The Ouster of Sheriff Robert Arnold

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Imagine a public company with thousands of shareholders. Every shareholder owns a small piece of the company, just like every Tennessee voter and property owner holds a piece of power in their government. Now, imagine that company has rules in place to protect itself. These rules say that if there’s proof of serious misconduct, like fraud, theft, or abuse of authority, it only takes 10 shareholders to step forward, submit a formal complaint, and trigger a legal process to remove the corrupt employees from their positions.

The company then investigates and gathers evidence. If the allegations are proven, the bad actors are then removed and held accountable. The process isn’t just about punishment; it’s about restoring trust and protecting the value of everyone’s stake in the company. Tennessee law works the same way.

Tennessee’s statutes, our state’s version of bylaws, give citizens the power to protect their government when those in charge break the law or abuse their authority. This process is called Ouster.

If an elected official in Tennessee commits misconduct, neglects their duties, or engages in illegal or unethical behavior, then at least 10 citizens who live in that county, own property, and are registered to vote can file a legal petition to have that official removed from office. These citizens are called Relators.

Once the petition is filed, the case is brought in the name of the State of Tennessee, meaning the government steps in to investigate and prosecute the misconduct, on behalf of the 10 citizens and all the people of Tennessee. The court then reviews the evidence, hears testimony, and if the misconduct is proven, removes the official from power. It’s that simple, and that powerful.

Just like a shareholder protects their investment in a company, Tennessee voters and property owners have the right, and the responsibility, to protect their government. When elected officials no longer follow the law, the people don’t have to wait for politicians or prosecutors to act. The law gives citizens the power to take that first step.

That’s the ouster process. It’s accountability, by design.

In 2016, Rutherford County Sheriff Robert Arnold became the subject of an ouster proceeding following a federal indictment on 14 counts of corruption-related charges, including wire fraud, honest services fraud, and extortion. These charges stemmed from a scheme in which Arnold profited personally from a jailhouse business venture selling e-cigarettes (JailCigs) to inmates, a deal he failed to disclose to county officials.

In response, citizens of Rutherford County, through private counsel and with assistance from the District Attorney, filed a formal ouster petition under T.C.A. § 8-47-101, citing malfeasance, misconduct in office, and violations of criminal statutes involving moral turpitude. In November 2016, the Chancery Court suspended Arnold from office without pay, pending the outcome of the case.

In January 2017, Arnold pleaded guilty in federal court, admitting that he abused his position for personal gain. Based on this admission and overwhelming evidence of misconduct, the ouster petition succeeded. The court issued a final judgment of removal, and Arnold was permanently ousted from his position as sheriff.

This marked one of the rare but definitive uses of Tennessee's ouster law to remove a sitting sheriff for corruption. The case illustrates how citizen-led action, combined with documented criminal violations, can result in a successful ouster, even in the face of institutional reluctance.

• Do not assume that others have or will take care of this.  The number of individuals voicing or filing complaints is extremely important. It is one of the key factors in understanding there is a big problem affecting many people. Mayor Kelly has let us know that he is on the good side of this fight. We have to let him know we are upset too and support his action against these injustices. It does not matter where you are located. Ultimately this is a call for Federal action and Mayor Kelly has the leadership to make that happen.