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GoogleHowever, the city council made no comment about the allegations and the city recorder told council members they can not be speaking with Bushnell about the issue, nor should he have been permitted to address the council.
Bushnell, owner of Quality Collision and Towing, filed a federal lawsuit last year against Bedford County, the city of Shelbyville, its police department and a competing wrecker service, alleging that towing and repair jobs were steered toward one business.
He is asking for $300,000 in compensatory damages, plus an unknown amount of punitive damages, as well as a jury trial.
Request allowed
Councilman Lee Roy Cunningham said that Bushnell wanted to address the council and the tow operator began by playing a recording of police radio traffic that he claimed showed that law enforcement called for a wrecker using an officer's personal cell phone.
Bushnell alleged that favoritism continued in the Shelbyville Police Department in regards to other wrecker services and said he had proof, handing out copies of wrecker call sheets. He also displayed still photos of law enforcement vehicles parked in front of his business, but Bushnell gave no context to the documents nor the photos as to their meaning.
One incident Bushnell cited did not even occur inside the city limits, but within the jurisdiction of Bedford County.
Bushnell also made unspecified allegations about city purchases orders and demanded that the council fire police chief Austin Swing and deputy chief Mike Rogers, who he claimed were allowing the alleged favoritism to continue.
At one point, Bushnell held up a CD that he claimed contained recordings of 911 radio traffic that had been altered and deleted, but he gave no proof of the allegations nor did he play the recording in question.
Council admonished
City recorder Betty Lamb reminded the council after Bushnell made his list of accusations that city attorney Ginger Shofner has instructed them not to talk to the tow operator about his allegations.
"He is in a lawsuit with the city," Lamb said. "The council can not be talking to him." She added that the council should not have allowed Bushnell to address the council on the matter either.
Shofner was not present for the city study session due to illness. Rogers told the T-G after the meeting that he did not feel comfortable addressing the allegations without getting permission from the city attorney.
Lawsuit's claims
In his suit, Bushnell alleges that the defendants violated the Racketeer Influenced and Corrupt Organizations Act (RICO), had tortuous interference with prospective business advantage, violated the Sherman Antitrust Act, violated his constitutional rights and failed to comply with the Freedom of information Act.
The suit alleges that for approximately the past 35 years, Shelbyville police, the city and county "engaged in an established pattern ... which has involved the purposeful routing of wrecker calls and body repair work through a single, local business known as 'Beeches Body Shop'..."
The firm was previously owned by J.C. Beech and is now operating under the name "Ray's Paint and Body," owned by Ray Brown, identified in the suit as a relative of Beech who has managed the tow service for many years.
Bushnell charges in the suit that in exchange "for either reduced or free towing and repair services on city, police and county vehicles," law enforcement for both the city and county allegedly manipulated the informal wrecker rotation schedule the city had set up until this year.
"The practice is believed to have been based initially on a family relationship with local political leaders, and is also related to two judicial commissioners who have worked as drivers for Beeches and Ray's," the suit claims.
Bushnell alleges that some records documenting manipulating the rotation system "have been destroyed or altered," and that other tow operators "observed an established pattern" where business was directed to Beech's and "clumsy alterations of the wrecker rotation schedule documents in an attempt to conceal the favoritism."
He also charges that since becoming increasingly vocal about the alleged practice in recent years, he has been subjected to retaliation, "particularly by members of the Shelbyville Police Department."
City's response
Former city manager Ed Craig said in response to the suit last year that he did not believe that there were any facts that would support Bushnell's allegations.
The jury trial is set for May 25, 2010, in United States District Court in Winchester before District Judge Harry S. Mattice Jr.
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The city council should remind Betty Lamb that she works at the will of the council not the other way around.boy power sure goes to some peoples head fast!Is Lamb an attorney ? she seems to be giving legal advice...
