By Kristine Thomas
In his dispute with the city of Mt. Angel, former city administrator Jim Hunt sought a total of $265,000 in lost wages, damage to health and reputation, and lost benefits, according to his “Petition for Relief.” The petition listed $185,000 in lost wages, $20,000 in benefits and $50,000 for damage to health and reputation.
Before the matter went through mediation in April and arbitration on Sept. 30 and Oct. 1, the Mt. Angel City Council offered Hunt a severance package worth about $37,250 which included five months severance pay plus 30 days administrative leave along with a letter of recommendation.
In a statement read at the Oct. 12 city council meeting, Mayor Rick Schiedler said the severance offer was three months more than that required under Hunt’s employment contract.
“The reason the council agreed to make this generous offer was to avoid the expenses of mediation and arbitration and to provide Jim Hunt the opportunity to move forward with his career,” Schiedler said.
The city says Hunt refused the offer.
The city’s original letter of termination to Hunt, dated Feb. 17, included payment for two months severance, 30 days administrative leave and 37.39 hours of vacation totaling $11,148, Schiedler said, adding “This was in accordance with the terms of the ‘without cause’ provisions of Mr. Hunt’s contract.”
When Judge Paul Lipscomb ruled in the city’s favor Oct. 6, Hunt received $546 for International City Management Assoc. dues and $7,937 in attorney fees related to a prior dispute between Hunt and three city councilors, plus 9 percent interest on both amounts for a total of $8,483.
As of Sept. 25 the city had spent $29,828 in attorney fees related to Hunt’s dismissal. Billings for the September-October arbitration proceedings were unavailable at press time.
Questions linger in the wake of the case on both sides. Why Hunt didn’t accept the city’s offer and move forward with his career – especially when his contract classified him as an “at-will” employee? Why did the Mt. Angel City Council decide to fire Hunt?
When the Canby City Council fired its city administrator, Mark Adcock, in August, Canby Councilor Robert Bitter said Adcock’s termination was “due to his failure to make satisfactory progress under the terms of a work improvement plan that was laid out by the council, city attorney and mayor… .” Bitter also cited loss of trust and confidence in Adcock’s ability to affectively manage the city’s business. The Mt. Angel City Council never gave a reason for firing Hunt.
Lipscomb’s findings determined that Hunt’s contract wasn’t ambiguous and the city council “had validly terminated Mr. Hunt ‘without cause.’” No justification is required for a without cause termination.
He found that the city has complied with the termination provisions of the employment agreement, including meeting in mediation and arbitration. Lipscomb ruled Hunt couldn’t prevail on any of his wrongful termination claims.
Hunt’s attorney Don Kelley said Hunt’s case against the city of Mt. Angel is over.
“There are potential claims being examined but not against the city,” he said.
Documents about the case are posted on the city of Mt. Angel’s Web site. They include Hunt’s Petition for Relief, the city of Mt. Angel’s Position Statement, depositions taken from Councilors Ray Eder and Mike Donohue, Mayor Rick Schiedler, former Mayor Tom Bauman and Hunt. The Web site is available at www.mtangelor.org/city_council.asp
