Curren files complaint against Greenfield, former officials
By
Brandy Chandler-brandychandler@gmail.com
A former law director for the city of Greenfield has filed a civil complaint against the city, its former city manger and members of council alleging they conspired together to seek his termination from the city.
The complaint was filed Monday in Highland County Common Pleas Court on behalf of Conrad Curren, an attorney who was law director for Greenfield until October 2008 when he was terminated.
Curren, who is represented by attorney Jon Hapner, alleges in five counts that former city manager Charles Bowman, current council member Harvey Everhart and former council members John Wagoner and Earlene Scott, "in concert with each other, and with malice of purpose, bad faith and in a wanton and reckless manner unlawfully conspired to terminate (Curren) from the office of law director."
He is seeking $14,000 in lost salary from the city and a total of $25,000 from Bowman, Everhart, Scott and Wagoner, collectively.
Current City Manger Betty Bishop told The Highland County Press that the city just received notice of the suit on Wednesday.
"I have reviewed it and contacted (current law director) Brian Zets and we are also in the process of faxing it to our insurance company," Bishop said. "I do not know anything about it; I wasn't here (when the activities alleged in the complaint took place). I am getting it to the proper people so they can take care of it."
Everhart told The Highland County Press that he had not been notified of the complaint.
The complaint contained the following allegations:
The Defendant, City of Greenfield, is a municipal corporation,
organized and existing the laws of the State of Ohio, and located in
Highland County, Ohio.
2. Plaintiff is an attorney-at-law, residing in Greenfield, an elector thereof, and was, as of Oct. 21, 2008, the duly appointed Law Director of Greenfield. He has been elected to said office, and was holding the office at the time the city adopted a city manager plan of government.
erflow-y: hidden;">3. At the time of the actions complained of herein, Defendant, Charles V. Bowman, was holding the office of City Manager in Greenfield, and he subsequently resigned said office.
4. Defendant, Harvey L. Everhart, was elected to the office of City Council and is still in such office.
5. Defendants, Earlene Scott and John Wagoner were elected to council and held office in September and October 2008. They are no longer on council.
6. In August 2008, Council introduced an ordinance, No. 26-08, to establish the duties of law director, the salary of the law director and appointing Plaintiff to the position for one year, effective on the effective date of the ordinance, being Oct. 16, 2008.
Count One:
7. Plaintiff says that the Defendants, Everhart, Scott, Wagoner, and Bowman, acting as members of the City Government and individually, in concert with each other, and with malice of purpose, bad faith, and in a wanton and reckless manner, unlawfully conspired to terminate Plaintiff from the office of law director. Plaintiff says that this conspiracy culminated at the Oct. 21, 2008 council meeting with the adoption of a motion to terminate Plaintiff.
Count Two:
8. Plaintiff says that in furtherance of the conspiracy, Defendants, as members of City Council and the City Government, and individually, planned such termination in violation of the sunshine law, ORC Section 121.22 et seq.
Count Three:
9. Plaintiff says that the termination vote was a nullity, in that there were five elected members of council on Oct. 21, 2008. One seat was vacant, and Defendant, John Wagoner, was not a resident of the City of Greenfield, and thus not entitled to hold office or vote at said meeting. Therefore, the vote on Oct. 21, 2008 was a nullity, as was the vote of Nov. 10, 2008 on the same subject for the same reasons.
Count Four:
10. Plaintiff says that the alleged termination of Plaintiff as Law Director did not comply with the laws of Ohio (ORC 733.35, et seq.) and violated Plaintiff's rights at law, in that he was given no rights to respond, to be heard or be determined. Plaintiff says that his legal and constitutional rights were violated all to his damage.
Count Five:
11. In furtherance of the conspiracy alleged in his Complaint, Defendants submitted a complaint to the disciplinary counsel of the State of Ohio dated Oct. 19, 2008 and received by Disciplinary Counsel on Oct. 27, 2009. Such complaint was found to be not well taken by the Counsel after injury and was dismissed.
12. The Complaint was dated one week before Plaintiff's appointment under the ordinance was to take effect, and no notice was given to the Plaintiff of this complaint. The complaint recited actions by Plaintiff in his official capacity from Sept. 17, 2003 to Aug. 26, 2008, which would be beyond the scope of Ordinance 26-08, and were known to the Defendants.
13. The complaint contained the forged signature of one member of council, and such submission constituted tampering with evidence in that the submission of the complaint with the forged signature
constituted the presentation of a document knowing it to be false, with purpose to mislead a public official.
14. Plaintiff says that such submission was with malice and design, and damaged both Plaintiff's reputation and standing in the community.
15. Wherefore, Plaintiff demands damages in the following amounts: 1) One year's salary from the City of Greenfield, per ordinance in the amount of $14,000; 2) Damages in excess of $25,000 from each and collectively from defendants Harvey L. Everhart, Earlene Scott, John Wagoner, and Charles B. Bowman; and 3) For his costs and such other and further relief as may be proper.