These council members are not attorneys either and shouldn't be doing things against the advice of the Cit Attorney when she's not present, BUT that's how they have been doing things lately. They personally ask her to be interim City Manager, so if they don't want to hear advice from the City Manager, or should I say advice that they only want to hear, then they shouldn't ask her to do it. If they are letting someone address the Council against the WILL and advice from the City Attorney when that person has a lawsuit against the city, then they are obviously not very good Council members either. These members are about to get the city into so much financial (i.e. lawsuits, breaking and entering (kicking in front doors of private property to do clandestine inspections of dilapidated buildings and then admitting it on record in a council meeting), etc.)trouble with their renegade power trip. I know Betty Lamb personally, she is only looking out for the City of Shelbyville. I guess if you have a personal problem with Ms. Lamb, maybe you should pay her a visit and go tell her to her face. Maybe YOU could apply for her job since you know so much. When you are a close relative to a council member, that shouldn't be to hard.
The issue here is that idiot Bushnell and his stupid claims, not Mrs. Lamb. In my opinion, the only person or people he is hurting at this point in time is himself, he's just confirming the opinion of people who think he's acting like a loon.
I don't know Robert Bushnell personnally, but I do work in the automotive repair/towing buisness. What Mr. Bushnell is claiming is so very true and from what I understand he has alot of proof to back up his claims. Besides the federal courts wouldn't be giving him his day in court if he didn't have the proof to back up his claims. Mr. Bushnell has the reputation of a loose cannon from what I've heard, but don't think for one second he doesn't know what he is saying. All of us who have worked in this buisness have watched for years the city and county work going to Beech's (Ray's) and it wasn't until the lawsuit that they finally came to us for an estimate, but Ray's still get the job.
So KUDOS to Mr. Bushnell. You are doing what so many others have only talked about.
First of all, Ray's and Beech's are two entirely different companies. While Ray Brown was employed by Mr Beech for many years, he did NOT own that business. He was merely an employee. Suing him for 35 years worth of transactions, when he's barely 40 years old himself, is ridiculous.
Secondly, this man has filed suit against our local government and several individuals employed by the city. He'll have an opportunity to present his case in court, and absolutely should NOT be allowed to address the city council with his complaints or evidence.
I can't believe that our city council members would engage him in any discussion or allow him to present any documentation in a public forum without the city atty present. That doesn't even make sense. If this guy wins his lawsuit, the proceeds will be coming out of OUR pockets. The city council needs to remember that, regardless of what their personal opinions on the matter may be.
I have no idea if there is any truth to the allegations of favoritism. What I do know is that I have personally always taken my vehicles to Beech's because they stood behind their work. On the rare occasion that I've needed a repair tweaked because I felt that it was less than perfect, they have always complied without any hesitation. Now that Mr Beech is gone, I take my cars to Ray's.
I'd also like to point out that when my son had an accident last year, in my car, we instructed the officer on the scene NOT to call the person on rotation. We called Ray's shop ourselves, because that's who we wanted to do the work. I'm positive that this happens a lot and you can't fault the city or Ray's Body Shop for that.
I will be glad when the day in court gets here. Mr Bushnells claims are false. If someone wants to take their cars to Rays, Browns or whoever that should be their chose its their car. All this is about is jealousy. Do a good job, be respectful, and be fair and business will come your way.
I don't know what Mr. Bushnell can prove, but I know what he can't. His allegations that Beech's Body Shop is now operating as Ray's are about as big a lie as one could tell. Ray opened his own body shop shortly after the death of Mr. Beech. It's not even at the same location. This lawsuit is at best, rediculous.
tinytoes, really...I mean really? Out of all of this you insult Betty Lamb?
From what I read she was simply protecting the city, not acting as an attorney.
I really don't understand the comment about the power going to her head. That is simply a ridiculous thing to say and where in the world you came up with that from reading that article is beyond me LOL.....
You seem to be very jealous of her from all of the insults I read on these blogs from you about her.
Seems to me you could draw more flies with honey than vinegar. I can't see how making enemies of the City, the police officers, and causing a burden on taxpayers through lawsuits that seem to be based on sour grapes could enhance anyone's business. Seems to me Bushnell is trying to make a quick, easy buck off the taxpayers instead of hard work, good service and a good reputation. That's the way Mr. Beech made his living, and it seems Ray has learned well from him and is carrying on the tradition. I can't believe that Mr. Cunningham opened the floor to this man, knowing he had a lawsuit against the city. If he wanted this issue settled by the council, he should have used that route before filing a lawsuit. Now that his gripe is in the hands of lawyers and courts, let him pour out his complaints to them. All this did was get him front page coverage to promote his claim and try to draw supporters. Sorry, that didn't work for me!
