Mark Willoughby’s last day as Director of Schools will be Thursday, April 16.
Director Willoughby has agreed to terms in a negotiated settlement as offered by the Board of Education. The agreement was signed today (Thursday) by Director Willoughby and Chairman W.J. (Dub) Evins, III, on behalf of the School Board.
“I wish Mr. Willoughby only the best in his retirement and hope he enjoys being with his family,” said Chairman Evins.
Under the agreement, Willoughby’s tenure as Director will end by the close of business on Thursday, April 16. He will be paid his salary and receive all insurance benefits through June 30th, the day Willoughby had announced last month to be the date of his retirement. Funds are already in the school system’s budget to pay Willoughby.
An interim Director is expected to be named by the Board of Education on Thursday, April 16.
Willoughby has served as Director of Schools since July 1, 2006. His current contract, approved last year, was supposed to run through June 30, 2017.
The actual “buyout” agreement is as follows:
Negotiated Settlement Agreement Release of All Claims
“Know All Men by These Presents:
“That, Mark B. Willoughby, Director of Schools for the DeKalb County, Tennessee school system (hereinafter, “Mr. Willoughby” or “Releasor”) , for and in consideration of the sums stated herein, does hereby release and discharge the DeKalb County, Tennessee Board of Education from the present contractual agreement to serve as Director of Schools.”
“For, and in consideration of the execution of this Release, the School System agrees to pay to Mr. Willoughby:
(1) The salary established for the position of Director of Schools that he formerly occupied, such salary amount being the same as the salary rate paid upon the effective date of the purchase of his contract, and for a period extending through June 30, 2015;
(2) All insurance benefits in effect on April 6, 2015 through and including a period ending on June 30, 2015
(3) During the term of this agreement, no additional personal leave days shall accrue and salary and benefit payments shall not increase or decrease.
(4) Such salary and benefits shall be paid upon the regularly scheduled dates established by policy or practice for all currently employed licensed personnel.”
“Mr. Willoughby shall return keys, computers, telephones, credit cards, other property of any sort or type and any other school owned or leased assets in his possession to the secretary to the Board by the close of business on April 16, 2015.”
“The parties further agree that they will not disparage each other in any manner or medium of communication, to any persons or entities, regardless of whether they are public or private, or of a professional or personal nature.”
“This Release is entered into in the State of Tennessee and shall be construed and interpreted in accordance with the laws of the State of Tennessee. Any legal proceeding brought to enforce or interpret the provisions of this Release shall be brought in the trial courts for DeKalb County in the State of Tennessee. The parties consent to jurisdiction and venue in said court.”

A judge has ruled Cookeville Boat Dock & Resort, Inc. must pay the ad valorem (property) taxes on the boat dock property that it has refused to pay since 1998. The total tax bill owed comes to more than $200,000 including interest and penalties
Circuit Court Judge Amy V. Hollers has found the boat dock’s claims that such a tax was a violation of the U.S. Constitution’s Supremacy Clause and was discriminatory under Tennessee’s Constitution are not valid.
(CLICK LINK BELOW TO VIEW JUDGE AMY HOLLARS’ OPINION AND ORDER ON COOKEVILLE BOAT DOCK)
2011cv42opinionandorder_rad66098.pdf (1.28 MB)
In her ruling, Judge Hollars wrote “neither the Supremacy Clause nor any principle of state law prevents DeKalb County from assessing Cookeville Boat Dock for its ownership interest in the boat dock facilities. The court must reject Cookeville Boat Dock’s constitutional challenge to the assessment of ad valorem taxes on its property.”
The boat dock had argued such a tax could be characterized as “double taxation” since it pays fees to the United States Army Corps of Engineers which are used, in part, to pay DeKalb County a sum in lieu of taxes. The owners of the dock further argued a section of Tennessee’s Constitution “violates the Supremacy Clause of the Constitution of the United States by discriminating against a lessee of the United States in favor of lessees of the State of Tennessee.
The judge said the boat dock’s attempt to “raise a ‘double taxation’ argument fails because the amount received by DeKalb County from the lease payments to the federal government is not a tax by the county.”
