KNOXVILLE (WATE) - The Knox County law director says $78,000 in severance packages granted to three county senior staffers who resigned should not be released.
Law Director Joe Jarret says in a memo that neither Tennessee law or the Knox County Charter or code empower the mayor to make such payments.
Jarret also says there were no written agreements, and no reference to severance in the employee handbook.
The three former workers would have to sue in order to get their severance pay, Jarret says.
"I don't know what promises were made. I know if there were promises, they were oral promises. But the possibility is that these individuals may sue the county and if they do, we will defend the suit," Jarret said.
"If we would have waited and the checks were actually issued, then we would have had to go to court and then that would have been a legal nightmare I'm sure," Mayor Burchett said.
Jarret is drafting a resolution that will make it clear severance packages can't be given to employees in these situations. County commission will have to vote on it.
New Knox County Mayor Tim Burchett put a hold on the severance packages on Wednesday, right after he took office.
Outgoing Mayor Mike Ragsdale granted the severance packages to Senior Director of Engineering and Public Works Bruce Wuethrich, Senior Director of Library Services Larry Frank and Communications Director Susanne Dupes when they resigned earlier this week.
Wuethrich would have received $32,573.52, plus $17,191.58 in accrued vacation time for a total of $49,765.10
Frank was due for $29,610 in severance and $14,992.50 in vacation pay for a total of $44,532.50.
And Dupes' package was for $15,724.80 in severance and $1,747.20 in vacation pay for a total of $17,492.
Officials say Dupes earned an annual salary of $64,899.42 while Frank made $122,197.35 and Wuethrich took in $134,422.09.
6 News left messages for all three, but none of them returned the calls.
Burchett says he doesn't believe public servants should get severance pay, and they won't under his leadership.
"We've had people that have worked 20, 30 years in parks and recreation, in other departments that don't have the title. To me, those folks are much more important than the Tim Burchetts of the world to the daily course of what goes on in this county and those folks are never offered anything. They don't even get a chicken dinner."
The payouts drew opposition from several Knox County commissioners and numerous people who posted comments on WATE.com.
"If the law was otherwise, regardless of public outcry," said Jarret, "I would have had to just advise the commission it was a valid payment, but that is not the case."
Mayor Burchett said he realizes that former Mayor Mike Ragsdale was just trying to reward loyal employees, but that he has a duty to be a good steward of taxpayer dollars. "I don't think there was anything that was done that was nefarious or crooked. I just don't think in this economic environment it's the appropriate thing to do."
When asked about previous payments made by the Knox County trustee, Jarret says the trustee's authority comes from the state rather than the county.
Jarret, who was appointed law director in July, also says he's unaware of the conditions for other severance packages paid to Knox County workers.
6 News Anchor/Reporter Erica Estep contributed to this report.