County Clerk Wanda Halbert files motion to dismiss ouster
MEMPHIS, Tenn. — Shelby County Clerk Wanda Halbert and her attorney have filed a motion to dismiss an ouster petition filed against her, she announced during a press conference Tuesday.
She also said that she has no plans to resign from her office, and fired back at critics, saying her office had never received a forensic audit as she requested.
“I am very disappointed that something we reported many, many years ago, asked for by virtue of a forensic audit to make us whole and clean, multiple times never occurred, and here we are today,” said Halbert.
Last week, the State of Tennessee filed a petition to remove Halbert from office. The document cited “willful neglect to perform a duty” and “Inaccurate and Untimely Financial Reporting” as the reasons for removal.
She was joined by her attorney Darrell O’Neal.
“But when you look at the law, we look at what the standards are, and the standard in an ouster proceeding is ‘willful’ number one, and then it’s clear and convincing evidence. Mere negligence, or because you don’t like how I run an office, are not enough grounds for ouster, so that’s the basis for our motion to dismiss,” he said.
State files to remove County Clerk Wanda Halbert from office, Halbert speaks out
Following the petition, Halbert issued the following statement:
“The Office of the Shelby County Clerk over the last 5+ years has repeatedly “sounded the alarm” regarding a host of findings/concerns (financial included). Said concerns have been documented and reported to multiple legal County & State entities but never investigated. Fortunately, the day has come that FINALLY begins direct attention to the matters we have raised. While our team cannot discuss these and other matters, we will not be afraid to do what the law requires of us. When given authority, we commit to being transparent and will report accordingly.“
Auditors with the state comptroller’s office stepped in earlier this year to help the Shelby County Clerk’s office manage its finances after county leaders complained they were unable to craft a county budget due to inaccurate revenue reports.
‘A long time coming:’ Local leaders speak on Wanda Halbert ouster effort
“The evidence of incompetence and willful neglect by management in the Shelby County Clerk’s Office is overwhelming,” Comptroller Jason Mumpower said in February. “I have no confidence in the Clerk’s Office to manage its affairs without outside intervention.”
Clerk Halbert said that after years of serving on the Shelby County School Board and the Memphis City Council, she will not always be popular with everyone. Although, she said she will not operate her offices outside of the law, stating that many are not up to standards and laws have changed.
She says she has herself on record asking the commission and the mayor for everything her office needs, but claims she is not getting.
Wednesday, Halbert is scheduled to be at the Shelby County Commission meeting to discuss her corrective action plan.
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