July 23, 2014 at 2:10 p.m.
Mann files suit for sick day payoff (08/29/06)
By By RACHELLE HAUGHN-
A lawsuit has been filed against the city and its mayor on behalf of a former street and park department employee who is seeking compensation for unused sick days.
Randy Mann, a former assistant superintendant for the Portland Street and Park Department, left city employment a year ago.
The suit was filed Aug. 10 in Jay Superior Court against the city of Portland and mayor Bruce Hosier.
Mann contends that he retired from his job of 15 1/2 years, while city officials say he resigned, Mann's attorney Michael P. Quirk of Muncie, said Monday.
According to the city's payroll ordinance, employees who retire are eligible to receive compensation for unused sick days.
"The whole issue really hinges on whether or not he retired," Quirk said. "We say he retired. They say he resigned," he said, referring to city officials.
According to Quirk, Mann sent a letter stating his intentions to retire to street and park department superintendent Jeff Harker at the end of July or beginning of August 2005.
In the letter, Mann stated that he wanted to retire to have more time to spend with his family, Quirk said.
"He took the appropriate steps to retire," he said.
The payroll ordinance which was in place in 2005 and this year states that at retirement, employees will be reimbursed for accumulated sick days at 50 percent. The payment will be in a lump sum.
The ordinance does not state how old employees must be to retire.
"They say he's too young to retire," Quirk said.
City attorney Bill Hinkle, who is representing the city and Hosier in this suit, declined to comment on the employee policy because he has not yet read it.
Quirk said Mann had about 369 hours of unused sick days at the time he left employment with the city. After the 50 percent deduction, this would be about a month's pay, he said.
Portland Clerk-Treasurer Linda Kennedy, asked this morning for Mann's hourly rate at the time he left employment, referred the question to Hinkle because of the pending litigation.[[In-content Ad]]
Randy Mann, a former assistant superintendant for the Portland Street and Park Department, left city employment a year ago.
The suit was filed Aug. 10 in Jay Superior Court against the city of Portland and mayor Bruce Hosier.
Mann contends that he retired from his job of 15 1/2 years, while city officials say he resigned, Mann's attorney Michael P. Quirk of Muncie, said Monday.
According to the city's payroll ordinance, employees who retire are eligible to receive compensation for unused sick days.
"The whole issue really hinges on whether or not he retired," Quirk said. "We say he retired. They say he resigned," he said, referring to city officials.
According to Quirk, Mann sent a letter stating his intentions to retire to street and park department superintendent Jeff Harker at the end of July or beginning of August 2005.
In the letter, Mann stated that he wanted to retire to have more time to spend with his family, Quirk said.
"He took the appropriate steps to retire," he said.
The payroll ordinance which was in place in 2005 and this year states that at retirement, employees will be reimbursed for accumulated sick days at 50 percent. The payment will be in a lump sum.
The ordinance does not state how old employees must be to retire.
"They say he's too young to retire," Quirk said.
City attorney Bill Hinkle, who is representing the city and Hosier in this suit, declined to comment on the employee policy because he has not yet read it.
Quirk said Mann had about 369 hours of unused sick days at the time he left employment with the city. After the 50 percent deduction, this would be about a month's pay, he said.
Portland Clerk-Treasurer Linda Kennedy, asked this morning for Mann's hourly rate at the time he left employment, referred the question to Hinkle because of the pending litigation.[[In-content Ad]]
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