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RESOLUTION

A RESOLUTION OF THE COMMISSION


OF KNOX COUNTY, TENNESSEE,
AUTHORIZING THE KNOX COUNTY
LAW DIRECTOR TO HIRE EXPERT
OUTSIDE COUNSEL TO ASSIST THE
LAW DIRECTOR IN ALL LITIGATION
REGARDING MASK MANDATES.

RESOLUTION: R-22-2-902

REQUESTED BY: COMMISSIONER RICHIE


BEELER

PREPARED BY: COMMISSIONER


RICHIE BEELER

APPROVED AS TO FORM
AND CORRECTNESS: _______________________
DIRECTOR OF LAW

APPROVED: ________________________________
DATE

VETOED: __________________________________
DATE

VETO OVERRIDE: _________________________


DATE

MINUTE
BOOK______________PAGE__________________

WHEREAS, as a result of a lawsuit entitled M.D. et.al vs Governor Bill Lee, et al the
Federal District Court for the Eastern District of Tennessee issued an Injunction against the
Knox County Board of Education requiring all students and all other persons entering the
Knox County School System to wear mask at all times; and

WHEREAS, the Knox County Board of Education has challenged the issuance of
said Injunctive relief, and the Federal District Court has consistently held and required the
Knox County Board of Education to require students and all other persons entering the
Knox County School System to wear masks at all times; and
WHEREAS, the Knox County Law Director has represented the Knox County
Board of Education in all matters, including the litigation over the mask mandates; and

WHEREAS, the Chair of the Knox County Board of Education have requested
independent expert legal advice and representation that furthers the ability of the Knox
County Board of Education to pursue its objectives with regard to the Injunctions issued in
the above referenced matter; and

WHEREAS, the Chair of the Knox County Board of Education requests the Knox
County Commission to authorize the hiring of expert outside counsel to advise and
represent the Knox County Board of Education in all litigation regarding the mask
mandates; and

WHEREAS, the Chair of the Knox County Board of Education requests said expert
outside counsel be someone who is agreeable by the Knox County Board of Education; and

WHEREAS, the Board of Education at its regular meeting on February 9, 2022,


specifically authorized the Knox County Law Director’s Office to continue its
representation of the School Board with regard to these matters.

NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF KNOX


COUNTY AS FOLLOWS:

That the Knox County Commission hereby authorizes the Knox County Law
Director to hire an attorney to advise and assist the Law Director in all matters regarding
the litigation regarding the mask mandates imposed upon the Knox County School System
by the Federal District Court of the Eastern District of Tennessee and to render legal
advice to them with regard to any and all mask mandates that are issued affecting the
Knox County School System.

BE IT FURTHER RESOLVED, that this attorney shall have experience in cases


involving the Americans with Disabilities Act and/or the Individuals with Disabilities
Education Act.

BE IT FURTHER RESOLVED, that the Knox County Board of Education shall


have the opportunity to approve or not approve of the Knox County Law Director’s
selected counsel by a majority vote in an open meeting. If the Knox County Board of
Education does not approve the Law Director’s chosen counsel, he shall provide
alternatives until the Board of Education votes to approve.

BE IT FURTHER RESOLVED, this Resolution shall only take effect upon approval
of a majority of the Knox County Board of Education voted on in open meeting.

BE IT FURTHER RESOLVED, any expenses related to hiring said outside counsel


shall be paid from funds appropriated to the Board of Education in the Fiscal Year 2022
Budget adopted by the Commission.
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BE IT FURTHER RESOLVED, that if any notifications are to be made to effectuate
this Resolution, then the Knox County Clerk is hereby requested to forward a copy of this
Resolution to the proper authority; and

BE IT FURTHER RESOLVED, that this Resolution is to take effect from and after
its passage, as provided by the Charter of Knox County, Tennessee, the public welfare
requiring it.

________________________________________
Presiding Officer of the Commission Date

_________________________________________
County Clerk Date

Approved: ________________________________
County Mayor Date

Vetoed: __________________________________
County Mayor Date

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