A Walker County Superior Court hearing is scheduled for Friday, where attorneys for former Chickamauga Mayor Trey Deck are expected to argue that the city’s charter is unconstitutional because it fails to provide due process protections in removal proceedings.
Deck’s attorney, Jeremy Penland, said he will present evidence showing the charter does not allow for fundamental legal safeguards, including the ability to cross-examine witnesses. If the court agrees, the ruling could trigger a subsequent trial between the city and Deck, Penland told the Chattanooga Times Free Press.
The hearing follows Monday night’s Chickamauga City Council vote to remove Deck from office after city attorneys presented evidence alleging inappropriate workplace conduct. The council voted 4–1 in favor of removal, with Council member Matthew Nave casting the lone dissenting vote.
“I voted the way I did because I was not convinced without a shadow of a doubt that he was guilty,” Nave said following the meeting. “I had questions.”
Deck and his attorneys were absent for much of the hearing after saying they received threats earlier in the day. Despite their absence, the council voted to proceed with the hearing.
In a press release issued prior to the meeting, Deck’s attorneys, Jeremy Penland and Michael Thomas, said the mayor and his legal team would not attend to ensure public safety.
“After much discussion with family, friends and counsel, the mayor and his representatives have made the decision to not appear before the City Council this evening to ensure their safety and the safety of all in attendance,” the statement read.
Toward the end of the city’s presentation, Deck unexpectedly entered the civic center and shouted that his legal representatives were on their way.
City attorneys Ken Mishoe and Mitchell Snyder were allotted 45 minutes to present the case for removal. Snyder opened by outlining procedural steps taken by the city, including notice provided to Deck and his attorneys regarding the hearing and the evidence to be presented.
As part of their case, attorneys played a recording left by Deck on a city employee’s phone in which he can be heard speaking to his dog and repeating a racial slur.
Additional evidence included witness testimony describing an alleged workplace sexual harassment incident. According to testimony, Deck repeatedly referred to a female employee as a prostitute and told her she should “work the corner” to make more money. Other witnesses corroborated the account, and the city presented surveillance footage and audio from a nearby room.
“As a female having someone in a position of authority make you uncomfortable is not OK,” Council member Rhonda Jacks said when she introduced the motion to remove Deck.
When Penland later addressed the council, he sharply criticized the proceedings, focusing on the lack of cross-examination and what he described as a violation of Deck’s constitutional rights.
“What you have just witnessed, what you have just been a part of, is an abomination,” Penland said. “Isn’t it true that if the government doesn’t abide by the law, what good is it anyway?”
Penland also argued the effort to remove Deck amounted to a political “witch hunt” driven by City Manager Michael Haney. Deck campaigned in 2023 on a platform that included removing Haney from his position. Haney has not responded to requests for comment.
The council deliberated in executive session for approximately 20 minutes before returning to vote.
Tensions surrounding the meeting had been building since Jan. 13, when council members announced they would consider removing the mayor. Officials initially withheld specific reasons for the proposed removal, citing the need to ensure a fair hearing.
Security was heightened for Monday’s meeting following reports of threats. Georgia State Patrol officers were present alongside Chickamauga police, and attendees were screened with handheld scanners. The proceedings had originally been scheduled for Jan. 30 but were postponed due to overcrowding at the Chickamauga Civic Center. Outdoor seating and a live broadcast were provided Monday for those unable to enter the building.
Council member Evitte Parrish has been serving as mayor pro tem during the proceedings. Under the city charter, Parrish will continue to act as mayor until the next municipal election in 2028.
Deck was elected mayor in 2024, narrowly defeating incumbent Randy Dalton by a vote of 336 to 320. He campaigned alongside Nave during that election.