Mayor Butch Berry introduced attorney Mike Mosley of the Municipal League as a surprise agenda item at Monday’s city council meeting, and Mosley told aldermen he was there on behalf of his client – the city of Eureka Springs – regarding what he termed “a retaliation lawsuit” filed by “a Mr. Morris” who was fired by former Fire Chief Randy Ates in October 2015.
Mosley said Jason Morris was suing the city claiming he was fired because of his position with the firefighters union. Mosley claimed the case was defensible and worth continuing. He also said he had been given a settlement offer which he was ethically obligated to convey to council, though his conveyance should not to be interpreted as his approval.
Mosley said the Morris’s two attorneys requested $12,500 plus Morris’s reinstatement as captain, restoration of accrued benefits, $20,000 as compensation for stress as a result of being fired, and $45,000 for attorneys’ fees and related costs.
“This is not an offer you should accept,” Mosley remarked. “They’re asking for everything.” He said the city denied wrongdoing and he has collected a trove of documents for the city’s defense, including a video of the termination which is strong evidence of no wrongdoing. He said he would file a motion for a summary judgment and the judge might throw out the case. If not, Mosley said he is confident defending the case with evidence he has in hand.
Alderman Kristi Kendrick moved that council not accept the settlement offer, and vote was unanimous to approve her motion.
Berry also mentioned some city officials have been served in a suit against the city by former Parks director Bruce Levine.
Paying the judge
Berry announced there is a new arrangement set by the Arkansas Department of Finance and Administration for how much cities and counties must pay toward the salary of District Court Judge Dale Ramsey. Under the new rules, Eureka Springs will be paying $8,378, which Berry said is about $300 less than it has been paying. Alderman Terry McClung moved to have City Attorney Tim Weaver draft a resolution for the next meeting stating council’s approval of the new agreement.
Other items
- Aldermen approved the third reading of Ordinance 2248 that levies the tax on real and personal property in Eureka Springs.
- Berry announced there are vacancies on the Cemetery and Hospital Commissions.
- Council agreed to hold a workshop on land under the jurisdiction of Parks on Monday, Oct. 17 at 5 p.m. Kendrick said some people misinterpreted her intentions when she introduced the topic, and she encouraged people to go to kristi4council.com for an explanation of her proposal.
- Berry’s office will set up a workshop date and time on the proposed food truck ordinance.
- Berry announced the Corvette Club gave the city a plaque for hosting their Corvette Weekend for the 26th time. At least 600 Corvettes were in Eureka Springs over the weekend, and they plan to return next year.
Council will hold a workshop on lands under the jurisdiction of the Parks Department on Monday, October 17, at 5 p.m.
Next regular meeting will be Monday, Oct. 24, at 6 p.m.