From listening to the scanner sometimes, it sounds as if the comm center handles the wrecker rotation for the county. If this is the case, how can the sheriff's department have anything to do with favoritism?
Sounds like sour grapes to me.
I think maybe Mr. Cunningham and Mr Bushnell may be conspirators together in this. Maybe that needs to be investigated by the City Council and attorney.
Justthinking out loud i am with you. Good Grief, You cant ask for anyone nicer than Ray. I tell everybody i know to use Ray. If someone treats you right and honest, you will tell all your friends...I have and i will... DONT BE HATE'N
This lawsuit is about the city's and county's automoble repair work as well as their tow in's being steered to one specific shop. If you read in past articles on this subject, the city admitted to using Beech's because their tow in's were free. Beech's did it free to get the city and county's repair work. From what I understand, Ray's was named in the suit because he continued to do the same as Beech. The city and county are suppose to get three estimates when their government vehicles are damaged and I know for a fact that never happened until the lawsuit was filed by Mr. Bushnell.
Ray's was named in the suit because he continued to do the same as Beech. The city and county are suppose to get three estimates when their government vehicles are damaged and I know for a fact that never happened until the lawsuit was filed by Mr. Bushnell. -- Posted by dansgal on Thu, Nov 5, 2009, at 3:42 PM
Dansgal doesnt have a clue!!!
Who would even think of accusing Betty Lamb of doing anything inappropriate? She simply reminded the council of the city attorney's advice. The point is why Leroy permitted Bushnell to speak. The writer who criticized Betty doesn't have a keen sense of the obvious.
Betty has influence because of her competency. Influence is more civilized than power.
If Betty wanted power, she could have been the City Manager several times, but she never lobbied for the job. She has wisely avoided the fate of several city managers who haven't comprehended the enlightened vision of some of our more quixotic council members.
if you ever met ray or done business with him you would know that he is a good person and buisnessman.he is the most polite person that i know and he takes good care of everyone.he treats people how he wants to be treated.so dont badmouth him. if favoritism was shown to anyone,go to the people and complain about thier mistakes, as i feel ray has not done anything wrong. as far as busnell goes he is one of the sorriest people around.go to his shop and meet him and just try to talk to him.he talks short and smart with evryone and has a very bad attitude and a temper that is way out of control.i know first hand as i done business with him when i worked at an auto parts store here in shelbyville. i never knew how he could even keep a buisness open the way he acts. big loser is all he is .
Dansgal doesnt have a clue!!!
-- Posted by lovineveryminuteofit on Thu, Nov 5, 2009, at 5:13 PM
lovineveryminuteofit,
What clue are you referring to? I'm not disputing the fact that what people are blogging about Ray having a good buisness isn't true. I don't know one way or the other. What I do know, as well as anyone else in the towing and bodyshop industry and others, that work has been steered to one particular bodyshop for the city's towing and repair work. Heck, the city admitted to it. The proof was there for the taking, it was public knowledge and Mr. Bushnell got it. He has done what most of the towing companies and bodyshop's have been complaining about for years. In our industry it was no secret that Beech's did all of the city and county's government vehicles. Before the lawsuit, we never did estimates on city and county vehicles. Since the lawsuit we have, but we know and the police officier knows who is going to do the repairs. You do not have to take my word for it though. Go and ask any other bodyshop owner or towing operator and I bet they will say the same.
It will all come out in court in May, but I have a suspicion that it will probley be settled before the court date.
spell check please...LOL
Small town have small minds, as always there is good old boys and the only way to stop that is the federal government, , this goes for state affairs as well to much who knows who, and what do I-I-I get. That is why they try to keep relatives out of the same work place in private sector and some government.
They will cover it up and keep at it cause they think they are running things, Not the people, We have always had this so good luck.
Small town have small minds, as always there is good old boys and the only way to stop that is the federal government, , this goes for state affairs as well to much who knows who, and what do I-I-I get. That is why they try to keep relatives out of the same work place in private sector and some government.
They will cover it up and keep at it cause they think they are running things, Not the people, We have always had this so good luck.
