July 23, 2014 at 2:10 p.m.
Mayor asks for dismissal of lawsuit (08/26/06)
By By RACHELLE HAUGHN-
A motion for dismissal has been filed in a case in which several city employees are suing the city of Portland and its mayor for reprimands received after the funeral of a city official.
Indianapolis attorney Wayne E. Uhl, one of the attorneys representing mayor Bruce Hosier and the city, filed the motion on Aug. 18.
"I don't think the plaintiffs have a legal claim in this case," Uhl said was the reason for filing the motion.
The suit was filed June 23 in Jay Superior Court by wastewater treatment plant superintendent Bob Brelsford, and plant employees Crystal Chapman, Dave McGraw and Dean Chapman.
These employees are seeking to have a letter of reprimand removed from their personnel files. The letter was put there after the employees failed to attend the mandatory calling and/or funeral in July of 2005 for city clerk-treasurer Barbara Blackford.
The plaintiffs also are requesting compensation for damages, punitive damages, costs in relation to the suit and attorney fees.
Several messages left for attorney Michael Quirk, who is representing the city employees, were not returned.
The plaintiffs have not yet answered the dismissal request.
"We are confident that the plaintiffs have no legal claim and that the court should dismiss the lawsuit," Uhl said.
The dismissal request contends that the suit never stated whether the employees are suing Hosier personally or as the mayor.
Hosier can only be served in his capacity as mayor, Uhl said.
Hosier and the city's board of works voted in November to reprimand five wastewater treatment plant employees for not attending Blackford's services or calling hours.
Brelsford was written up for refusing to reprimand his employees for not attending. Among those also reprimanded were McGraw and Dean and Crystal Chapman.
Blackford died July 20 from a sudden illness.
Hosier issued a memo to city department heads on July 21 stating that attendance at both the calling and funeral were "mandatory."
Those employees who did attend the services were paid for their time.
All employees were apparently told to take the afternoon off on July 22 to compensate for time spent at the calling and funeral.[[In-content Ad]]
Indianapolis attorney Wayne E. Uhl, one of the attorneys representing mayor Bruce Hosier and the city, filed the motion on Aug. 18.
"I don't think the plaintiffs have a legal claim in this case," Uhl said was the reason for filing the motion.
The suit was filed June 23 in Jay Superior Court by wastewater treatment plant superintendent Bob Brelsford, and plant employees Crystal Chapman, Dave McGraw and Dean Chapman.
These employees are seeking to have a letter of reprimand removed from their personnel files. The letter was put there after the employees failed to attend the mandatory calling and/or funeral in July of 2005 for city clerk-treasurer Barbara Blackford.
The plaintiffs also are requesting compensation for damages, punitive damages, costs in relation to the suit and attorney fees.
Several messages left for attorney Michael Quirk, who is representing the city employees, were not returned.
The plaintiffs have not yet answered the dismissal request.
"We are confident that the plaintiffs have no legal claim and that the court should dismiss the lawsuit," Uhl said.
The dismissal request contends that the suit never stated whether the employees are suing Hosier personally or as the mayor.
Hosier can only be served in his capacity as mayor, Uhl said.
Hosier and the city's board of works voted in November to reprimand five wastewater treatment plant employees for not attending Blackford's services or calling hours.
Brelsford was written up for refusing to reprimand his employees for not attending. Among those also reprimanded were McGraw and Dean and Crystal Chapman.
Blackford died July 20 from a sudden illness.
Hosier issued a memo to city department heads on July 21 stating that attendance at both the calling and funeral were "mandatory."
Those employees who did attend the services were paid for their time.
All employees were apparently told to take the afternoon off on July 22 to compensate for time spent at the calling and funeral.[[In-content Ad]]
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