An attorney representing the defendants in a lawsuit filed by former Eureka Springs parks and recreation director Justin Huss filed a response Tuesday, Oct. 19, to an amended complaint filed by Huss’ attorney last month in Carroll County Circuit Court.
Defendants in the lawsuit are Mayor Butch Berry, parks and recreation commission chair Ruth Hager, the commission and the city. They are represented by Arkansas Municipal League attorney Sarah Cowan. Huss is represented by local attorney Tim Parker.
Hager notified Huss via text message on Oct. 9, 2020, that he was being fired as director of the city’s parks and recreation department. 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.
During a deposition taken July 10, 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 the amended complaint, Parker cites the Arkansas Freedom of Information Act, which states that: “(n)o resolution, ordinance, rule, contract, regulation or motion considered or arrived at in executive session will be legal unless, following the executive session, the public body reconvenes in public session and presents and votes on the resolution, ordinance, rule, contract, regulation or motion.”
The FOIA also states that: “an executive session will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee,” with exceptions for “the purpose of considering, evaluating, or discussing matters pertaining to public water system security or municipally owned utility system security.”
In the amended complaint, Parker writes that state law requires that city commissions that hold an executive session “reassemble in an open, public session for the purposes of voting on what they have discussed or considered in executive session.”
In her response, Cowan argues that Parker’s “characterization” of the law “is misleading and an incomplete recitation of the statutorily authorized purposes for which an executive session may be convened.”
In his amended complaint, Parker contends that Hager’s actions and those of the parks commission violated both state and municipal code.
“Simply put, Justin Huss was illegally fired in violation of the law,” the amended complaint says. “Accordingly, these attempts to fire him are without legal effect and are accordingly null and void.” Cowan’s response denies any wrongdoing on the part of the defendants.
The amended complaint seeks $450,000 in compensatory damages and $500,000 in punitive damages along with court costs and attorney’s fees and asks for a jury trial.
