Case Summaries 
of Importance to Counties

2013 Elections

  • Ray v. Davis, 2013 WL 2420339, (6th Cir. 2013)—This case was heard on appeal by the Sixth Circuit.  Daughter of trustee was hired to work in the trustee’s office.  She received several promotions and eventually was named business manager.  While holding that position, she actively campaigned for a candidate for the trustee’s office.  When another candidate was elected, she was let go.  She then filed suit against the trustee and the county.  She alleged violations of 42 U.S.C. § 1983 and the First and Fourteenth Amendments of the U.S. Constitution.  She alleged she was terminated because of her political support for the trustee’s opponent.  The District Court granted summary judgment for the trustee and the county.  The Court found that, while in general, patronage dismissals are unconstitutional, there are exceptions for certain types of employment.  The positions in which employees may be let go for patronage reasons involve having discretion with regard to duties and policy making.  In this case, the Court found that the employee supervised all other office staff, was actively involved in the collection, accounting, and distribution of taxes, prepared and presented reports to the County Commission, was responsible for the trustee’s bank account, handled personnel paperwork, and prepared the office’s personal manual.  Based on these duties, the Court found that the employee was in a “confidential advisor” role to the trustee, and as such, her patronage dismissal fell within the exception and was constitutional (June 4, 2013)
  • Williamson County Election Commission v. Webb, 2013 WL 1195619, (Tenn. Ct. App. 2013)—The City of Brentwood refused to allow the Williamson County Election Commission to use the city’s library as a polling place and the election commission sued.  The trial court found that the election commission had the authority to designate polling places, but that authority had to be exercised in a reasonable manner.  The trial court also found that the city did not abuse its discretion in failing to make the library available.  The election commission appealed.  The Court of Appeals reversed.  The Court found that election commissions have the sole responsibility to designate polling places and the city was required to make the library available as a polling place (March 22, 2013)
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