An attorney representing the defendants in a lawsuit filed by former Eureka Springs parks director Justin Huss has asked a special circuit court judge to reconsider his finding that Huss’ firing violated state and local law, and instead dismiss the case altogether.
Attorney Susan Keller Kendall of the Arkansas Municipal League filed separate motions on both points on Monday, Feb. 10, in Carroll County Circuit Court.
Kendall represents the City of Eureka Springs, the Eureka Springs Parks and Recreation Commission and Mayor Butch Berry.
One of Kendall’s motions asks Special Judge David Goodson to reconsider his Jan. 30 ruling, in which Goodson granted a motion for summary judgment by Huss’ attorney, Tim Parker. In an order on that ruling, Goodson said Huss’ firing by then-parks commission chair Ruth Hager in October 2020 violated state law and the Eureka Springs municipal code. Goodson’s order said a hearing would be scheduled to consider whether Huss should be awarded damages.
Parker filed a motion Feb. 5, asking for Goodson to award him attorney’s fees of up to $75,858.75 for his work on the case.
Huss, who was hired as parks director in early 2016, was terminated on Oct. 9, 2020. He was notified that he was being fired in a text message from Hager. The text message was sent two days after the parks commission held a special meeting at which Hager announced that commissioners would be going into executive session “to discuss a personnel issue.”
The commission returned to public session 59 minutes later. Hager asked if there were any motions and none were offered. After a motion to adjourn, the meeting ended without any further discussion.
Parker filed suit on Huss’ behalf in February 2023, arguing that Huss’ termination constituted a breach of contract. Parker filed an amended complaint in September 2023, seeking $450,000 in compensatory damages and $500,000 in punitive damages along with court costs and attorney’s fees.
On Dec. 12, Parker filed a motion for summary judgment, citing Hager’s testimony during a July 10 deposition that she alone made the decision to fire Huss.
During her deposition, Hager testified that the commission did not vote on firing Huss after returning from executive session because no decision was made during the executive session.
“That’s not when it was decided to fire him,” she said.
Title 12, section 12.04.03 of the Eureka Springs city code — the section that outlines “powers” of the parks and recreation commission — states that “(t)he Commissioners may employ or remove managers, janitors or other employees of any nature, kind or character, and may fix, regulate and pay their salaries. The terms, conditions and benefits of employment and rights of any such employees shall be in accordance with those afforded to employees of the city.”
Hager testified in the deposition that she made the decision to fire Huss and that she had the authority to do so as the commission chair.
“According to the policies it does not require the votes of the other commissioners to fire the director,” she said.
In a brief supporting her motion for reconsideration, Kendall writes that “the procedure taken (or not taken) by the Parks Commission is not a decisive factor in and is irrelevant to the factual and legal analysis of the Plaintiff’s claims for wrongful termination.” She also argues that Huss’ complaint amounts to an appeal of an administrative decision by the parks commission and that the circuit court lacks jurisdiction to review such an appeal. She also requests a jury trial to determine if Huss should be awarded damages, if the court proceeds with a hearing on that issue.
Keller also filed a motion for summary judgment on Monday, again arguing that Huss’ claim is essentially an appeal of an administrative decision and that Huss failed to follow the procedural requirements for such an appeal. Keller also argues that the city, the parks commission and Berry are entitled to tort immunity and that Berry is also entitled to qualified immunity.