She went on to rule that “it is well-established that the Supremacy Clause does not prevent a state or local government from imposing a tax on an individual or a corporation ‘using government property in connection with a business conducted for its own private gain.’”
In conclusion, Judge Hollars ordered that the boat dock “pay the unpaid ad valorem taxes assessed for all years in question, together with all applicable penalties and interest.”
From 1998 through the 2013 tax year, owners of Cookeville Boat Dock & Resort, Inc. have been named as defendants in DeKalb County Chancery Court lawsuits filed against delinquent taxpayers. The amount Cookeville Boat Dock & Resort, Inc. owes through 2013 in delinquent taxes comes to $195,959.89 (taxes on personal property and leased property including the base tax plus interest and penalty, attorneys fees, and court costs). Further penalties are assessed each month. Additionally for the 2014 tax year, the Trustee’s Office reports that Cookeville Boat Dock & Resort Inc. owes a total $8,460 (including interest and penalty for April)
In a Chancery Court delinquent tax lawsuit, the marina owners claim that they can’t be forced to pay ad valorem (property) taxes on constitutional grounds. But in 2013, Tennessee Attorney General Robert E. (Bob) Cooper, Jr. gave an opinion that the marina’s claim is without merit and should be dismissed by the court.
The attorney for Cookeville Boat Dock, Jon E. Jones of Cookeville contends the owners of the marina are being discriminated against in that the county is trying to force them to pay ad valorem taxes on the boat dock facility which is leased from the U.S. Army Corps of Engineers (federal government property) while other properties in Tennessee leased from the state or local government entities (under Article II, Section 28 of the Tennessee Constitution) are exempt from payment of ad valorem taxes. This, he claims is a violation of the Supremacy Clause of the U.S. Constitution making the tax assessment against Cookeville Boat Dock & Resort, Inc. invalid. In 2013 Jones filed an amended answer to the county’s Chancery Court lawsuits against delinquent taxpayers including Cookeville Boat Dock & Resort along with a counter complaint seeking a declaratory judgment for his clients.
In her “Opinion and Order”, Judge Hollars gave a narrative of the case as follows:
“Cookeville Boat Dock, Inc. owns and operates a commercial boat dock and concession on land that is leased from the federal government, Cookeville Boat Dock has been assessed ad valorem taxes on the boat dock property since 1998. Because Cookeville Boat Dock has not paid these taxes, the boat dock property has been included in the delinquent tax proceedings covering years 1998 through 2011. Cookeville Boat Dock has not been assessed for the underlying real estate, which is owned by the federal government, or for any leasehold interest in the real estate. Instead, Cookeville Boat Dock has been assessed only for the buildings and other structures that make up the boat dock property. Public records list Cookeville Boat Dock as the owner of this property.”
“Cookeville Boat Dock has not challenged the tax assessments before the county board of equalization or appealed any county board action to the state board of equalization. Cookeville Boat Dock has not paid the taxes under protest or instituted a suit against the taxing authority to challenge the imposition of the tax as “unjust or illegal, or against any statute or clause of the constitution of this state.”
“Instead, Cookeville Boat Dock moved to dismiss “all claims for collection of real property taxes against it”, arguing that, for tax years prior to the effective date of the statute’s 2004 amendment, Tennessee Code Annotated (state law) did not apply “to boat docks, marinas, or other related structures, and such properties were not taxable as real property”. Cookeville Boat Dock also raised what might be characterized as a “double taxation” or “taxation equivalence” defense in these delinquent tax proceedings. In support of this argument, Cookeville Boat Dock noted that, pursuant to its lease for commercial concession purposes, it must “pay fees to the United States Army Corps of Engineers which are used, in part, to pay DeKalb County a sum in lieu of taxes”. Much later, in June of 2013. Cookeville Boat Dock filed an Answer and Counter Complaint for Declaratory Judgment, wherein it asserted that Article II, Section 28 of the Constitution of Tennessee violates the Supremacy Clause of the Constitution of the United States by discriminating against a lessee of the United States and in favor of lessees of the State of Tennessee, its counties, its municipalities, or other local governmental entities. Cookeville Boat Dock asks the court to declare (1) that Article II, Section 28 of the Constitution of Tennessee is invalid, and (2) that the real property subject to Cookeville Boat Dock’s lease for commercial concession purposes is exempt from ad valorem taxation. The State of Tennessee, through the office of the Attorney General, answered Cookeville Boat Dock’s Counter-Complaint and submitted a Brief defending the constitutionality of Article II, Section 28 of the Tennessee Constitution. Therein, the State asserted that Cookeville Boat Dock’s constitutional challenge is without merit and procedurally barred. After submitting trial briefs, DeKalb County and Cookeville Boat Dock requested that the court decide the legal issues based upon the briefs submitted.”

