Hodges v. Van Buren County Tennessee

227 F. Supp. 3d 907, 2017 WL 75854, 2017 U.S. Dist. LEXIS 4713
CourtDistrict Court, E.D. Tennessee
DecidedJanuary 4, 2017
DocketCase No. 4:15-cv-53
StatusPublished

This text of 227 F. Supp. 3d 907 (Hodges v. Van Buren County Tennessee) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodges v. Van Buren County Tennessee, 227 F. Supp. 3d 907, 2017 WL 75854, 2017 U.S. Dist. LEXIS 4713 (E.D. Tenn. 2017).

Opinion

ORDER

HARRY S. MATTICE, JR., UNITED STATES DISTRICT JUDGE

Before the Court is Defendants’ Motion for Summary Judgment (Doc. 25). For the reasons stated herein, Defendants’ Motion will be GRANTED.

I. BACKGROUND

Plaintiff Anthony Duane Hodges (“Plaintiff”) was hired as an Equipment Operator for the Van Burén County Highway Department (“the Highway Department” or “the Department”) in October 2010. At the time, the Department was under the control of then County Road Superintendent Danny Hodge.1 In late 2010, Plaintiff, who had some experience with computers, was asked to assist the Department’s secretary in transitioning to a new computer system. Ultimately, Plaintiff took over the secretary’s position full time. (Doc. 27-7 at 3-4, 8).

Plaintiffs duties in the office were broadly defined, but involved, for the most part, secretarial, accounting, and bookkeeping functions. For ease of reference, the Court will refer to his position within the Department as “Secretary/Accountant/Bookkeeper.” As Secretary/Accountant/Bookkeeper, Plaintiff was the only employee who worked in the office other than the County Road Superintendent. Plaintiff describes the position as purely “ministerial” and “administrative” in nature, and argues that it involved no policymaking authority. (Doc. 27 at 17). The Secretary/Accountant/Bookkeeper has unfettered access to confidential information, including employees’ social security numbers and all accounting records pertinent to the Department’s budget. (Doc. 25-1 at 59-60, 62). Plaintiff was also responsible for overseeing payroll, and delivering paychecks to the County Road Superintendent for his signature. Plaintiff himself, however, never signed payroll checks.

Plaintiff did not personally create the Department’s budget, but he was in constant contact with the County Trustee to track state and federal funding coming into the Department. (Id. at 78). Plaintiff also prepared monthly budget reports for the County Road Superintendent. Former County Road Superintendent Hodge reviewed these budget reports, signed them, and sent them to state officials. By Plaintiffs admission, Hodge never made any changes to Plaintiffs reports before signing them. (Id. at 63). Finally, the Secretary/Accountant/Bookkeeper was responsible for assisting state officials in conducting twice-yearly audits of the Department’s budget. Plaintiff provided the officials with information such as invoices and purchase orders, and answered any questions they asked. While then Superintendent Hodge would occasionally be present for portions of these audits, he oftentimes was not. (Id.). In short, it is clear that while Plaintiff had no official authority to set the Department’s budgetary priorities, he played an integral role in managing the budget and ensuring that the County Road Superintendent had the [911]*911information necessary to make informed decisions regarding same.2

In December 2013, Former County Road Superintendent Hodge became ill and took a leave of absence. During this time, Assistant Superintendent Randy Smith3 was in charge of all road work operations, but Plaintiff was in charge of all administrative duties. In early 2014, Randy Smith resigned because he was not officially appointed as Interim County Road Superintendent. At this time, Plaintiff assumed Randy Smith’s duties, and on May 24, 2014 he was named by Hodge as Interim Successor Superintendent in the event that Hodge became unable to serve as County Road Superintendent. (Doc. 25-1 at 15). During Hodge’s leave of absence, Plaintiff was in contact with Hodge every day. (Doc. 27-7 at 17). At Hodge’s request, Plaintiff served as a liaison between the Department’s employees and the County Road Superintendent. (Id. at 18) (Plaintiff testified that “Danny [Hodge] had asked me to tell everyone if there’s a problem to get with me and then I would talk with him and then get back with everyone on what needed to be done or anything like that.”) Accordingly, whenever an employee had a question regarding the Department’s policies or practices, Plaintiff would contact Hodge and relay Hodge’s answers to the employee. (Id.). Occasionally, however, Plaintiff would simply answer employee questions for “simple stuff’ or “common sense stuff.” (Id. at 18-19).

In early 2014, Randy Oakes (hereinafter “Defendant Oakes,” “Superintendent Oakes,” or “Oakes”) announced his eandi-dacy for the August 2014 election for County Road Superintendent.4 Oakes had formerly worked in the Department, but resigned in 2012 because of a disagreement with Former Superintendent Hodge. (Doc. 25-1 at 31). During the Democratic primary, Oakes asked Plaintiff to support him in the election, and Plaintiff agreed to do so. (Doc. 27-7 at 31). After the Democratic primary, Robert Walling announced his candidacy for County Road Superintendent as an Independent. (Doc. 25-1 at 31). Because Plaintiff had been lifelong friends with Walling, Plaintiff decided to support Walling instead of Oakes in the general election. (Id. at 68). It is undisputed that Plaintiff and Oakes never spoke about Plaintiffs shift in allegiance. It is equally undisputed, however, that during the election season Oakes saw Plaintiff with Bruce Dunn as Dunn was placing a yard sign in support of Walling on the side of a county highway. (Doc. 27-9 at 11-14). This was the only time Oakes saw Plaintiff doing anything that could be construed as campaigning for Walling.

Two pertinent events occurred shortly before the August 2014 election. The first involves Plaintiffs interaction with an agent from the Tennessee Bureau of Investigations (“TBI”) in July 2014. The Parties have vastly different accounts of this interaction. Oakes avers that Plaintiff called Oakes after speaking with a TBI agent at the office.5 During this conversation, Defendant claims that Plaintiff stated that he allowed the TBI agent to look at “all of [Oakes’] personal information,” (Doc. 25-1 at 44). Believing that his social [912]*912security number may have been compromised, Oakes subscribed to an identity theft protection service. (Id.). Oakes’ wife testified that during this conversation, Plaintiff did not even say that the person to whom he gave Oakes’ personal information was a TBI agent. She believed him to be a “rank stranger.” (Doc. 27-12 at 12-13). Mrs. Oakes further testified that in August of 2014 she spoke with Plaintiff again about the situation, and claims that at that time Plaintiff said that he made the entire story up. (Id. at 15). Plaintiff, however, testified that a TBI agent came into the Highway Department office investigating Oakes’ qualifications to run for County Highway Superintendent, and that he only allowed the agent to view Oakes’ name, date of hire, job title, and pay. (Doc. 25-1 at 72).

Second, and also in July 2014, Oakes reached out to Sharon Mooneyham to ask if she would be interested in being his secretary (i.e., to replace Plaintiff) in the event that he won the election. (Doc. 25-1 at 36). Although Mooneyham initially responded “you already have a secretary,” she ultimately accepted the position. (Doc. 25-1 at 90). Mooneyham submitted an application for the position on August 28, 2014, and her first day of work was listed as September 1, 2014. (Doc. 27-10 at 8-9); (Doc. 27-6 at 4).

Oakes defeated Walling in the August 2014 election and officially became County Road Superintendent on September 1, 2014 at midnight.

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Bluebook (online)
227 F. Supp. 3d 907, 2017 WL 75854, 2017 U.S. Dist. LEXIS 4713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-van-buren-county-tennessee-tned-2017.