City Hall on Trial
Fired West Warwick manager sues town
01:00 AM EDT on Thursday, April 24, 2008
WEST WARWICK — Former Town Manager Wolfgang Bauer has filed a lawsuit against the town, alleging he was wrongfully terminated and demanding reinstatement, punitive damages and a public apology.
The suit, filed Friday in Kent County Superior Court, lists 13 claims of wrongdoing on the part of the town. Named as defendants are the Town Council members, as a public body and individually, and Finance Director Malcolm Moore.
Yesterday afternoon, Town Solicitor Timothy A. Williamson said that to his knowledge no local officials had been served with the suit. He said he had not yet reviewed the suit but assumed it would mesh with the elements in a formal litigation notice Bauer submitted about two months ago.
Bauer’s lawyer, Daniel K. Kinder of the Providence firm Little, Medeiros, Kinder, Bulman & Whitney, did not return calls seeking comment.
Bauer was fired in December, after more than nine years as manager, after town officials said he authorized at least 20 purchase orders to pay contractors more than $4 million without ensuring the money was available in the River Walk project account, which held $3.2 million.
Officials said Bauer told the finance director he would handle the expenses personally and, in his miscalculations, overspent the project by $802,000. Town Council members have said the firing was not political and that Bauer’s actions forced their hand.
The firing came about two months after Bauer announced his planned retirement this year. Bauer, who will celebrate his 65th birthday on July 27, would have been eligible for retirement in August, but with accrued vacation and sick time, had planned to leave the town in February.
That month, Bauer formally notified the town of his intent to sue.
In the lawsuit, Bauer alleges that the town fired Bauer to keep him from collecting retirement and pension benefits and discriminated against him because of his age. The suit also claims the council violated the Open Meetings Law by not providing Bauer advance notice that his job performance would be discussed at a meeting and offering him the opportunity to have the session conducted in public.
The lawsuit also claims the council violated both Bauer’s right to due process and the terms of his employment contract, and that council statements to The Providence Journal were “false and were recklessly and/or maliciously made.”
The suit seeks the following:
• All back pay and benefits accrued from his firing through April 1, as well as full early retirement benefits through April 2 and full pension benefits beginning on Aug. 1.
• A written public retraction of the termination letter the council sent to Bauer on Dec. 9 and a declaration that his termination is null and void.
• $100,000 in punitive damages for what Bauer termed public humiliation and embarrassment plus $100,000 compensation for hurting Bauer’s chances for future employment.
• A court order that the town must reinstate Bauer until he retires or resigns — or until the council provides him notice it will discuss his job performance and then four months written notice prior to his termination as stated in his contract.
• A $5,000 fine against each of the Town Council members.
• Reimbursement of Bauer’s legal fees and court costs.
Once the town is formally served with the lawsuit, it has 20 days to file a response with the court.
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