The current members of the DeKalb County Election Commission have been reappointed by the Tennessee Election Commission.
The state election commission made these appointments on Monday April 6.
The term of each member is for two years.
Members of the DeKalb County Election Commission are Walteen Parker, Barbara Vanatta, Jim Dean, Harry Lasser, and Richard Hearon Puckett.
Vanatta and Dean are beginning their fourth terms. Parker has served since 1992. All three are Republicans. Lasser, a Democrat, is starting his third term. Puckett, also a Democrat, is beginning his second full term after filling a vacancy.
Since the state legislature is made up of a majority of GOP lawmakers, Republicans have the right to hold majority memberships on the Tennessee Election Commission as well as all county election commissions in Tennessee. The appointments to local commissions are made by the state election commission.
Regarding the political division of county election commissions, state law states that ” three members shall be members of the majority party and two members shall be members of the minority party”.
“The members of the majority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions.”
“The members of the minority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions.”
“When members of another statewide political party are required to be appointed to a county election commission, they shall be nominated by the party’s state primary board.”
“Before appointing county election commissioners, the members of the state election commission shall consult with the members of the general assembly serving each of the counties as to the persons to be appointed to the county election commissions”.
Meanwhile, the DeKalb County Election Commission will hold its next meeting April 16 at the Election Commission Office on the first floor of the DeKalb County Courthouse.
The board will likely reorganize and appoint the Administrator of Elections.

The DeKalb County Grand Jury returned a “No True Bill” in cases against three people Monday.
A “No True Bill” is a legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence or probable cause to charge the defendant with violating a law.
A “No True Bill” was returned in the case against 28 year old Jordan Adams of Smithville who had been charged with attempted second degree murder in the shooting of 39 year old Jamie Murphy on Juniper Lane last August. Adams was also charged with reckless endangerment.
The Grand Jury also returned a “No True Bill” against 74 year old Frank Thomas of Liberty. Thomas was accused of pointing a gun at another motorist (family member) while chasing after him in his vehicle at high speeds on Highway 56 South in September. Thomas had been charged with aggravated assault and reckless endangerment.
No indictment was returned against Tamyra Taylor, charged with driving under the influence, wrong address on her drivers license, seatbelt violation, and violation of the financial responsibility law (no insurance).

The DeKalb County Grand Jury Monday returned child rape indictments against a Dowelltown man for allegedly touching his eight year old niece in a sexual manner on two occasions last summer.
20 year old Jonathan Everett Jay of Snow Hill Road, Dowelltown will be arraigned on Monday, April 13.
Sheriff Patrick Ray said that on Thursday, September 11, 2014 a Sheriff’s Department Detective responded to a residence on Snow Hill Road regarding a sexual assault of an eight year old girl. According to the mother, the child said that her uncle (Jay) had touched her inappropriately. The detective and a member of the Department of Children’s Services spoke with the child and she confirmed what her mother had reported. When confronted Jay agreed to speak with the detective at the Sheriff’s Department. After reading Jay his rights, the detective began the interview during which time Jay allegedly admitted to having had sexual contact with the child on two occasions, Wednesday August 27 and Thursday, September 11.
Jay is one of 48 people indicted by the grand jury Monday. Eleven persons were named in sealed indictments. Arraignment for all defendants will be Monday, April 13.
