Election commission chairman sues Nashville government, former law firm over tax referendum

Mariah Timms, Nashville Tennessean
·4 min read

The latest salvo in years of head-butting between Metro Nashville and its own election commission has moved to the federal level after Davidson County Election Commission Chairman Jim DeLanis filed a lawsuit over a tangle of warring conflicts of interest.

He's asking for $1 million because he says he was pressured by members of his former law firm to back down on a controversial anti-tax hike referendum push that pitted the commission against the city in ongoing, expensive litigation — and claims he was fired because he would not do so.

Anti-tax referendum, costly litigation

The flurry of back and forth lawsuits stems from a grassroots 2021 push to curb Metro'sability to raise taxes, an integral part of its current function. Metro opposes the referendum.

The Municipal Courthouse and City Hall Wednesday, June 22, 2022, in Nashville, Tenn.
The Municipal Courthouse and City Hall Wednesday, June 22, 2022, in Nashville, Tenn.

In May, Metro Council unanimously approved a "full rewrite" of Article 19 of the Metro Charter — which details the process of altering the charter through a referendum election by petition — as part of a set of four proposed revisions that will be on the ballot as early as Aug. 4 for public vote.

The article's previous language is at the heart of the battle. The revision was championed by at-large Council member Bob Mendes, who that month said, "Litigation costs and uncertainty related to referendums in Nashville have gotten out of control."

Through the process, the Davidson County Election Commission has found itself at odds with Metro Nashville's stance.

DeLanis on Wednesday filed suit against Metro Nashville as well as Mendes individually and in his professional capacity as a councilmember, and DeLanis' own former employer, law firm Baker, Donelson, Bearman, Caldwell & Berkowitz.

Davidson County Election Chair Jim DeLanis
Davidson County Election Chair Jim DeLanis

The suit was filed Wednesday in the the Middle District of Tennessee and has been assigned to U.S. District Judge Eli J. Richardson and Magistrate Judge Barbara D. Holmes.

Baker Donelson "categorically denies that it entered into any conspiracy related to Mr. DeLanis," a statement from the firm sent by email Thursday, said. The firm also denies DeLanis' claims he was fired.

"We will not engage in public debate regarding his departure. Baker Donelson will defend itself, and we are confident that defense will be successful," the statement said.

Metro legal associate director of law Allison Bussell said the department was aware of the suit Thursday but declined to comment on the pending litigation.

When reached by text, Mendes said Thursday he had not yet had a chance to read the lawsuit carefully and did not comment on its contents.

"I trust the court system to deal with this lawsuit," he said.

Allegations of illegal coercion attempt

Baker Donelson, a Memphis-based firm that has strong Nashville ties and a local office, often represents the city when outside counsel is needed, court documents show.

DeLanis said the firm regularly conducts conflict of interest surveys and was well aware of his appointment to the commission and the potential conflicts of his position.

He was hired by the firm in 1981 and appointed to the commission in 2012, court documents show. At no time was DeLanis made aware there were issues with his position on the commission, he said in the filing.

Now, DeLanis claims Mendes and Metro reached out to Baker Donelson last year in an attempt to influence the commission.

Commissioner Jim DeLanis discusses the charter amendment referendum based on 4GoodGovernment petition during an Election Commission meeting at the Howard Office Building in Nashville, Tenn., Friday, Sept. 25, 2020. The proposed referendum on the December ballot that would roll back Nashville's 34% property tax increase and curb the city's ability to raise future rates.

DeLanis filed as evidence an email from Baker Donelson's internal counsel John Hicks from May 25, 2021, that read: “we need to have a conversation about the current election commission issues and their impact on the firm’s representation of Metro."

DeLanis claims that at a meeting the following day, Hicks "berated" him and said he, Hicks, had to clean up a "mess" over the conflict between the commission and the city.

Hicks, DeLanis claims, said two major clients — Metro and the Metro School Board — were threatening to pull their business over the conflict. DeLanis claims he told Hicks at that meeting that "attempts to influence the decisions of the commission could be criminal or illegal acts under Tennessee law."

The back and forth is documented in emails over the next month, leading to DeLanis' ultimate termination from the firm in late June 2021. He said he was fired after declining to agree not to appeal a court ruling in Metro's favor. The firm said DeLanis retired.

Mendes sent a letter urging the commission not to appeal the ruling that June. DeLanis argues he believes Mendes also used behind-the-scenes pressure to influence DeLanis' bosses.

At-Large Council Member Bob Mendes discusses the charter amendment referendum based on 4GoodGovernment petition during an Election Commission meeting at the Howard Office Building in Nashville, Tenn., Friday, Sept. 25, 2020. The proposed referendum on the December ballot that would roll back Nashville's 34% property tax increase and curb the city's ability to raise future rates.

Beyond monetary damages, DeLanis also asked the court to block Metro and Baker Donelson from trying to coerce or intimidate him around his decisions on the election commission.

DeLanis v Metro, Mendes by USA TODAY Network on Scribd

Reporter Cassandra Stephenson contributed. Reach reporter Mariah Timms at mtimms@tennessean.com or 615-259-8344 and on Twitter @MariahTimms. 

This article originally appeared on Nashville Tennessean: Election commissioner sues Nashville, Baker Donelson over tax referendum