessee, ) ) JURY DEMANDED Plaintiff, ) ) v ) CASENO: CC AOCY 10% ) ) ) ) Defendant. COMPLAINT FOR ORDER OF SUSPENSION FROM OFFICE AND FOR, WRIT OF OUSTER Plaintiff the State of Tennessee, on relation of John E. Pevy, City Attorney for the Town of Mount Carmel, Tennessee and on relation of Dan Armstrong, District Attorney General for the Third Judicial District of Tennessee, pursuant to Tenn. Code Ann, § 8-47-101, et seq., states as follows INTRODUCTION, PARTIES AND JURISDICTION 1. This is an action to oust Defendant Christopher Jones (hereinafter “Jones”), the Mayor of Mount Carmel, Tennessee, elected in November 2016 and sworn in on November 22, 2016. 2. Ouster is a statutory process for removing an elected public official from office on the ground(s) that the official committed misconduct in office, neglected to perform any duty theofficial was required by law to perform, or committed any act constitution a violation of a statute involving moral turpitude. 3, Tennessee Code Annotated § 8-47-101 provides in pertinent part that if a city attorney receives a complaint with notice in writing that a city officer has committed an act, omission or offense set out in that statute, an investigation must be commenced. On June 8, 2020, Town Manager Michael Housewright filed a notice in writing that the Defendant had committed such an act. An investigation was then commenced. 4, Tennessee Code Annotated § 8-47-101 further provides that if the investigation establishes reasonable cause that Defendant committed an act, omission or offense set out in the statute, an ouster action must be commenced. Plaintiff will show that Defendant should be ousted from office because he, along with an Alderman, undertook to commit an act which constitutes official misconduct as it is defined in Tennessee Code Annotated § 39-16-402, when with the intent to obtain a benefit for himself and to perpetrate a harm to another, intentionally and knowingly, (1) committed acts which constitute an unauthorized exercise of official power, and (2) committed acts under color of office.or employment that exceeded his official power as a public servant. 5. The investigation has established that reasonable cause exists to believe Defendant committed acts, omissions or offenses set out in Tenn, Code Ann, § 8-47-101 6. Plaintiff is a governmental entity created and existing under the laws of the State of Tennessee. 7. Relator John E. Pevy is the City Attorney of Mount Carmel, Tennessee. Relator is both authorized and required to bring this action pursuant to Tenn, Code Ann, § 8-47-101, having found reasonable cause for Defendant's ouster exists.8. Relator Dan Armstrong is the District Attorney General for the Third Judicial District of Tennessee. Relator is both authorized and required to bring this action pursuant to ‘Tenn, Code Ann. § 8-47-101, having found reasonable cause for Defendant’s ouster exists. 9, Defendant Christopher Jones holds the office of Mayor of the Town of Mount Carmel, Tennessee, He purports to be a citizen of the Town of Mount Carmel, Tennessee. ‘TUAL ALLEGATIONS 10. This Court has jurisdiction to hear this case. Venue is proper in this county. IL, On May 28, 2020, Jones was arrested by the Hawkins County Sheriff’s Department at 337 Hemlock Street, Mount Carmel, Tennessee 37645 ~ the residence owned by Alderman Carl Wolfe (hereinafter “Wolfe”) which Jones rented along with his live-in girlfriend Amber Hale - on charges of Domestic Assault. 12. Following his release from police custody on June 1, 2020, Jones was rendered effectively homeless, to the extent that he was unable to return to his rented property due to his -ssed of the residence. alleged domestic assault victim, Amber Hale, still being poss 13, In an attempt to remove Amber Hale from the property, on or about June 3, 2020, Jones and Wolfe conspired to create an eviction notice, titled “Notice to Vacate,” which would purport to require her to vacate the premises within three (3) days. 14, Jones drafted the purported “Notice to Vacate” on his Town owned desktop computer, located at Mount Carmel Town Hall on or about June 2. 15, In the presence of Mount Carmel police officers, Jones stated that under the auspices of making the unlawful eviction document “look more official” he would stamp it with the Town of Mount Carmel’s official seal.16. Jones requested the Town’s official seal from the Mount Carmel Court Clerk, without informing her of the use for which it would be utilized, and he was provided with the seal owing to his position as the Mayor of Mount Carmel, Tennessee. 17, Thereafter, Jones affixed the Town of Mount Carmel’s official seal to the eviction notice document while in the direct presence of a Mount Carmel police officer, the City Administrator, and Alderman Wolfe, though neither the police officer nor the City Administrator were fully cognizant of the purpose to which the Mayor was putting the Town's seal. 18. Jones having affixed the Town's seal to the “Notice to Vacate”, Wolfe signed the Notice and proceeded to post it to the door of the residence which Amber Hale occupied. 