Those indicted and their charges are as follows:
James Lee Adcock: aggravated burglary and theft over $500
Leslie Arnold: driving under the influence (2nd offense), driving on a revoked license, open container, and failure to maintain lane
Lavar Bass: theft under $500
Cynthia Carter: driving on a revoked license (2nd offense) and financial responsibility
Anthony Colwell and David Roger Petty: aggravated burglary and theft over $1,000
Anthony Colwell: burglary and theft over $1,000
Jackson Cripps: evading arrest, drag racing, and speeding
Johnny Lynn Devault: domestic assault and aggravated assault
Margie Grace Drennan: possession of paraphernalia
Bobby Duggin: aggravated burglary (2 counts), theft under $500, and theft over $500
Justin Dale Estes and Ashley Nicole Estes: introduction of contraband into a penal institution and child abuse/neglect
Deborah Lynn Ferrell: driving under the influence, violation of registration, financial responsibility, and failure to maintain lane
Royce Avon Foster: burglary and theft over $1,000 and driving on a revoked license (3rd offense)
Don Diamond Groshon: assault
Zackary Nathaniel Hale and Brandon Scott Kidd: driving under the influence, DUI by allowance, vehicular assault, incorrect address on license, financial responsibility, and failure to maintain lane
Nichole Breann Higgins: initiation of methamphetamine and child abuse/neglect
April Lee Hollingsworth, Don Diamond Groshon, James Lee Adcock: initiation of methamphetamine, resisting arrest, and possession of prohibited weapon
Jonathan Everett Jay: rape of a child (2 counts)
Terry Knowles: driving on a revoked license, child restraint device, and window tint
Molly Sue Lawrence: forgery (2 counts)
Curtis Allen Lloyd: possession of a schedule II drug over .5 grams
Brittany Lynn Lee: theft over $1,000 and theft over $500
David Linnear: driving under the influence and failure to obey traffic signal
Jo Ann Luna: forgery and resisting arrest
Melinda Beth Murphy: forgery (3 counts)
David Michael Roger Petty: driving on a revoked license (3rd offense)
Dennis Jason Reeder: driving under the influence (2nd offense), violation of the registration law (2 counts), failure to exercise due care, and financial responsibility
Michael Shone Saylors and Ashley Dawn Saylors: initiation of methamphetamine and aggravated child abuse (2 counts)
Sara Nicole South: theft over $10,000, a second offense of driving on a revoked license (2 counts), registration violation, possession of a schedule II drug, possession of paraphernalia, and seatbelt violation.
Sonny Alan Stults: driving under the influence, financial responsibility, and failure to maintain lane
Tara Jane (Atnip) Summers: reckless endangerment
Deborah Thistlewaite: driving under the influence, possession of a schedule VI, and possession of paraphernalia
Nathaniel Tippens: auto burglary (6 counts), theft under $500 (6 counts), theft over $500, vandalism under $500
Joshua McNeil Vincent: driving on a suspended license, financial responsibility, and seatbelt violation.
Charles Henry Ward: driving under the influence, failure to maintain lane, and no driver’s license
Christopher Sam White: theft under $500 and initiation of methamphetamine
Michelle Yarbro: introduction of contraband into a penal institution

Smithville Police Chief Randy Caplinger will soon be afforded a due process hearing before the Board of Aldermen on whether he should be reinstated after Mayor Jimmy Poss fired him last month. But before Caplinger gets that hearing, the Mayor and Aldermen have to agree on when to have it.
The city administration seems intent on conducting the hearing in the morning hours at city hall but that is not going over well with the attorney representing Caplinger, Sarah Cripps nor with Alderman Shawn Jacobs, who says he can’t attend a morning meeting because of his work schedule and is asking that it be held at a more convenient time for himself and all others involved including the public.
Caplinger’s due process hearing had been scheduled for a special meeting Friday, April 10 at city hall starting at 10 a.m. but Cripps, in a letter to City Attorney Vester Parsley, Jr. said she and her co-counsel Brandon Cox were not available at that time. She suggested having it on Friday, April 24.
Cripps is also wanting to have the hearing when Caplinger’s supporters can attend. In her letter to Parsley, Cripps alleges that the city’s decision for a morning hearing is to avoid that. “You (Parsley) informed me that Mr. Caplinger’s due process hearing will not be conducted at the City Council’s regularly scheduled meeting but, instead will occur at a “special meeting” held in the morning hours. In view of the demonstration of such strong public support in favor of Chief Caplinger’s retention, I am not at all surprised that the City of Smithville has taken the decision to conduct the due process termination hearing “in the morning hours” as to avoid the penetrating and unremitting gaze of the public. In this regard, Chief Caplinger again respectfully requests that he be afforded a hearing before the three person board or commission as required by Smithville City Code Section 4-205(7) prior to conducting a hearing before the entire City Council,” wrote Cripps.
