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Saturday, July 19, 2008 , 12:00 a.m.

Spring City Commission considers appeal after judge rules in favor of Jeff Rhear

SPRING CITY, Tenn. — Mayor Mary Sue Garrison says town leaders will meet early next week to decide whether to appeal a judge’s ruling that Jeff “Bimbo” Rhear has to be placed back on the town’s commission.

“It could cost a tremendous amount of money,” Mrs. Garrison said Friday. “We’re not going to have a knee-jerk reaction.”

Mr. Rhear sued the town in September, 2006, after being commissioners voted 3-0 to oust him for misconduct.

Mr. Rhear was accused of harassing customers and employees at the local Hardee’s in July, 2006. The owner, J&S Restaurants Inc., banned him from the premises, according to records.

A month later, Mr. Rhear used curse words during a meeting between himself, city officials and restaurant management, police reports show.

Circuit Judge Thomas W. Graham ruled last week that Mr. Rhear immediately should be put back on the commission. Judge Graham wrote that Mr. Rhear was not acting as a commissioner when he made remarks toward restaurant employees.

Judge Graham said the speech, while insulting, was not threatening and so ousting Mr. Rhear violated his freedom of speech and civil rights.

“The evidence does not support a finding of misconduct in office or abuse or use of the powers of office and is simply not material to the question of unfitness to public duty,” Judge Graham wrote.

He ordered the town to pay all court costs.

Attempts to reach Mr. Rhear were unsuccessful. His attorney, Joshua McKee of Athens, was out of the country this week, an employee said.

Commissioner Mike Jolley was appointed in Mr. Rhear’s place and is running in the Aug. 7 municipal election. Reached by phone Friday, Mr. Jolley declined to comment.

Mrs. Garrison said the town held an executive meeting Tuesday and met with city attorney Carol Anne Barron. No decision was made, she said.

Commissioners may call a special meeting next week to decide whether to appeal, she said.

“We’re doing some soul searching,” she said.

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