If the city is getting estimates from other body shops and they are still taking their cars to Rays then that must tell you something. If thats who they trust with their cars then why is it anyone elses business. All this boils down to is jealousy plain and simple. I guess if a city officer ate at Sonic everyday then they should get sued too right. Bushnell and all the other haters need to get a life!!!
Drama in a small town. Sigh.
The Council members need to hit the library and all review Robert's Rules of Order.
Betty Lamb was legally quite correct in her input to the council and you do not need to be a lawyer to understand the why's of what she said.
Who ever allowed Bushnell to be on the agenda of the meeting or if he wasnt, allowed him the podium should not be allowed to chair these meetings again.
Basic legal tenets and even common sense should strongly indicate that a plaintiff in an existing legal action should not be addressing the Council.
If Bushnell's attorney is made aware of his actions at the Council meeting no doubt some rather harsh words will be directed to Bushnell.
Kingcobra289,
Are you suggesting Obama appoint a federal "Tow" czar for Shelbyville and Bedford County? Makes sense to me. Can we also get a "Tree" czar to make sure we get the best deal on pruning the tress on the square? How about a "Common Sense" czar to keep Leroy Cunningham from doing really stupid stuff? Now that would be a full time job.
If I have an accident I should be able pick where I want my car towed. I also think the City/County should use whatever vendor gives the combined best price and service, which is not always the lowest price.
Sounds Mr. Bushnell wants the city and county to "give" him business because he is not capable of getting it on his own.
My question is this: if there is a lawsuit pending initiated by Bushnell against the City of Shelbyville, Bedford County, etc., WHY is he still on the rotation schedule?
Why would Bushnell be allowed to stay on rotation if he is sueing the city.
Sounds like this guy has spent more time watching the other Towing services than he has been operating his. Not every business can be succesful, especially in a small town. This sounds like a clear case of an attemt to get rich quick. 300,000, are you kidding? I have used Rays Paint & Body shop before and they are AWSOME to deal with. I have never heard of quality collision and I have lived here for 10 years. Maybe if the owners of quality collision put as much time into advertising and treating people right as they do taking pictures and stalking the competitor, they might do better in business.
The city is getting estimates from other businesses but what you need to know is it was well after the cars were repaired. You talk about Buschnell taking money from the city well think about this. When other estimates are not obtained there is no low bid process. Bascially Ray has been able to set any price and the city approves the invoice. If there was healthy competition with regards to who does the work the city might actually get to pay the lowest price and thusly saving the city money. Everyone agrees this has been going on for years. This is so easy to prove. I am sure that records will be supeoned and it will be very easy to see out of all of the repairs how many did ray's do as opposed to anyone else in this town. Then they will look into the documentation and the bids recieved and when those bids were recieved. Shout out to all other auto repair businesses has anyone ever from the city came to you and asked you to write an estimate on a car that was already repaired? Also Ray is supposed to follow the laws in order to do business with the city. Well when he and another member of his family had an accident on 231 tell me why it was not reported to the police. You have 20 days to report an accident and that didnt happen. He scooped the damaged vehicle on to his tow truck and took it to his shop. I think Ray broke the law folks. It also seems like there is a rotation for the tow truck drivers and certain shops are being discriminated against and not given thier turn. I am sure that there are policies and procedures in place and someone is not following them.
sad mom,
What accident you referring to?
the one ray had on 231. A passerby called the cops and by the time the cop got there ray was gone his family member was gone and so was the damaged vehicles. Broken glass in the street was still there, evidence. Dispatch has a record of it. It's a Small town Honda14 say it aint true. P.s. There are video cameras everywhere and there might even be one of this incident.
Sadmom you need to get something to make you happy so you will stop hallucinating. I would love to know what car on 231 you are talking about. I think you have lost it. Ray has not done anything wrong. He works hard, does his best to do a job got, he is respectfull to people, he minds his own business and takes good care of his family. If someoene wants their car fixed or towed he does it and does it well. So everyone else just needs to deal with it.
Sadmom,
No, the city hasn't ask us for any estimates on already repaired vehicles. Getting an estimate on an already repaired vehicle is hard to do. I get your point though. Everyone in this buisness knows how easy it is to get the lowest price. You go out and get two estimates and then take it to the shop you want to do the repairs and they go by those estimates for the lowest price.
