Articles Celebrations Obituaries

Unicoi board OKs paying $10,000 to settle lawsuit

By Jim Wozniak
Erwin Bureau Chief
jwozniak@johnsoncitypress.com

 Printer-friendly version

 Email Article

UNICOI — The Board of Mayor and Aldermen on Wednesday authorized paying $10,000 in town funds to help settle a lawsuit filed by the former town recorder Connie Mullins.

The amount was $303.50 less than the figure Town Attorney Lois Shults-Davis said she was asked to present to the BMA. Alderman Ken Kisiel, who made the motion for $10,000, said he liked “round numbers” but said after the meeting he could not disclose why he thought that amount was better.

“I’m glad to have it done — assuming it’s done,” Kisiel said. “Any kind of activity like this that just lingers on just kind of draws energy.”

The BMA approved the settlement in a 4-0 vote, with Vice Mayor Doug Hopson absent. If Mullins accepts this amount, formal paperwork will be filed.

Shults-Davis said she could not discuss a lot of details of the proposed settlement but did clarify that reinstatement of Mullins, who Mayor Johnny Lynch fired in 2007, was not part of the package.

In her suit, Mullins said she was fired on Oct. 24, 2007, because she would not stay silent about Lynch’s activities, “the legality or propriety of which she questioned.”

Mullins said she was fired 14 days after she wrote to Bob Rodefer, Unicoi’s auditor, to seek guidance on financial transactions Lynch made with town funds without BMA approval or in opposition to BMA directives.

Examples she cited were Lynch directing the paving of public roads for selected individuals, friends or political supporters and his asking Mullins to pay a sewer extension of more than $8,000. She also wondered whether Lynch had authority to contract with the county Highway Department for street work without bidding the work.

Mullins alleged Lynch’s actions in firing her two weeks after she raised those questions violated the state’s Public Whistleblower statute.

In addition to reinstatement, Mullins sought all lost wages and benefits and wanted to be paid for reasonable attorney’s fees. Shults-Davis said that amount could have exceeded $100,000 if the town had to pay these costs.

In a legal response, the town’s other attorney, Earl Booze, said Mullins wrote the letter but that Unicoi denied Lynch was acting outside the bounds of the BMA’s guidance. He said the town denied the issues raised in the letter are illegal or that Mullins’ actions are covered under the Whistleblower Statute. Booze said the town has not violated that statute.

Booze raised a number of other legal defenses, including that Mullins’ allegations are barred in whole or in part by the statute of limitations. Booze also said Mullins did not exhaust her administrative remedies and was an at-will employee “subject to discharge with or without cause.”

Booze asked for the case to be dismissed.

“The town has vigorously defended this lawsuit up to this point, and it was anticipated that a three-day trial would have to be conducted,” Shults-Davis said. “I do point out the obvious costs of three days of trial, distraction of the town’s staff and the mayor and Board of Aldermen from other town duties for this amount of time. We’ve already experienced some of that.”

She pointed to a stack about 6-inches tall of documents pertaining to the case.

Shults-Davis said there has been a request for confidentiality with some parts of the settlement.