By Eric Curl
March 13, 2024 (update) – Former Pooler City Manager Robert Byrd is seeking to dismiss a lawsuit filed by the city against him that questions the legality of his separation agreement.
In his court answer and motion to dismiss, Byrd argues that the court lacks jurisdiction to hear the case because the city’s complaint for declaratory judgement fails to present a justiciable controversy.
“This is an improper attempt to obtain an advisory opinion regarding issues that have already been resolved,” Byrd’s court response states. “Plaintiff seeks to set aside or terminate a contract it lawfully entered into with the Defendant, and has ratified.”
Byrd also seeks in his court filings to disqualify Pooler City Attorney Craig Call’s law firm, Scheer, Montgomery & Call, as the city’s legal counsel due to the firm’s duel role as “necessary witnesses” in violation of the state rules of professional conduct.
A motion hearing has been scheduled for April 23 regarding the matter.
Original Story – Pooler lawsuit: City Manager separation agreement may be illegal
March 4, 2024 (original story) – The city of Pooler is seeking a court ruling regarding the legality of a mutual separation agreement with former City Manager Robert Byrd after it was adopted by the previous city council last December without the city attorney’s approval – a violation of the city’s charter, according to the city’s lawsuit filed last month in Chatham County Superior Court.
The city’s lawsuit against Byrd claims that Pooler City Attorney Craig Call believed the agreement was illegal because it violated the state’s gratuities clause and that the Georgia Attorney General’s Office offered an unofficial opinion in February supporting Call’s claim. The separation agreement with Byrd included two years of salary, amounting to about $500,000, and the sale of a 2023 pickup truck for $10,000, “substantially below actual value,” according to the February complaint.
The city’s complaint further alleges that since Byrd’s employment ended with the city at the end of last year, he has received the title to the F150 truck and collected more than $50,000 in payments under the agreement.
“The current administration does not want to set a precedent of overturning decisions of a prior administration, however when the matter involves potential illegality, there must be some action taken to ensure the prior action was in fact legal, particularly when it could affect the taxpayers of Pooler,” the city’s complaint states.
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The lawsuit claims that former Mayor Rebecca Benton, who is also an attorney, dismissed the city attorney’s concerns as incorrect in a letter to him and all of the then council members on Dec. 28, while also sharing comments from an unnamed attorney from an Atlanta-based law firm making assurances that there has been a “thorough review” of the agreement.
“Thus, the Mayor and Council of Pooler were presented with two conflicting legal opinions as to the legal validity of the (agreement),” the lawsuit states.
Benton declined on Monday to comment for this article.
The city requests in the complaint a judicial determination as to whether there is an obligation to continue making payments and adhering to the other obligations of the agreement.
The separation agreement was approved unanimously on December 4 by the previous council’s members at the time, Shannon Black Valim, Shirlenia Daniel, Aaron Higgins, Stevie Wall, John Wilcher and Karen Williams. Williams is now serving as mayor after defeating former council member Stevie Wall and another candidate, Tony Davis, to take the seat. Valim, Higgins and Wilcher were also re-elected for another term. Benton no longer serves on the council after being defeated in a run for a council seat.
The current council also has two new members with the addition of Wesley Bashlor and Michael Carpenter, who were not on the council when the agreement was approved last year. Council member Tom Hutcherson was previously on the council but was not present to vote on the separation agreement after resigning his seat in October before being re-elected in November. Daniel was appointed to replace him, but was not reelected.
Byrd was Pooler’s city manager for 21 years before submitting his resignation in December. Matthew Saxon, who has served as assistant city manager since 2016, is serving as interim city manager.
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What kind of job besides govt pays people to stop working for two years? Absolutely ridiculous.