19, At some point thereafter, Amber Hale discovered the unlawful eviction notice which had been posted to her door, and which bore the Town’ official seal. 20. At no point were either Jones or Wolfe in their official capacity as members of the Mount Carmel Board of Mayor and Aldermen authorized to carry out eviction proceedings, nor to I seal. emboss unofficial — and personal ~ documents with the Town’s off 21, Atno point did either Jones of Wolfe engage the Hawkins County court system in their attempt to effectuate this eviction lawfully. OFFICIAL MISt NU 22, The Plaintiff incorporates all of the allegations set forth in paragraphs 1-21 as if set forth fully herein verbatim. 23. Defendant Jones engaged in an intentional and knowing course of conduct involving the illegal misuse of the Town of Mount Carmel’s official Town seal in order to secure. the extra-judicial eviction of Jones's alleged domestic assault victim, Amber Hale, from the residence which they were jointly renting from Alderman Wolfe.24. Defendant Jones’s intentional misuse of the Mount Carmel Town Seal was an act relating to his office as a public servant which constituted an unauthorized exercise of his official power, in violation of Tenn. Code Ann. § 39-16-402(a)(1), the violation of which amounts to official misconduct. intentional misuse of the Mount Carmel Town Seal constituted 25. Defendant Jones’ an action which exceeded his official power, in violation of Tenn. Code Ann, § 39-16-402(a)(2), the violation of which amounts to official misconduct. PRAYER FOR RELIEF WHEREFORE, having fully stated its claims, Plaintiff seeks the following relief: ‘A. That process issue and that Defendant Jones be required to answer this Complaint within the time prescribed by law; B. That the Court find that each of Defendant Jones's actions alleged above constitute official misconduct; C. That Defendant Jones be notified that a hearing will be conducted pursuant to Tenn. Code Ann. § 8-47-116, at which time the Court will consider his suspension from office, pending resolution of these proceedings; D. That a jury of six try this case; E, That after a final hearing on the claims asserted herein, the Court enter an Order ousting Defendant Jones from office; F. That the costs of this matter be taxed to the Defendant; and G. For such other and further relief to which the Court deems it may be entitled.Respectfully submitted, City Attorney Mount Carmel, Tennessee MILLIGAN & COLEMAN, PLLP 230 West Depot Street P.O. Box 1060 Greeneville, Tennessee 37744-1060 (423) 639-6811 Daz Dan E. Armstrong, BPR #010885 District Attorney General Third Judicial District 124 Austin Street, Suite 3 Greeneville, Tennessee 37745, (423) 787-1450 Attorneys for PlaintiffIN THE CIRCUIT COURT FOR THE THIRD JUDICIAL DISTRICT OF TENNESSEE AT ROGERSVILLE ae pm STATE OF TENNESSEE, ) FILED3- Upon the Relation of John E. Pevy, ) Town Attorney for the Town of Mount ) JUN 10 2020 Carmel, Tennessee, and Upon the Relation ) RANDALL L. COLLIEH of Dan Armstrong, District Attorney ) ctfeum cous CLERK General for the Third Judicial District ) HABKESS COn7H of Tennessee, ) ) JURY DEMANDED Plaintiff, ) ) ) CASENO: CC 2OCV10 ) CARL WOLFE, ) ) Defendant. ) COMPLAINT FOR ORDE! OF SUSPENSION FROM OFFICE AND FOR WRIT OF OUSTER Pl iff the State of Tennessee, on relation of John E. Pevy, City Attorney for the Town of Mount Carmel, Tennessee and on relation of Dan Armstrong, District Attorney General for the Third Judicial District of Tennessee, pursuant to Tenn. Code Ann. § 8-47-101, ef seq., states follows: AND JURISDICTION rRODU ON. RTE 1. This is an action to oust Defendant Carl Wolfe (hereinafter “Wolfe”), an Alderman elected to the Mount Carmel Board of Mayor and Aldermen in November of 2016 and sworn in on November 22, 2016. 2. Ouster is a statutory process for removing an elected public official from office on the ground(s) that the official committed misconduct in office, neglected to perform any duty thetution a violation of a statute official was required by law to perform, or committed any act con: involving moral turpitude. 3. Tennessee Code Annotated § 8-47-101 provides in pertinent part that if a city attorney receives a complaint with notice in writing that a city officer has committed an act, omission or offense set out in that statute, an investigation must be commenced. On June 8, 2020, ‘Town Manager Michael Housewright filed a notice in writing that the Defendant had committed such an act. An investigation was then commenced. 4, Tennessee Code Annotated § 8-47-101 further provides that if the investigation establishes reasonable cause that Defendant committed an act, omission or offense set out in the statute, an ouster action must be commenced. Plaintiff will show that Defendants should be ousted from office because he, along with the Mayor, jointly undertook to commit an act which constitutes official misconduct as it is defined in Tennessee Code Annotated § 39-16-402, when with the intent to obtain a benefit for himself and to perpetrate a harm to another, intentionally and knowingly, (1) committed acts which constitute an unauthorized exercise of official power, and (2) committed acts under color of office or employment that exceeded his official power as a public servant. 5. The investigation has established that reasonable cause exists to believe Defendant committed acts, omissions or offenses set out in Tenn, Code Ann. § 8-47-101 6. Plaintiff is a governmental entity created and existing under the laws of the State of Tennessee. 