Mann suit going to trial (03/21/08)

A lawsuit filed by a former city employee against the city of Portland will go to trial next week.

A Jay Superior Court bench trial will be held Monday at 3 p.m. in the case of Randy Mann vs. the city and mayor Bruce Hosier, in his official capacity. Mann, who is the former assistant street and park department superintendent, is asking for unused sick pay.

A request for a summary judgment in the case was denied by Jay Superior Court Judge Joel Roberts on Sept. 14. The request was made by attorney Bill Hinkle, who is representing both the city and Hosier.

Mann contends in the suit, which was filed Aug. 10, 2006, that he retired after 15 years of employment, thus entitling him to compensation for unused sick days. City officials contend that he resigned.

The city ordinance states that only those who retire qualify for unused sick pay compensation.

The ordinance does not state how old employees must be to retire. Mann was 39 when his employment ended.

At retirement, accumulated sick days are reimbursed at 50 percent in a lump sum. If Mann did, in fact, "retire" he would be entitled to $4,392.02.

Before filing the lawsuit, Mann asked the Portland Board of Works for compensation for his accumulated sick days.

The request was denied by the board on Sept. 1, 2005.[[In-content Ad]]