FYI
I'm not hating on anyone here. Like I stated earlier I'm not disputing anyone's likes or dislikes. But if you search Robert Bushnell's name and read the past articles pertaining to this matter and the articles leading up to the lawsuit, you should be able to see his point in this situation. My point...the city admitted to it.
Has this guy who is raising such a ruckus ever stopped to think that maybe he isn't getting any business is because people just don't like him? I don't even know him, but just from things I'm reading and hearing I think the man is a nut case.Does he go off on people and make a public spectical of himself over everything that doesn't go his way? Is he at every wreck? Does he know for sure who the person asked for to tow thier car? Sometimes people tell you one thing to your face and say another behind your back. I think he should try being a little less vocal & get all his ducks in a row on this one. If I were the other tow companies I would counter sue.
Bellbucklebob:FYI Lamb has in the past tried to get the job as city manager but was NOT hired full time,this was done by at least 2 differant city councils. Enough said!
tinytoes,
That is a lie!! I know this for a fact.
Once again all you are concerned with is bashing Betty Lamb.
ENOUGH SAID....besides get a life!!
Sorry but it is the truth even if it hurts!!!
.
In the last 13 years, I personally have had about 7 accidents in which my car has been towed by Beech's Body Shop, BECAUSE that is who I had the Police Deptment call EVERYTIME! That is who I preferred. Now I wonder how many other people has done the same. (ps Now I will hopefully call Ray's Paint & Body)
You guys on here are so funny and narrow minded. All Buschnell wants is for the process to be fair. The favoritism in this town is rampid from criminal charges to doing business with the city and so on and so on. Look at those people who got busted running the gambling house. The lady got probation and the dudes sentancing is on hold. Im telling you if that was me they would put me so far in jail they would have to feed me with a sling shot. For the record about owner requests which is allowable the problem is when the driver went to nashville Vanderbuilt and was unconscious on the scene and that was an owners request? How did that happen? tell me why if the guy was passed out did he have the presence of mind to say take my car to Rays. There are so many of those situations. When you talk to the people later they are denying the owners request. I really dont think this is going to be resolved I think Shelbyville will continue the way it has all of these years. Ed Craigs job will go to another good old boy with the right connections. Probably Why Ms. Lamb wont get it. I am sure she is more qualified than anyone else appplying. I know so many people with stories of the this kind of stuff that has happened. I have a story, my girlfriend has a story, my neighbor has a story, even the poor lady who had an emergency and had to go to the hospital, her car got towed and she didnt say owners request but guess where her car went. yep rays
rebuttle to justthinkingoutloud: I am already a very happy person (thanks) and I did not make it up. I have not lost it. I just got the street wrong. The accident happened on Madison by Hardees. The accident involved Rays tow truck and his fathers car that was going to the dealership. I have no idea how they hit each other. Im going to look up the ticket that was issued (there WAS a ticket issued) regarding this incident and see the final outcome of it. Do you want me to post the information here so you can see it?
in response to Poor me: If I have an accident I should be able pick where I want my car towed. I also think the City/County should use whatever vendor gives the combined best price and service, which is not always the lowest price.
sorry but the process is supposed to be lowest bid.
sad mom I know exacly what happened on Madison street. Its all public record. Ray is a very honest and hard working guy and deserves all the business he gets. When people like you they refer people to your business. Maybe Mr Bushnell needs to think about that. It has nothing to do with a good ole boys club. It has to do with hard work and doing a good job. I can tell you when I had my wreck Mr Bushnell showed up at the scene as soon as it came across the scanner and the police werent even there yet. I believe thats called running a wreck. I had to tell him myself that he was not towing my car just because he showed up. Im glad Ray is getting all this free adveristment. Im sure it will do nothing but help in him do more business.
.
when they offered Betty the job in the past they would not pay her the same a s the previous manager. At least that is what was told out on the farm
Glad to hear this issue was left alone at the meeting last night.
just thinking out loud: obviously you just dont get it. I guess we will all see what happens. should be very interesting.
I know everything I need to know and more. This whole thing is a joke. I just hope the saying is true. What goes around comes around!!