7. Relator John E. Pevy is the City Atorney of Mount Carmel, Tennessee. Relator is both authorized and required to bring this action pursuant to Tenn. Code Ann. § 8-47-101, having found reasonable cause for Defendant's ouster exists.8. Relator Dan Armstrong is the District Attorney General for the Third Judicial District of Tennessee. Relator is both authorized and required to bring this action pursuant to Tenn. Code Ann. § 8-47-101, having found reasonable cause for Defendant's ouster exists. 9. Defendant Carle Wolfe holds the office of Alderman for the Town of Mount Carmel, Tennessee. He purports to be a citizen of the Town of Mount Carmel, Tennessee. FACTUAL ALLEGATIONS 10, This Court has jurisdiction to hear this case. Venue is proper in this county. 11, OnMay 28, 2020, Mayor Christopher Jones (hereafter “Jones”) was arrested by the Hawkins County Sheriff's Department at 337 Hemlock Street, Mount Carmel, Tennessee 37645 — the residence owned by Alderman Wolfe which Jones rented along with his live-in girlfriend Amber Hale — on charges of Domestic Assault. 12. Following his release from police custody on June 1, 2020, Jones was rendered effectively homeless, to the extent that he was unable to return to his rented property due to his alleged domestic assault victim, Amber Hale, still being possessed of the residence. 13. Inan attempt to remove Amber Hale from the property, on or about June 3, 2020, Jones and Wolfe conspired to create an eviction notice, titled “Notice to Vacate” which would purport to require her to vacate the premises within three (3) days. 14, Jones drafted the purported “Notice to Vacate” on his desktop computer, located at ‘Mount Carmel Town Hall on or about June 2. 15. In the presence of Mount Carmel police officers, Jones stated that under the auspices of making the unlawful eviction document “look more official” he would stamp it with the Town of Mount Carmel’s official seal.16, Jones requested the Town's official seal from the Mount Carmel Court Clerk, without informing her of the use for which it would be utilized, and he was provided with the seal owing to his position as the Mayor of Mount Carmel, Tennessee 17. Thereafter, Jones affixed the Town of Mount Carmel’s official seal to the eviction notice document while in the direct presence of a Mount Carmel police officer, the City Administrator, and Alderman Wolfe, though neither the police officer nor the City Administrator were fully cognizant of the purpose to which the Mayor was putting the Town’s seal 18. Jones having affixed the Town's seal to the “Notice to Vacate”, Wolfe signed the Notice and proceeded to post it to the door of the residence which Amber Hale occupied. 19. At some point thereafier, Amber Hale discovered the unlawful eviction notice which had been posted to her door, and which bore the Town's official seal. 20, At no point were either Jones or Wolfe in their official capacity as members of the Mount Carmel Board of Mayor and Aldermen authorized to carry out eviction proceedings, nor to emboss unofficial ~ and personal ~ documents with the Town's official seal. 21. Atno point did either Jones of Wolfe engage the Hawkins County court system in their attempt to effectuate this eviction lawfully. OFFICIAL MISCONDUCT ~ DEFENDANT WOLFE 22. The Plaintiff incorporates all of the allegations set forth in paragraphs 1-21 as if set forth fully herein verbatim. 23. Defendant Wolfe engaged in an intentional and knowing course of conduct involving the illegal misuse of the Town of Mount Carmel’s official Town seal in order to secure the extra-judicial eviction of his tenant, Amber Hale, from the residence which she was jointly renting from Wolfe along with Jones.24. Defendant Wolfe’s intentional misuse of the Mount Carmel Town Seal was an act rvant which constituted an unauthorized exercise of his official relating to his office as a public s power, in violation of Tenn, Code Ann. § 39-16-402(a)(1), the violation of which amounts to official misconduct. 25. Defendant Wolfe’s intentional misuse of the Mount Carmel Town Seal constituted an action which exceeded his official power, in violation of Tenn, Code Ann. § 39-16-402(a)(2), the violation of which amounts to official misconduct. PRAYER FOR RELIEF WHEREFORE, having fully stated its claims, Plaintiff seeks the following relief: A. That process issue and that Defendant Wolfe be required to answer this Complaint within the time prescribed by law; B. That the Court find that each of Defendant Wolfe’s actions alleged above constitute official misconduct; C. That Defendants Wolfe be notified that a hearing will be conducted pursuant to Tenn, Code Ann. § 8-47-116, at which time the Court will consider his suspension from office, pending resolution of these proceedings; D. That a jury of six try this case; ry That after a final hearing on the claims asserted herein, the Court enter an Order ousting Defendants Wolfe from office; F. That the costs of this matter be taxed to the Defendant; and G. For such other and further relief to which the Court deems it may be entitled.Respectfully submitted, E. Pevy, BPR #0343 ity Attorney Mount Carmel, Tennessee MILLIGAN & COLEMAN, PLLP 230 West Depot Street P.O. Box 1060 Greeneville, Tennessee 37744-1060 (423) 639-6811 Dan E, Armstrong, BPR # 010885 District Attorney General Third Judicial District 124 Austin Street, Suite 3 Greeneville, Tennessee 37745 (423) 787-1450 Attorneys for Plaintiff