A Tennessee rancher and lawyer has filed a writ of mandamus against President Joe Biden over his failure to appoint board members to the Farm Credit Administration (FCA).
Dustin Kittle filed suit on March 22, stating the president had not fulfilled his duty to appoint members to two vacant positions on the FCA board. Kittle claimed this resulted in harm to other borrowers and him losing his farm.
According to court documents, the FCA board is responsible for approving policies, regulations, charters, and enforcement activities to ensure the Farm Credit System’s strength. Additionally, the board oversees the examination and supervision of the Farm Credit System and its institutions. The board is mandated to reflect the public interest, with no more than two members from the same political party. They serve in staggered six-year terms, ensuring continuity in governance.
After the death of Dallas P. Tonsager in May 2019, the board operated with two members until Biden appointed Vincent Logan in October 2022 as board chairman and CEO. The other two board members’ terms have expired, but they continue to serve until Biden appoints successors. Kittle asserts the board members’ continued service “is inadequate and ineffective” and harms FCA due to the uncertainty of their service length.
Kittle cites the FCA’s Office of Inspector General’s identification of “operating with less than an ideal board member composition” as one of the most serious management challenges, and it is out of FCA’s control to address as board members are subject to a presidential appointment. Kittle continued that the lack of board members has resulted in inadequate oversight of the FCA offices.
Conflict with lender
According to court documents, in July 2020, Kittle became both a borrower and stockholder in Alabama Farm Credit (AFC). In July 2021, while refinancing with AFC, Kittle noticed discrepancies in AFC’s handling of his initial loan and the pending refinance, prompting him to request his loan file.
Subsequently, AFC assigned its chief risk officer, Jody Campbell, to oversee Kittle’s account before finally providing him with his loan documents on July 28, 2021. Following this, AFC sought a call with its attorney, Chris Glenos of the Bradley Arant Boult Cummings, LLP law firm, after Kittle began contesting AFC’s management of his loan modification requests and hinted at potential legal action.
Kittle said Glenos violated the Farm Credit Act and the Equal Credit Opportunity Act by refusing to provide the required documents and to accept Kittle’s credit application. Court documents show that in November 2021, Glenos began foreclosure proceedings on behalf of AFC against Kittle, despite Kittle never missing a payment. To avoid foreclosure, Kittle said he had to sell livestock, equipment, a 100-acre farm he purchased months before, liquidate retirement accounts and obtain loans from friends and family. Kittle was ultimately forced to sell his family’s home.
“In 2021, my lender, Alabama Farm Credit, hired a private lawyer who engaged in an egregious campaign of retaliation and extortion against me and against my family, resulting in my family losing our home,” Kittle said on X, formerly known as Twitter. “The retaliation and extortion was reported to the Farm Credit Administration, who failed to intervene and refused to provide us with any substantive response for 657 days.”
Kittle continued that despite FCA’s Office of Congressional and Public Affairs determining that AFC and Glenos violated federal laws and regulations in their actions against his family, they had no recourse.
Following the FCA’s determination, Kittle said he took to social media to share his experiences and highlight the system’s failures in protecting borrowers. Through this, Kittle discovered that AFC borrowers and others across the nation were facing similar violations of their rights, according to court documents.
“As a licensed attorney in Alabama and Tennessee, Mr. Kittle now represents
multiple AFC stockholders whose rights have been violated,” the complaint read.
AFC filed suit against Kittle in December 2023—after Kittle called for a borrower and stockholder meeting—stating that Kittle is not a shareholder of AFC and therefore cannot order a meeting of stockholders. AFC also accused Kittle of defaming its reputation. The U.S. District Court for the Northern District of Alabama dismissed the case in December. However, the court docket shows the two parties are engaged in discussions aimed at reaching a settlement.
Kittle is asking the court to issue an injunction requiring Biden to appoint two members to the FCA within 60 days of the court’s issuance of a writ of mandamus.
“We urge President Biden and those with political authority who believe in the future of agriculture to take action on this—and to do so with the urgency as if their own homes depend on it because for many of us, that is what is at stake,” Kittle wrote on X. — Charles Wallace, WLJ contributing editor
