Rutherford Attorney Threatens Council of "Illegal and Unconstitutional" Action

An attorney representing former city councilwoman Marti Rutherford has sent the council a letter threatening action if the council passes an ordinance preventing Ms. Rutherford's interests.

Mayor Ron Littlefield has indicated he plans to hire Ms. Rutherford for a period of three days so she can qualify for certain benefits. The council passed an ordinance on first reading last week to try and circumvent the Mayor's plan. Today Attorney John Anderson provided council members with a tersely-worded letter threatening action if the ultimately pass the ordinance. Below if Mr. Anderson's letter verbatim:

Dear (Council) Chairman Page:

As you know, we represent Marti Rutherford. We are writing to inform you that we are concerned that the ordinance targeting Ms. Rutherford introduced by Councilman Leamon Pierce at the October 23 meeting of the Chattanooga City Council is illegal and unconstitutional.

This ordinance, if passed, is an unconstitutional bill of attainder. Furthermore, its passage in attempting to deny Ms. Rutherford her employment and/or benefits is contrary to the Age Discrimination in Employment Act and could result in the City Council and its members, both in their capacities as members of the council and individually, having liability.

Finally, by passing this ordinance, the Chattanooga City Council would be violating the Equal Protection Clause of the United States Constitution. It is my hope that the Council does not desire to belittle constitutional rights in such air open and well-publicized manner. Ms. Rutherford has been convicted of no crime, has not been ousted from any public position, and it is not the Council's job to sit as judge and jury in this matter.

If the ordinance introduced by Councilman Pierce passes second-reading on October 30, Ms. Rutherford has advised us to take all actions necessary to protect her interests.

Signed,

John R. Anderson

NewsChannel 9 will have full details, including reaction from council members this evening on NewsChannel 9.