Numerous
taxpayers have requested you seek a court ruling regarding Superintendent
Johnson’s contract extension and your cancellation thereof, rather than place
Sandwich at financial risk based solely upon
non-binding opinion.
Four of you (SC members Marshall, Linehan, Crossman,
& Kangas) wantonly disregarded our requests and your responsibility to
protect our financial interests. Putting
Sandwich at risk for 2 year’s of salary is
irresponsible, arbitrary, capricious and grossly
negligent!
I have consulted an attorney who advised there is a
reasonable possibility the company insuring Sandwich against law suit could deny coverage because of
your willful, negligent actions.
Predicated thereon:
1.
Should
Sandwich be sued and a decision be rendered
requiring monetary payment to Dr. Johnson; and
2.
Should the
Town’s insurer determine they have no legal obligation to make payment on the
Town’s behalf;
Please be advised it is my / our intention to sue the
four of you, both individually and severally, on behalf of all taxpayers and the
Town, for damages plus the cost of litigation, which may exceed
$300,000.
Such suits are not uncommon when employees or elected
officials willfully act outside the scope, responsibilities and requirements of
their positions. In such cases,
employers are not responsible for defending them or paying damages assessed
against them.
Should the insurer refuse to pay, such would constitute a
prima facie case of irresponsibility and arbitrary, capricious, improper conduct
on your parts.
Residents are disgusted with the four of you and your
disregard for our financial interests.
You all should be removed from the Committee. Next May voters will have the chance to
remove you, Madam Chair, and it’s my bet that they
will.
We hope you all can afford the approximate, average
$75,000 plus judgment that could be assessed against each of you. You gambled with town funds and, ironically,
it may well be that you gambled with your own
money.
For future legal reference, I request this document be
made a part of this meeting’s record.
Please do not regard the foregoing as a threat. It is not.
It’s a promise
2 comments:
Richard is probably right that if Dr. Johnson were to prevail the Town’s insurance company may not honor the policy and may not pay. However, I think Richards’ cost estimate is a bit off.
Assume Johnson make $150,000 a year. If the Town lost she’d be owed 3 years times $150,000 or $450,000 total, plus legal fees (another $50,000). That’s $500,000.
She may be able to seek punitive damages. Assume that’s 3 times what she’s owed ($500,000). That’s another $1,500,000. Total possible claim $2,000,000.
Assume Johnson also claims her reputation has been damaged and she’s owed future earnings too. Just 5 years at $150,000 adds another $750,000 to the bill.
Potential liability: $2,750,000
Either way.... I see next year's $3 million deficit groooooooowing -- thanks to The Four Stooges (Nyuk, Nyuk !!)
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