2021 10 18 Minutes

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ATHENS CITY COUNCIL
MINUTES OF MEETING

October 18, 2021

The Athens City Council met in an adjourned meeting on October 18, 2021, at 5:30 p.m. with Mayor
Perkinson presiding. This was a continuation of the August 10, 2021 called meeting and was held at the
Southeast Tennessee Trade & Conference Center inside Athens Regional Park. Following the pledge of
allegiance and upon roll call, the following members were present:

Curtis, Pelley, Witt-McMahan, Lockmiller, Perkinson

The following decisions were made and ordered made a part of the records of the Athens City Council. A
video recording of the entire proceeding is maintained in the permanent records for the City, and is
incorporated herein as a part of these Minutes.

Mayor Perkinson stated that City Attorney Chris Trew would again serve as the moderator. Attorney Trew
advised reminded the Council that the August 10, 2021 meeting ended with the testimony of City Manager
Sumner addressing item number VII on the agenda for the August 10 Called Meeting. Council Member
Pelley requested that the Council continue the meeting with further discussion regarding item number VII
pertaining to the claim of retaliation made by Chief Couch. Council Member Witt-McMahan and Vice
Mayor Lockmiller requested that Chief Couch be given time to speak to rebut any of the testimony made
during the August 10, 2021 meeting. City Attorney Trew advised the Council that after the August 10,
2021 meeting the City of Athens had received a letter from Mr. Couch’s attorney representing Chief Couch
stating that he intends to file a lawsuit against the City. City Attorney Trew advised the members of
Council that they should be mindful of a threat of litigation from Chief Couch when asking questions or
making comments during this meeting.

Chief Couch was administered and took an oath to testify truthfully. Chief Couch read a prepared
statement summarizing his concerns with Athens City government and City Manager Sumner. After
reading his prepared statement, Chief Couch further stated he would not answer any questions and
immediately left the meeting.

Council Member Pelley requested that he be allowed to ask questions of City Manager Sumner concerning
the claim of Chief Couch that City Manager Sumner had engaged in retaliation toward him. City Manager
Sumner was administered and took an oath to testify truthfully. Council Member Pelley read from a
prepared statement and thereafter questioned City Manager Sumner about various issues. Council
Member Witt-McMahan and Vice Mayor Lockmiller questioned City Manager Sumner about various
issues. City Manager Sumner responded to questions asked by Council Member Pelley, Council Member
Witt-McMahan and Vice Mayor Lockmiller.

The testimony of Chief Couch and City Manager Sumner are each contained in the referenced video
recording.

Item number VIII was the next matter to be considered, and City Attorney Trew read the following into
the record:

Discuss with the City Manager an appropriate demeanor with Staff and others when conflicts arise, as
requested by two (2) Council members as follows:

“Complaints about how the City Manager treats staff and others when disagreements occur. Our City
Manager should always maintain self-control and respect even in the most uncomfortable situations.”

Council Member Witt-McMahan and Vice Mayor Lockmiller began the discussion on this item stating that
they were in favor of discontinuing the practice of watermarking documents obtained through open
records requests. Mayor Perkinson stated he agreed with their comments. City Manager Sumner stated
that the City would cease the practice of watermarking public records requests.

Upon further discussion regarding this topic, Council Member Witt-McMahan and Vice Mayor Lockmiller
agreed that Larry Eaton should be allowed to speak to the Council. City Attorney Trew administered the
oath to Mr. Eaton and after his presentation, there was no further discussion on this item.

Item number IX was the next matter to be discussed, and City Attorney Trew read the following into the
record.