An attorney representing the defendants in a lawsuit filed by former Eureka Springs parks and recreation director Justin Huss filed a motion for summary judgment on Huss’ behalf Tuesday, Dec. 12, in Carroll County Circuit Court.
The motion filed by attorney Tim Parker of Eureka Springs asks Circuit Judge Scott Jackson to rule that statements and evidence in the case are sufficient to support Huss’ claim that his firing as parks director in October 2020 was illegal.
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.
In his motion for summary judgment, Parker cites Hager’s testimony during a July 10 deposition that she alone made the decision to fire Huss.
Hager notified Huss via text message on Oct. 9, 2020, that he was being terminated. 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 her July 10 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.
The Arkansas Freedom of Information Act, 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.”
Parker contends that Hager’s actions and those of the parks commission violated both state and municipal code.
In court documents, Cowan has denied any wrongdoing on the part of the defendants.
Parker’s motion for summary judgment asks Jackson to reinstate Huss as parks director, award him back pay, retirement pay and benefits, healthcare benefits, incidental damages and interest, as well as attorney’s fees and court costs.
