TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENTDIVISION OF EMPLOYMENT SECURITY

U. I. CLAIM CENTERP.O. BOX 280870

NASHVILLE, TN 37228-0870

ANC 0400/0400

ROBERT D FRANKLIN2015 JULIE DRIVEMT JULIET TN 37122

PHONE:

SSN:BYE:

1-877-813-0950

411-02-177807/26/2008

-

APPOINTMENT NOTICE

DATE MAILED: 08/14/2007

AGENCY REPRESENTATIVE:1877-813-0950X1820

CLAIMANT,

YOU ARE HEREBY REGUESTED TO TELEPHONE THE ABOVE NUMBER ON OR BEFORETHE FOLLOWING DATE 08/21/2007 BETWEEN THE HOURS OF 9:00 AND 3:00CENTRAL TIME.

THIS REGUEST IS IN REGARD TO:

- ADDITIONAL INFORMATION NEEDED TO PROCESS YOUR CLAIM AND/OR CONTINUEYOUR BENEFITS

YOUR EMPLOYER STATES YOU WERE DISCHARGED IN PARTICULAR FORATTEMPTING TO DECEIVE THE ST OF TN FOR GRANT FUNDING.

*************************************************************************

FAILURE TO COMPLY WITH THIS REGUEST MAY RESULT IN LOSS OF BENEFITS AND/ORAN OVERPAYMENT OF BENEFITS.

IF YOU CANNOT KEEP THIS TELEPHONE APPOINTMENT, CONTACT THE OFFICE AS SOONAS POSSIBLE AT THE NUMBER LISTED ABOVE.

*************************************************************************

LB-0497 BP0192 24

TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENTDIVISION OF EMPLOYMENT SECURITY

AVISO IMPORTANTE AGENCY DECISION AVISO IMPoRTANTE

CMC 0400/0400

CLAIMANT: CMC 0400/0400

ROBERT D FRANKLIN2015 JULIE DRIVEMT JULIET, TN 37122

EMPLOYER:

CITY OF JULI ETPD BOX 256ATTN: PERSONNELMT JULIET, TN 37122

CLAIMANT WAS DISCHARGED FROM MOST RECENT WORK.EMPLOYER LISTED SEVERAL REASONS FOR TERMINATION, HDWEVER ONE,IN THE AGENCY oPINION,THAT CAUSED DISCHARGED WAS EMPLDYER'SCONCERN-OF· et:.... IMAN"fATTEMPTfNG· TO BECEWE 'l'HE-STATE -FOR-.-AGRANT. AFTER REVIEW OF RECORD, AGENCY FINDS SUCH AN ATTEMPT.

THE AGENCY FINDS THE CLAIMANT'S ACTIDNS CDNSTITUTE WORK-RELATEDMISCONDUCT UNDER TENNESSEE CODE ANNDTATED 50-7-303 AND BENEFITSARE DENIED.

TCA, AS REFERENCED ABOVE, PROVIDES THAT BENEFITS REMAIN DENIED FDRTHE DURATION OF THE UNEMPLOYMENT PERIOD UNTIL CLAIMANT SECURESSUBSEGUENT WORK COVERED BY AN UNEMPLOYMENT INSURANCE LAW. EARNS TENTIMES CLAIMANT'S WEEKLY BENEFIT AMOUNT AND IS SEPARATED FOR NO FAULTOF THE CLAIMANT. THE CLAIM IS DENIED AS DF CLAIM DATE SHOWN BELOW.

