The Herald-News - News Story

Spring City Commissioner Jeff "Bimbo" Rhear has agreed to accept back pay he lost after being kicked off the town commission four years ago, but now he is fighting for attorney fees.

The Spring City Commission voted in 2005 to oust Rhear from public office, but he won a court challenge in 2008 that reinstated him to his seat.

Rhear went before Circuit Court Judge Thomas W. "Rusty" Graham on Thursday to request additional compensation for attorney fees.

Graham - the same judge who ruled to reinstate Rhear to the Spring City Commission - said he must review the case before determining if Rhear is entitled to recoup attorney fees.

"It was an improper action that cost him the money he paid," Graham said Thursday. But the judge said he wants to study Rhear's initial litigation to see if it clearly requests compensation for attorney fees.

The judge did advise Rhear to accept $6,600 in back pay from the city to recoup lost wages from the time he was removed from office until regaining his seat in June 2008.

Rhear said he is also entitled to $3,500 for attorney fees.

"I was done wrong," Rhear said outside the Rhea County Courthouse. "If I can't fight for my rights, how can I fight for the rights of the citizens who voted me into office?"

Spring City Mayor Mary Sue Garrison said the city has attempted to resolve the court case numerous times. She said the city has attempted to pay Rhear his lost wages since the court case ended in 2008, but she said Rhear had previously refused payment.

The Spring City Commission offered a settlement agreement to Rhear earlier this month that would have paid him $3,000 for legal fees, as well. Garrison said the deal is now void.

"The city has made every effort to put this behind us ... and Mr. Rhear has been very uncooperative," Garrison said. "It's caused great duress on the daily operations of our city."

Rhear was removed from office by a majority vote of the Spring City Commission in August 2005. The action was taken in response to Rhear's conduct at the local Hardee's restaurant, from which he was banned, and at a meeting at city hall to discuss the problems at Hardee's.

Rhear filed a lawsuit against the town and the commissioners who voted to remove him from office.

Judge Graham ruled that Rhear be reinstated as a Spring City commissioner until the end of his term in 2010, stating "the confrontation forming the basis of the ... ouster did not arise in the course and conduct of Commissioner Rhear's duties as a City Commissioner."

Ryan Harris can be contacted at ryan.harris@rheaheraldnews.com.