Wednesday, January 27, 2010

Costs looming ahead....

Two recent postings, A Better Use, 1-24-10, and Different Direction...cont., 1-25-10, have focused primarily on what this town has already paid out - or has been lined up to pay.

Looking ahead, in the weeks not so distant now, to the situation that no selectman or town manager is comfortable talking about or answering questions on because of alleged, or, sometimes, real ongoing legal implications: the Jackson Rule 80-B Complaint.

This is, in effect, a law suit, filed 7-22-09 by former Town Mgr. Jackson after she was fired without cause 6-22-09. This happened at the very first meeting attended by newly elected Selectman T. Ripley, who, along with then serving selectmen D. Ivey and G. Young, voted in a majority of 3-2 to fire her.

The Complaint was filed after it became apparent that Ripley voted before his term was officially to begin. (See posting 7-09-09) There were 9 additional counts as well. The Town of Paris is the named defendant in this Complaint, even though it was the actions of these 3 selectmen that formed the basis for the Complaint. At this point and time, Paris tax payers are slated to pay.

*There have been two offers for settlement made to the selectmen, one public, the other not so public; both were refused. The written offer - that was on the agenda 12-7-09 in an executive session "to discuss pending litigation" - was voted on publicly at the 12-14-09 meeting, and voted down by the 3-2 majority.

But there was an earlier offer, in October, a verbal offer, discussed over the phone, between Town Atty. Hole and "one selectman." The law firm's October 2009 bill included the following items: 10-07-09 Call from Atty. Dench [lawyer representing Jackson] and review file $75; and
10-14-09 Calls from David and to Atty. Dench, brief conference with Atty. Dench and call to David $150.

Neither the public, nor the press, nor, very possibly, the 2 minority selectmen knew about this phone offer. And... it was turned down, in a decision made behind closed doors.

So, no settlement agreement considerations to stem legal fees and pending court costs for the tax payers in Paris.

*Depositions are scheduled to be taken from each of the 3 selectmen. Notwithstanding the outcome of the case, the cost for the deposition process is estimated at several thousand for each side of the case, for preparation, representation, etc.

*Any final $$ settlement, a court decision, at this point, evidently, since the 3-2 majority does not wish to look at anything else, is beyond measure.

Legal bills, to the tune of almost $6,000 to deal specifically with the result of a needless, irresponsible action; hiring costs in the possible ball park of $12,000 from plugging up administrative holes left as a result of a needless, irresponsible action; pending court and additional legal costs, at a minimum several thousand dollars, looming because of a needless, irresponsible action. Was this, all of this sad, sorry business, just because of a personal vendetta?