APPEAL RIGHTS: INTERESTED PARTIES HAVE THE RIGHT TO APPEALTHIS DECISION WITHIN 15 CALENDAR DAYS OF DATE MAILED. IF STATEOFFICES ARE CLOSED ON THE FINAL DAY. THE NEXT BUSINESS DAY ISTHE DEADLINE. LATE APPEALS WILL ONLY BE ALLOWED IF YOU CANSHOW, IN A HEARING, THAT YOU HAD GOOD CAUSE. FILE THE APPEALAT THE OFFICE WHERE THE CLAIM WAS FILED OR BY MAIL TO APPEALSTRIBUNAL, DIVISION OF EMPLOYMENT SECURITY. NASHVILLE. TN 37245­0600. THE CLAIMANT'S SOCIAL SECURITY NUMBER MUST APPEAR ON ALLDOCUMENTS. THE CLAIMANT'S POLICY BOOKLET AND THE EMPLOYER'SHANDBOOK CONTAINS ADDITIONAL INFORMATION. IF CLAIMANT FILESAN APPEAL THAT COULD RESULT IN THE PAYMENT OF FUTURE WEEKS.CLAIMANT WILL BE RESPONSIBLE FOR FILING WEEKLY CERTIFICATIONS ..

EMPLOYER RESPONSE: TIMELYRESPONSE RECEIVED: 08/09/2007

LOCAL OFFICE: 0400/0400ADJ OFF ST/DK: 1820

SSN:CLAIM DATE:BYE:

DATE MAILED:

DES 232. 101'1LB-0699

411-02-177808/03/200707/26/2008

08/27/2007

DC09BP0190 i71

Douglas B. Janney III Attorney at Law 

2002 Richard Jones Road, Suite B‐200 Nashville, Tennessee 37215 

 Telephone (615) 742‐5900 Facsimile (615) 742‐5958 

Email doug@janneylaw.com  

www.janneylaw.com 

September 18, 2007

Via Facsimile (615) 741-8933 and U.S. Mail Appeals Tribunal TN Department of Labor and Workforce Development Davy Crockett Tower, Suite 780 500 James Robertson Pkwy. Nashville, TN 37245-0600 Re: Robert D. Franklin, Docket No. 07-11316-AA - SS# 411-02-1778 Dear Appeals Officer: I represent Robert Franklin in the above unemployment compensation appeal. We are unable to conduct the appeal hearing on September 24, 2007, due to scheduling conflicts. Further, since we will be presenting witnesses and documents, we request that a live hearing be scheduled as opposed to a telephonic hearing. We are available on October 9, 10, and 19. Please let me know the date on which we may conduct the appeal hearing. Additionally, we request that subpoenas be issued for the following witnesses and exhibits: 1. Sheila Luckett Acting City Manager City of Mt. Juliet 2425 North Mt. Juliet Road Mt. Juliet, TN 37122 Ms. Luckett will be called to testify about the alleged reasons for the termination of Mr. Franklin’s employment as City Planner with the City of Mt. Juliet, procedures used by the City to secure grants from the State of Tennessee, and her understanding of the role of GNRC in that process.

Ms. Luckett should be commanded to bring a copy of all of the e-mail correspondence between herself, Mayor Linda Elam, Nixon Pressley, Lee Ann Cox, and any other City agent or employee concerning the S and S Industry Grant Application at issue. She should bring a copy of the resolution and/or ordinance passed by the Mt. Juliet Board of Commissioners authorizing the Mayor to sign the grant application. She should bring the Grant Application given to the Mayor and the Grant Application that the Mayor actually signed. 2. Lee Ann Cox GNRC 501 Union Street, 6th Floor Nashville, TN 37219-1705 Ms. Cox will be called to explain her role in the S and S Industry Grant Application. Ms. Cox should be commanded to bring all e-mail, correspondence and documents in her possession or control concerning the application. 3. G.C. Hixon Joint Economic Community Development Board 115 Castle Heights Avenue, North Suite 102 Lebanon, TN 37087 Mr. Hixson will be called to testify about all conversations he had with Mr. Franklin in regard to the population number used on the S and S Industry Grant Application, and about his experience with the State Economic Development Office and his understanding of the application process. 4. Linda Elam 3005 S. Waterford Court Mt. Juliet, TN 37122 Ms. Elam will be called to testify about her discussions with Mr. Franklin, the City Manager, and other individuals about the S and S Industry Grant Application. 5. Rob Shearer 1570 E. Old Laguardo Road Lebanon, TN 37087 Mr. Shearer will be called to testify about the procedures used by the City of Mt. Juliet to secure grants from the State and the role of GNRC in that process. 6. Jill Johnson City of Mt. Juliet 2425 North Mt. Juliet Road Mt. Juliet, TN 37122 Ms. Johnson will be called to testify about the date it was first brought to her attention that Mr. Franklin was allegedly trying to defraud the State.