A former law director for the city of Greenfield has filed a civil complaint against the city, its former city manager and members of council alleging they conspired together to seek his termination from the city.
The complaint was filed Monday in Highland County Common Pleas Court on behalf of Conrad Curren, an attorney who was law director for Greenfield until October 2008 when he was terminated.
Curren, who is represented by attorney Jon Hapner, alleges in five counts that former city manager Charles Bowman, current council member Harvey Everhart and former council members John Wagoner and Earlene Scott, "in concert with each other, and with malice of purpose, bad faith and in a wanton and reckless manner unlawfully conspired to terminate (Curren) from the office of law director."
He is seeking $14,000 in lost salary from the city and a total of $25,000 from Bowman, Everhart, Scott and Wagoner, collectively.
Current City Manager Betty Bishop told The Highland County Press that the city just received notice of the suit on Wednesday.
"I have reviewed it and contacted (current law director) Brian Zets and we are also in the process of faxing it to our insurance company," Bishop said. "I do not know anything about it; I wasn't here (when the activities alleged in the complaint took place). I am getting it to the proper people so they can take care of it."
Everhart told The Highland County Press that he had not been notified of the complaint.
The complaint contained the following allegations:
The Defendant, City of Greenfield, is a municipal corporation,
organized and existing the laws of the State of Ohio, and located in
Highland County, Ohio.
2. Plaintiff is an attorney-at-law, residing in Greenfield, an elector thereof, and was, as of Oct. 21, 2008, the duly appointed Law Director of Greenfield. He has been elected to said office, and was holding the office at the time the city adopted a city manager plan of government.
3. At the time of the actions complained of herein, Defendant, Charles V. Bowman, was holding the office of City Manager in Greenfield, and he subsequently resigned said office.
4. Defendant, Harvey L. Everhart, was elected to the office of City Council and is still in such office.
5. Defendants, Earlene Scott and John Wagoner were elected to council and held office in September and October 2008. They are no longer on council.
6. In August 2008, Council introduced an ordinance, No. 26-08, to establish the duties of law director, the salary of the law director and appointing Plaintiff to the position for one year, effective on the effective date of the ordinance, being Oct. 16, 2008.
Count One:
7. Plaintiff says that the Defendants, Everhart, Scott, Wagoner, and Bowman, acting as members of the City Government and individually, in concert with each other, and with malice of purpose, bad faith, and in a wanton and reckless manner, unlawfully conspired to terminate Plaintiff from the office of law director. Plaintiff says that this conspiracy culminated at the Oct. 21, 2008 council meeting with the adoption of a motion to terminate Plaintiff.
Count Two:
8. Plaintiff says that in furtherance of the conspiracy, Defendants, as members of City Council and the City Government, and individually, planned such termination in violation of the sunshine law, ORC Section 121.22 et seq.
Count Three:
9. Plaintiff says that the termination vote was a nullity, in that there were five elected members of council on Oct. 21, 2008. One seat was vacant, and Defendant, John Wagoner, was not a resident of the City of Greenfield, and thus not entitled to hold office or vote at said meeting. Therefore, the vote on Oct. 21, 2008 was a nullity, as was the vote of Nov. 10, 2008 on the same subject for the same reasons.
Count Four:
10. Plaintiff says that the alleged termination of Plaintiff as Law Director did not comply with the laws of Ohio (ORC 733.35, et seq.) and violated Plaintiff's rights at law, in that he was given no rights to respond, to be heard or be determined. Plaintiff says that his legal and constitutional rights were violated all to his damage.
Count Five:
11. In furtherance of the conspiracy alleged in his Complaint, Defendants submitted a complaint to the disciplinary counsel of the State of Ohio dated Oct. 19, 2008 and received by Disciplinary Counsel on Oct. 27, 2009. Such complaint was found to be not well taken by the Counsel after injury and was dismissed.
12. The Complaint was dated one week before Plaintiff's appointment under the ordinance was to take effect, and no notice was given to the Plaintiff of this complaint. The complaint recited actions by Plaintiff in his official capacity from Sept. 17, 2003 to Aug. 26, 2008, which would be beyond the scope of Ordinance 26-08, and were known to the Defendants.
13. The complaint contained the forged signature of one member of council, and such submission constituted tampering with evidence in that the submission of the complaint with the forged signature
constituted the presentation of a document knowing it to be false, with purpose to mislead a public official.
14. Plaintiff says that such submission was with malice and design, and damaged both Plaintiff's reputation and standing in the community.
15. Wherefore, Plaintiff demands damages in the following amounts: 1) One year's salary from the City of Greenfield, per ordinance in the amount of $14,000; 2) Damages in excess of $25,000 from each and collectively from defendants Harvey L. Everhart, Earlene Scott, John Wagoner, and Charles B. Bowman; and 3) For his costs and such other and further relief as may be proper.
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