She also wants City Judge Hilton Conger to serve as Parliamentarian at the hearing and be designated to rule on any evidentiary and legal issues which counsel for either side may raise during Chief Caplinger’s due process hearing.
Cripps addressed the Mayor and Aldermen briefly with her concerns during the regular monthly meeting Monday night . “We’re here to say that we have been advised that the meeting on Chief Caplinger would be in the morning (hours). We are requesting that it be held at a regularly scheduled meeting of this body which would be in the evenings so that everybody could go. It was explained to our office that the meeting couldn’t be held in the afternoon because the mayor drives a school bus for the board of education and Alderman (Danny) Washer also drives a school bus so they were not available. I was disappointed in the attempts, which I regard as reprehensible to hold a meeting of this magnitude in the morning at a time when it really makes a mockery of the term “public” hearing because two of the aldermen we know have prior commitments. It appears as though it’s an attempt to circumvent the real intention of city code 4205 and to have the outcome foreordained. I just want to encourage everybody to govern in the sunshine and to make your decisions under the gaze of the public,” said Cripps
“Sarah we have other meetings in the mornings that probably you are not aware of. This is not the only time,” said Mayor Poss.
According to the new city charter adopted in 2013, Regular city council meetings are to be held once per month at 6:00 p.m. but special meetings may be called as needed either by the mayor or any two aldermen, giving at least 48 hours notice.
Alderman Jacobs said that he could not attend a morning meeting and added that he didn’t understand why it could not be scheduled in the late afternoon or in the evening at a time when the mayor and the entire board of aldermen could attend which would also make it more convenient for the public. “The meetings we have had (previously) in the mornings were when I was able to attend in the mornings due to my work schedule. Now my work schedule has changed and I can only attend afternoon or evening meetings. My being able to attend afternoon or evening meetings is no different from you (Mayor) and Mr. Washer being able to attend morning meetings. I think as a member of this board I am entitled to be at any meeting and I think any effort should be made to let all members of the board be present. I too find it reprehensible that there seems to be no effort to accommodate those of us who are unable to attend. It certainly doesn’t look good upon the city that it’s going to be held when perhaps members of the public who would like to be here aren’t going to be here. I think there may be some legal concern with this being scheduled (in the mornings). I think we’re in some gray territory as far as whether this is even legal or not,” said Alderman Jacobs
Mayor Poss asked Alderman Jacobs, “Have you checked with anybody to see if its legal?”
Alderman Jacobs replied “I have not because I hope we would all be ladies and gentlemen enough and be concerned enough about our responsibilities to the residents of the city that we could work out a time like we’ve always done. Before we’ve always worked to try to accommodate each other’s schedule. I don’t see why we can’t do it this time. Any afternoon or evening I can be here. My work is out of town and I can’t take mornings off because that’s when the heaviest part of my work is done. I don’t understand why we can’t have an evening meeting. It seems like it would be more convenient for everybody including the public,” he said.
“I don’t think a meeting has been scheduled yet has it?” asked Alderman Gayla Hendrix. One was scheduled (April 10) but we got an email and Ms. Cripps asked for a different date. Several of us aren’t available (to attend April 10). I’ve not gotten a message on another meeting. Has anyone else?” she asked
Alderman Danny Washer asked “What was the reason the first one was cancelled?”
Cripps replied “We had a conflict”
“I couldn’t be here for that one either (April 10) because it was in the morning,” said Alderman Jacobs.
“I think there’s two or three of us who can’t make that date (April 10) but we haven’t discussed another date. I’m open to any date but let’s discuss that through email,” Alderman Hendrix said.
Alderman Washer said he would be willing to meet at any time provided it didn’t conflict with his already planned personal vacation time. ” You set the time and If I am in the county, if I’m available I’ll be here. I don’t care when it is. I want to get this done. Surely to goodness we can come together on one day when everybody can be here. I’ll work my schedule to be here,” he said.