Ms. Johnson should be commanded to bring all documents, including but not limited to personnel file entries and records of action taken, regarding this allegation against Mr. Franklin. 7. Nixon Pressley 623 Ridgecrest Lane Lebanon, TN 37087 Mr. Pressley will be called to explain his role in the S and S Industry Grant Application process and his understanding of what occurred in that process. Mr. Pressley should be commanded to bring all e-mails and documents he has concerning the population number used in the S and S Industry Grant Application. He should bring all e-mail records between him, Linda Elam, Sheila Luckett, and Lee Ann Cox. 8. Paula Flowers 59 Colonial Drive Lebanon, TN 37087 Ms. Flowers will be called to testify about the opinion she gave regarding the S and S Industry Grant Application and the population figure(s) used. Thank you for your attention to this matter and please contact me with the new hearing date and information regarding your issuance of the requested subpoenas. Sincerely, Douglas B. Janney III cc: Robert D. Franklin

TENNESSEE DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENTEMPLOYMENT SECURITY DIVISIONDECISION OF APPEALS TRIBUNAL

AVISO IMPORTANTE

DATE OF MAILING: 10/19/2007 DOCKET # 07-11316AAOFFICE# 400BYE 07/2612008

CLAIMANT

ROBERT D. FRANKLIN2015 JULIE DRIVEMT JULIET TN 37122 0000

SSN XXX-XX-I778

615-742-5901

EMPLOYER

CITY OF MT JULIETATTN: HUMAN RESOURCESPO BOX 256MOUNT JULIET TN 37122-0000

ER# 0625315

615-754-2552

On August 3,2007, the claimant filed an initial claim for unemployment benefits. On August 27, 2007, theAgency found that the claimant was discharged under disqualifying conditions. In accordance with TCA §50-7-303(a)(2), the claimant was disqualified from receiving benefits until he has earned ten times theweekly benefit amount in covered employment. On August 30,2007, the claimant filed an appeal from thedecision of the Agency to the Appeals Tribunal. After due notice to all interested parties, a hearing wasscheduled on this case in Nashville, TN, on Friday, October 19, 2007, at which time the claimant appearedand was represented by Douglas B. Janney III, Attorney at Law. Lee Ann Cox, Senior EconomicDevelopment Specialist from the Greater Nashville Regional Council, and Robert Shearer, former CityManager for the City of Mt. Juliet, appeared as witnesses on behalf the claimant. The employer did notwish to participate in the hearing and did not appear.

After carefully considering the testimony and the entire record in the case, the Appeals Tribunal makesthe following:

FINDINGS OF FACT: The claimant's most recent employment prior to filing this claim was with City ofMt. Juliet where he worked as a Director of Planning from January 2001 until July 13, 2007. The claimantwas accused of preparing and submitting an application containing false information in an attempt todeceive and defraud the state of Tennessee to obtain grant money for the City ofMt. Juliet. Theaccusation was not true. The claimant did not prepare the application, he did not submit any falseinformation, and he did not direct anyone to submit any false information to obtain the State grant.Consequently, the claimant vehemently denied the accusations. Despite the claimant's denial, the claimantwas terminated from his job.

LB-0952

BS :mwh

CONCLUSIONS OF LAW: The Appeals Tribunal finds that the claimant is eligible to receiveunemployment compensation benefits. The issue is whether the claimant was discharged for work relatedmisconduct under T.C.A. 50-7-303 (a) (2). Misconduct is intentional behavior or conduct by an employeethat materially breaches a duty the employee owes to the employer. It is also behavior that shows a willfuldisregard for the employer's interests, or deliberately violates or disregards the standards of behavior thatthe employer has a right to expect ofthe employee. While the claimant owed the duty to abide by thecompany policy and procedures which prohibits fraud, deceptions and falsifYing of company documentsby its employees, there is no evidence in the record that the claimant violated the company policy. Theclaimant denies under oath trying to deceive or submitting any false information on an application orotherwise to obtain a State grant for the City ofMt. Juliet. There is no evidence in the record that theclaimant engaged in such activity or committed such an act. The employer did not appear at the hearingand has failed to meet its burden of proof in this discharge case. The record fails to establish work relatedmisconduct within the meaning of the statute.

