25. On information and belief, sometime on or about late March of 2017, several residents in the community discovered HORNSBY’S ineligibility to hold office. Subsequently, copies of his, criminal record were sent by unknown persons to HORNSBY in the hopes that he would act honorably and resign from office. 26. Rather than resigning from an office that he had been appointed to unlawfully, HORNSBY began a misguided process to mitigate his status as an unqualified office holder and harass NBV residents who wanted him to resign from the Commission. 27. During the time that HORNSBY set out to regain his civil rights, HORNSBY left NORTH BAY VILLAGE and returned to Tennessee. During his absence, HORNSBY arranged, through SWITKES and ROLLASON for Commissioner Jackson to also indicate she was unavailable for the April Commission meeting in an attempt to cancel the April Commission meeting out of fear that HORNSBY’S disqualification would be revealed to voters. On information and belief, both SWITKES and ROLLASON, along with NBV Commissioner Jackson all knew at this time that HORNSBY had been unlawfully appointed to the Commission, not having the proper Constitutional requirements to serve. 28. On April 28, 2017, HORNSBY applied with the Circuit Court in Shelby County, Tennessee to reinstate his civil rights. On May 5, 2017, the Court issued an order reinstating HORNSBY’S civil rights. [ See Exhibit “K”, Restoration of HORNSBY’S Civil Rights] 29. Upon the public disclosure of HORSNBY’S ineligibility to serve in office, Defendants ROLLASON and SWITKES orchestrated an attempt to re-appoint HORNSBY under the guise of re-authorizing the votes he took as a member of the Village Commission, At no time, however, did ROLLASON and SWITKES produce any documentation that HORNSBY’S civil rights had been restored, but more important, HORNSBY did not resign from the Commission and thus the Page 6 of 19