“I think that is something we can easily pass an email around so we can get a consensus when we’re all available. We can check calendars. There is no reason to hash on that tonight when we don’t have everybody here (Alderman Jason Murphy was absent Monday night) to make a decision,” said Alderman Hendrix.
Mayor Poss asked Alderman Jacobs ” What time do you get off work Shawn?”
“It varies. Today I didn’t get home until 4:00 p.m.” he said.
“So how do we plan on that”? asked Poss
“Well I’ll be home by 6 p.m. I’ll certainly be home by late afternoon or by 6 p.m.” replied Alderman Jacobs.
“So in other words, we’ve got to accommodate you. I don’t even want to argue the thing,” said Mayor Poss
“I don’t either but we’ve always worked to try to accommodate everyone before,” answered Alderman Jacobs.
“We can if everybody will try to work with everybody,” added Mayor Poss.
“I can make any late afternoon or evening,” Alderman Jacobs said
“That’s what I’m saying. Everybody has got to change it for you,” Mayor Poss concluded.
In a statement to WJLE after the meeting, Alderman Jacobs said “I’m really not trying to be argumentative about this. It’s really very simple. I just want the hearing to be held at a time when all members of the Board of Aldermen can be there and when more of the general public can potentially be present if they want to be. I just want our action to be completely open for public scrutiny,” he said.

The DeKalb County Board of Education Monday night during a special called meeting made a contract buyout offer to Director of Schools Mark Willoughby.
The vote was 6-1 in favor. Second District member Jerry Wayne Johnson voted against it.
(PLAY VIDEO OF ENTIRE SPECIAL MEETING BELOW)

Under terms of the proposal, the School Board has agreed to pay Mr. Willoughby his salary and all insurance benefits now in effect through June 30th. During the term of this agreement, no additional personal leave days shall accrue and salary and benefit payments shall not increase or decrease. Such salary and benefits shall be paid upon the regularly scheduled dates established by policy or practice for all currently employed licensed personnel.
Since Willoughby has already been paid for the month of April, the board believes it necessary for him to stay on as Director until an interim is named possibly by the next regularly scheduled meeting on April 16.
Director Willoughby has forty eight hours to notify the board whether he will accept the proposed settlement. He wants the terms in writing so he can have an attorney review them before he makes up his mind.
Willoughby, who last month announced his retirement date as June 30th, reminded the board that he had not sought any contract buyout. “I didn’t ask for a buyout but I’ll be professional if the board chooses to buyout the contract. If the board does not, I’ll be happy to stay until June 30 and do my job,” he said.
Board Chairman W.J. (Dub) Evins, III said it is his understanding after consulting a TSBA attorney that if Willoughby does not accept the proposal, the board has the option of giving him a fifteen day notice and paying him through June 30.
While the board would have to find the money to pay an interim until a new director is under contract, funds are already in the budget to pay Willoughby through June 30th.

An elderly woman died in a two vehicle crash Monday afternoon at the intersection of Highways 70 and 83 near Kilgore’s Restaurant.
Dead is 83 year old Robbie D. Taylor of Smithville.
Central dispatch was first notified of the crash at 2:36 p.m.
Trooper Jimmy Tisdale of the Tennessee Highway Patrol told WJLE that Taylor was driving south on Highway 83 in a 2007 Chevy Impala when she pulled into the path of a 2010 Chevy HHR, driven by 35 year old Jennifer Buck of Dowelltown who was east on Highway 70.
According to Trooper Tisdale, Buck saw Taylor’s car coming across the highway in front of her and swerved but was unable to avoid the collision.
Buck was taken by DeKalb EMS to DeKalb Community Hospital where she was treated for injuries including a fractured arm according to Trooper Tisdale. Taylor was also taken to the hospital where she was pronounced dead.
Sergeant Eric McCormick of the Tennessee Highway Patrol assisted Trooper Tisdale in the crash investigation. Members of the Sheriff’s Department and Main Station of the DeKalb County Volunteer Fire Department were also on the scene to render assistance.
According to Trooper Tisdale, both Taylor and Buck were wearing their seatbelts.