DECISION: The Agency Decision is reversed. The claimant is eligible for unemployment benefits underT.C.A. 50-7-303 (a) (2).

lsi Brian SmithUnemployment Appeals Hearing Officer

Pursuant to the provisions ofTCA § 50-7-304(c), this decision will become final on11/03/2007 unless any interested party makesa written appeal to the Board of Review, Tenn. Dept of Labor and Workforce Development, 500 James Robertson Pky. Suite 770,Nashville, TN 37245-0700 (Fax (615) 741-0290).If the last day for filing falls on a weekend or holiday, the deadline extends to the next business day.Please include the claimant's Social Security number on all correspondence.Claimant is responsible for certifying hislher eligibility on a weekly basis as long as he/she is unemployed.

Este es un aviso importante relacionado con sus beneficios de desempleo.

LB-0952

From: Linda Elam

Sent: Wednesday, May 3D, 2007 11 :42 AM

To: Sheila Luckett; npressley@ssindustries.com

Cc: Linda Elam; 'Paula Flowers'; Bobby Franklin; Shannon Joyner

Subject: RE: Approval letter from state

I'm a little concerned that the full application hasn't been received by the State yet. Can someone verify it's beensubmitted before City funds start being spent?

Thanks,

Mayor Elam

From: Bobby Franklin

Sent: Wednesday, May 30, 2007 12:34 PM

To: Linda Elam; Sheila Luckett; 'npressley@ssindustries.com'

Cc: Linda Elam; 'Paula Flowers'; Shannon Joyner

Subject: RE: Approval letter from state

The application is going before the ECD Board for approval June 8111 . Leanne Cox of the GNRC has beenworking with Rob Porter and Nixon Pressley on the application. It is being "tweaked" prior to its submission onthe 8th

The application will require the Mayor's signature too. Nixon will hand carry it to you as soon Rob Porter finisheshis work (hopefully in the next day or two).

Thanks,

Bobby Franklin

From: Nixon Pressley [mailto:npressley@ssindustries.com]Sent: Monday, June 04, 2007 10:48 AMTo: Bobby FranklinSubject: RE:

Bobby:As to the resolution, Leanne Cox needs a fully executed copy. How can we go ab'out accomplishing same? CanI do anything to assist? I'm told I should have the application signature page today for the mayor to sign and theapplication itself will be ready Wednesday. .Thanks,Nixon

From: "Nixon Pressley" <npressley@ssindustries.com>

Date: Tue, 5 Jun 2007 17:11:42To:<lelam@crsnashville.com>,<lelam@cityofmtjuliet.org>Cc:<lcox@gnrc.org>Subject: FastTrack grant application

Mayor Elam:I just wanted to touch base with you about the signature page for the above-referenced. Iunderstand that the population number used was from a dated census and is thereforeunderstated. I can change that number to whatever number you believe appropriate. Pleaselet me know what number I should insert. Are there any other changes that need to bemade? I should have the rest of the application sometime tomorrow. If you need to seethe rest of the document prior to signing I'll be happy to get that for you once I receivesame. Please let me know if that is what you want me to do and I'll take care of it. Iam trying to get everything pulled together by tomorrow so that we can file the formalapplication on Thursday. Thank you for the help you and the city have provided us alongthe way. We are most appreciative.Nixon Pressley

From:Sent:To:Cc:SUbject:

Linda ElamTuesday, June 05, 2007 6:08 PMNixon PressleySheila Luckett; Paula A FlowersRe: FastTrack grant application

Thanks. Please take the application t Sheila. She'lll get it to me.

