TRYON – Former Tryon Fire Chief Joey Davis’ attorney Stephen Lindsay says Davis is considering a lawsuit against the town over his firing last week.

“I certainly think his termination was premature given the investigation that is ongoing right now,” Lindsay said, “and the fact that it hasn’t yet concluded and given that there’s no evidence whatsoever that (Davis) benefited even one penny.”

Davis was fired last Friday, Jan. 27 by town manager Zach Ollis. The town released a statement on Tuesday, Jan. 31 which said Davis was terminated for failure in personal conduct, conduct unbecoming of a public officer or employee, misappropriation of town funds, misrepresentation in town records for personal profit or to grant special privileges.

“These failures stem from Mr. Davis’s use of town credit cards,” states the release, “from April to August 2016, while he served as town manager and fire chief, to pay more than $2,000 of personal expenses of an elected official, and Mr. Davis’s representation that said expenses would be charged to a grant which does not allow for the payment of such expenses. The elected official whose bills were paid is Tryon Town Commissioner Roy Miller.”

The Bulletin contacted Miller on Tuesday and Miller responded that he doesn’t wish to comment.

Lindsay said Wednesday that he could see the town suspending Davis with pay until the investigation is over but not terminating him.

“Terminating him leaves the city exposed to a lawsuit and leaves commissioners exposed to a lawsuit,” said Lindsay. “And that’s what we are pursuing right now.”

Lindsay also said now people are running around pointing the finger, accusing Davis of things he has not done.

“From a legal perspective, I’m just pleased,” Lindsay said. “They’d be wise to back off. Because they are building his lawsuit.”

Lindsay also said it’s troublesome to him when you’ve got a person in the spotlight and they say ‘don’t pay attention to me, pay attention to this other person.’

“Keep your eye on the ball,” Lindsay said. “Who got the money?”

Anybody who knows Davis, Lindsay said, “knows he is honest as the day is long.”

“He has cooperated fully and the town has made a serious mistake by firing him and now they are pointing the finger about things they know he hasn’t done.”

Lindsay said Ollis will get a letter from him by today, Thursday, Feb. 2, giving notice that the town needs to reinstate Davis and that Lindsay is considering a lawsuit.

“I’ve been hearing some accusations about money missing from the fire department and (the town) is about to get a letter about a lawsuit for slander,” said Lindsay. “When you start saying things like that, your personal assets are on the line. They need to be careful in what they say. I think people have known for years what’s been going on down there.” 

Tryon named Geoffrey Tennant as its interim fire chief following Davis’ firing.

Davis had been the town’s fire chief since 2007 and on a few occasions also was the interim town manager and then was the fire chief and permanent town manager combined from 2013-2016. The town decided to split the positions last February and hired new town manager Ollis in August 2016. Davis stayed on as the town’s fire chief after the positions were split.

The town’s release said the matter has been under investigation by the North Carolina State Bureau of Investigation (SBI) since October 2016 and as that investigation is continuing, the town has no further comment.