JACKSBORO, Tenn. — Investigation documents that led to the firing of LaFollette Police Lt. Brian Tiller and Sgt. Monty Miller were shredded after the investigation was complete, according to emails shown in Campbell County Chancery Court.
In June of 2022, Detective Charles Duff sent a complaint to LaFollette City Administrator Stan Foust, alleging harassment by Sgt. Miller and Lt. Tiller. Foust hired Celeste Herbert, a Knoxville attorney, to investigate those claims.
On August 2, 2022, Herbert sent a two-and-a-half-page report to the LaFollette City Council, recommending discipline against those two officers. The City Council, in a 3-1 vote, terminated the pair that evening.
On August 3, Herbert emailed Foust, asking if she could shred the underlying materials.
"My usual practice is to shred investigation materials at the conclusion of an investigation," Herbert wrote in the email, filed as an exhibit in court. "Please advise if this is acceptable."
"Shredding would be fine," Foust responded.
In a show-cause hearing in Campbell County Chancery Court, L. Scott Miller, the attorney for Monty Miller argued the City of LaFollette did not respond to his Open Records Request.
He said all of the investigation materials are subject to the Tennessee Open Records law, and the City of LaFollette policy requires investigation files to be kept for one year.
Lawyers for the city argued those documents are not the property of the city, and therefore not subject to the statute.
Miller said his client will challenge his termination, and those underlying investigation documents are vital to the case.
"He has a constitutional right to challenge his termination and the circumstances behind it," Miller said.
On August 24, 2022, Miller wrote to the City of LaFollette and said if Sgt. Miller did not get his job back, he would "seek all relief available to him under the law."