Thanks,

Linda ElamBlackBerry

-From:Sent:To:Cc:SUbject:

service provided by NextelNixon Pressley [npressley@ssindustries.com]Tuesday, June 05, 20076:51 PMLinda ElamSheila Luckett; Paula A FlowersRE: FastTrack grant application'

Linda ElamTuesday, June 05, 2007 8:07 PMNixon PressleySheila Luckett; Paula A FlowersRe: FastTrack grant application

Mayor Elam:What about the population number and anyapplication page previously presented?Thanks,Nixon

From:Sent:To:Cc:Subject:

other changes you wish to be made as to the

Please use current numbers. Thanks, Linda BlackBerry service provided by Nextel

From: "Nixon Pressley" <npressley@ssindustries.com>

Date: Thu, 7 Jun 2007 16:46:30To:<lelam@crsnashville.com>,<lelam@cityofmtjuliet.org>,<lcelam@comcast.net>Subject: signature page--FastTrack grant application

lelam@crsnashville.comThursday, June 07, 2007 5:07 PMNixon PressleySheila LuckettRe: signature page--FastTrack grant application

Mayor Elam:Please pardon my persistence but I do desperately need the two signed signature pages forthe application. I understand you are soon leaving town so I would very much appreciate,it if the signatures could be taken care of before you do as time is indeed of theessence. I am available to help courier the document wherever it might need to bedelivered or picked up. Thank you again for your help.Nixon Pressley

From:-:-----

Sent:To:Cc:SUbject:

We have it set up. Sheila will have the signatures Friday am.

Thanks,

LindaSent from my BlackBerry® wireless device

Nixon Pressley [npressley@ssindustries.com]Thursday, June 07, 2007 8:29 PMlelam@crsnashville.comSheila LuckettRE: signature page--FastTrack grant application

From:Sent:To:Cc:SUbject:

Thank you Mayor and thank you Sheila. Sheila, I'll talk to you in 'the morning aboutpicking them up from you and getting them to Leanne Cox.

FASTTRACK INFRASTRUCTURE DEVELOPMENT PROGRAMLevel I Information

Applicant:

Company:

CITY OF MT JULIET

S & S Industries, Inc.

Type of Project: [Check one or more of the major categories plus the appropriate subcategory (ies)1

o Transportation 61:1 Site Improvement

o Road Stormwaler Improvementso Railo Watero Air

o Other (specify)

Applicant's Profile

61:1 Water

o Source

o Treatment Plant

o Storage

o Rehabilitation

61:1 Line Extension

0' Sewer

o System

61:1 Line Extension

Population: 20,392 Development District: _G-=.:N.;..;R;.::C _

County: Wilson City: _M=l...::J.=ul""ie:..:.t _

Grant Rate: 66% + 5% Unemployment Rate: _4;.:..4-'-o:.:;Yo _

ECDB Compliant: X Yes No Economic Distressed County: Yes X No

Three Star Community Status: _C::::o::..:u:,:.n",tyLL, .=L=-ev:..:e:..:.I;.:.II':..- _

Does the Applicant have a Title VI implementation plan in place? X Yes No

Applicant FIN: 62-0909621

Community Chief Executive Officer:

Name: .;..;L",i.;..;nd""a"----,,C.;..;".;;:;E"'la.;..;m"- Title:

Mailing Address: 2425 N Mt Juliet Road Phone:

PO Box 256 Fax Number:

l:J'v Ml;2:!uliet, TN 37122 Email address:

Signature: ttN.K (i tzi1iVApplication Preparer:

Mayor

(615) 754-2552

(615) 754-5742

lelam@cityofmtjuliet.org

Senior Economic and CommunityDevelopment SpecialistName: ....:L::..:e:.:;a::..:n:..:.ne::..::;C,::;ox"-- Title:

Mailing Address: GNRC Phone:

501 Union Street, 6th Floor Fax Number:

Nashville, TN 37219-1705 Email address:

(615) 862-8845(615) 862-8840Icox@gnrc.org

Signature: