Former Key West Attorney Sues City for Breach of Contract

A former city attorney for Key West has initiated a legal action against the city, filing a breach of contract lawsuit in which he asserts that the city has failed to fulfill its obligations under his employment agreement. The suit seeks a declaratory judgment that the city violated the contract. It also seeks enforcement of the city’s duty to pay for the man’s legal defense.

According to the complaint, the attorney’s contract provided for the city to fund his legal defense for claims arising out of his performance of job duties. The suit alleges that after he was indicted in April on three felony counts, including evidence tampering and obstruction of justice, the city ceased funding his ongoing legal defense and terminated him without cause. The indictment stemmed from a joint investigation by the state attorney’s office and the federal Bureau of Investigation into alleged tampering of city records and text messages by municipal employees. In the aftermath, the city attorney contends the city refused to uphold its contractual commitment. His brother and another department head were also indicted; however, they are not parties to this lawsuit.

The contract clause states the city will cover legal defense “if any legal claims are brought against him as a result of his lawful actions” in the performance of his duties. The complaint argues that clause covers him even after leaving employment. The attorney seeks retroactive payment of legal defense costs and future coverage; he offered to release the city from future lawsuits and liability in exchange for the defendant city continuing to pay his legal fees. The city, however, raised concerns because they claim his actions were not lawful, and they feel this would open them to indefinite financial liability.

When the city commission initially considered termination, they contemplated firing him “for cause” vs. “without cause.” If terminated for cause (meaning a substantial violation of city policy), his contract allowed only payout of accrued leave (amounting to about $109,000). If terminated without cause, the contract provided a payout of roughly $221,000. Because the commission fell one vote short of terminating him for cause, they deferred the decision and reopened the meeting to consider a separation agreement. The complaint alleges that the city then terminated him without cause, but withheld defense funding.

In his lawsuit, the attorney claims the city breached the contract by failing to continue paying his legal defense fees and by declining to defend him in a related civil rights suit. In essence, he demands the court declare the city obligated to pay his legal costs and abide by the employment-contract terms. The city’s position is that the contract’s defense clause applies only to actions that are lawful, and since his lawfulness is unresolved, paying indefinite legal fees would expose the city to potential unlimited liability.

Contact Us Today

When a person has been treated unfairly, they may claim a breach of contract. These lawsuits are fairly common, but the plaintiff does not always win, especially in cases where illegal activity is involved.

A Bradenton breach of contract dispute lawyer from Cahall Law Firm can assess your case and work hard to present your interests. Schedule a consultation today by filling out the online form or calling (941) 281-2019.

Source:

keysnews.com/news/former-city-attorney-files-suit-against-city/article_bc35cf53-812a-4e87-838a-de8c5984b8e6.html