A stitch in time may save nine, but Richland's switch of lawyers was just in time to win one lawsuit, with another still to go. The dreams of Patrick Murphy and Vic Stevens just got a whole lot darker.
Flash back to 2000. Jeff Stump held several positions in Richland, including Fire Marshal, Emergency Management Coordinator, Executive Director of the Water Authority, and Assistant Township Manager. But, on August 28, 2000, he was fired from all but the Water Authority as a result of two deficient job performance reviews.
Richland cited numerous public complaints, rudeness, inability to complete his work in a timely manner, poor communication, and refusal to accept job counseling and advice. Stump countered that the reasons were all fabricated, retaliation for his claims that the township was operating in "improper, possibly illegal ways", such as private supervisor meetings.
The plot thickened when it got to money. Stump said that he was offered a settlement to resign, but only if he agreed not to go public with his charges. He also demanded to be paid for 276 hours of overtime pursuant to an alleged oral agreement. The supervisors' version was that Stump demanded a payment to keep quiet, which they rejected.
There was only one place to settle the dispute - United States District Court. Where the big boys play. Stump filed suit in August, 2002, seeking $600,000. He claimed that his right of free speech was denied, and that he was improperly discharged. He allegedly suffered "emotional distress, anxiety, depression, public humiliation and embarrassment, and a loss of self confidence".
Richland produced a letter from the Pennsylvania State Association of Township Supervisors stating that their meetings were legal and proper, citing court decisions. They also had the complaints about Stump's lack of performance and disruptive attitude.
Federal Judge Bruce W. Kauffman ruled last week that Stump's accusations were merely "personal grievances", and not sufficient enough to even go to trial. He pointed out that Stump did not raise any concerns until he was passed over for promotion to Township Manager.
"Plaintiff's (Stump's) behavior, threats, and demands destroyed any proper work relationship with the Board of Supervisors. Further, his intrusion in the decision making process of the Board constituted conduct that could only have had an adverse effect on the discharge of their duties".
"The limited First Amendment interest involved here does not require that the defendants tolerate action that they reasonably believed would disrupt the efficient fulfillment of their responsibilities to the public, undermine their authority and destroy close working relationships". Kauffman issued a Summary Judgment in favor of Richland, and ordered the case closed.
The supervisors are exonerated, and Stump is the big loser. But running a close second in the Unhappy Derby is Patrick Murphy.
Murphy was removed from his volunteer position as Emergency Management Coordinator in September, 2003, after only three months, following reports that he publicly stated that he would be hesitant to respond to an emergency at the CFC Logistics irradiator in Milford. Murphy denied the charges, and claimed that he was fired for signing the nominating petition of supervisor candidate Mike Zowniriw.
The case is very similar to Stump's. Murphy sued Richland in July, 2004, claiming that his right of free speech had been denied, and that he suffered "humiliation and embarrassment and injury to reputation". He alleged that he was presented "in a false light as a deceptive and dishonest person who was devoid of good judgment and analytic skills ...and a demagogue".
Pat's case wasn't helped at all when Governor Rendell ( who Murphy claimed was the only man who could legally appoint his replacement) named a new EMC. And Murphy was upset with Richland for not settling his case out of court. Someone wrote an anonymous email to The Free Press back in April saying, in part:
"When Jeff Stump filed a federal lawsuit against (the township), Richland's insurance carrier covered the liability and paid for a defense attorney. After several years of depositions, discovery, and talks, a settlement was negotiated".
"Apparently (Supervisor Rick) Orloff felt that the insurance company attorney did a subpar job and found the settlement amount was too high. (Richland) hired another additional attorney from Ballard Spahr to step in, nixed the settlement, and started the process again. The board is also using Ballard Spahr in Pat Murphy's case. Talk about wasting tax dollars".
As it turned out, tax dollars were saved, not wasted. The supervisors were proven correct in not settling, and Richland avoided one, and perhaps two, big payouts, which could have dramatically raised future insurance rates. And they made the very important point that they will fight any questionable claim. In today's society, this kind of hard line is necessary.
Stump was a long-time employee. Murphy was a volunteer for three months who was replaced by the Governor. Given the similar free-speech issues, you can bet that Kauffman's decision is already on the desk of the judge in the Murphy case.
Finally, the reason this whole thing affects Vic Stevens, and his candidacy for supervisor. Murphy, and his RCA buddies, are the driving force behind Stevens. They comprise much of his campaign support. Murphy and Stevens have been visiting the township building, gathering information about these lawsuits, so Stevens could publicly complain about the way they were handled.
Can you say wind-out-of-their-sails? Richland saved a big chunk of taxpayer change by refusing to settle with Stump, and expects to do the same with Murphy. There is also something bordering on conflict of interest when a person sues his township, and then plays a big role in the campaign committee of a candidate who would oppose fighting that suit. Maybe Vic Stevens should explain.