Portsmouth Daily Times Article by Frank Lewis
http://www.portsmouth-dailytimes.com/view/full_story/7145718/article-Portsmouth-Hit-With-Another-Lawsuit?instance=secondary_news_left_columnIn the article Mr. Lewis states that Duncan is filing on 6 different counts in his lawsuit and, that each count calls for damages in excess of $25,000.00. Mr. Lewis also stated; "That is the standard minimum figure utilized in all filings of that type of suit, and is not the actual figure being sought." Indicating that the lawsuit will be more than the $150,000.00 minimum figure.
In short, filing suit because he was fired, let go or replaced! The state's governor does this everytime their is a change in the political office holder! Democrats and Republicans are fired from their positions when a new party takes office. The Department of Corrections and the Department of Transportation are prime examples of this common practice. Prisons get new wardens and DOT gets new directors and district directors.
Then, why? Is it such a big deal when a new mayor takes office; that they make changes as well! It plainly states in the City Charter that these department heads can be hired or fired by the mayor of the city. For, those of you who question the basis of my comments; you can find this information in Sections 31 & 32 of the city charter.
So, Mr. Frank Lewis and the Portsmouth Daily Times! I challenge you this. Rick Duncan is now back to work at his old job. Do a follow-up story on this lawsuit. Here, I'll even help you out with some suggestions on some questions to ask.
- Ask, Duncan: Did your lawsuit settle and for how much?
- Ask, Duncan: In what way did you being fired from this position earlier harm your pofessional reputation? Didn't you obtain a well compensated job in Waverly, Ohio after leaving Portsmouth?
- Ask, City of Portsmouth: How much was Duncan's lawsuit settled for and, did the city's insurance cover the damages?
- Ask, Duncan: When formerly employed in his current position; did he ever screw his office door shut when he left his office? And, if so, for what reason?
- Ask, Duncan: When the office door was screwed shut closed by him; did subordinates crawl through the acoustic ceiling tiles to gain access to his office? What do you suppose they were looking for? Or, did his fellow employees dislike him that much?
- Ask Duncan and City: Provide his current contract of employment with the city of Portsmouth?
These are just a few suggestions Frank that should get you going in the right direction, not the corrupt direction!
One other question you might ask Rick Duncan. About the North Moreland Area Sanitary Sewer Rehabilitation Project. Ask him if he ever received a letter from a local engineering and surveying firm dated August 10, 2009 and, if he signed a Notice to Proceed dated Aug. 20, 2008. Has this project been completed and funded?
Well, enough for now! The North Moreland Area Sanitary Rehabilitation Project is a whole other article in the very near future!
You really should read your own link. "Former wastewater director claims defamation, libel."
ReplyDeleteI didn’t sue Jane Murray for firing me. She was the Mayor and she could fire who she wanted to. I sued her for libel and defamation. She told several individuals I took kickbacks from companies doing business with the City, which was a lie. She also had at least two of her cronies call the Portsmouth Times to slander me: Jeff Peck and Al Barlow. (I have the tapes.)
It’s one thing when stupid people on the internet tell lies about a person. But the mayor of the town I grew up in publicly accused me of crimes, and I felt I needed to defend my reputation. I think you would do the same thing.
In December, after Murray was removed by the voters, the city’s insurance company called my attorney and offered a settlement. With Murray out, I saw no need to keep the suit going, so I agreed. After the attorney fees, it was approximately equal to one year of my City retirement. I thought it was fair, since Jane was in office for one year.
There are two doors to my office. One of the doors did not lock properly, so sometimes I screwed it shut. The lock has since been fixed so I don’t screw it shut anymore. I have confidential files in my office related to employee disciplinary and medical records. These have to be kept locked up. Also I have a few personal items in my office.
Whether anyone has climbed into my office through the ceiling, I don’t know. I hope not. People are fired for breaking into their boss's office all the time.
All of the city employees that I have talked to have told me to my face that they are glad I’m back, so maybe you are talking to the two-faced ones.
I don’t have a contract with the city. The city does not have contracts with any department heads as far as I know.
If you have any more questions, please feel free to give me a call.
Mr. Duncan; So, are you telling the readers that your settlement with the city was for the price of one years retirement pay? That is - if you were retired and drawed a pension; the settlement amount would be for an entire year's pension draw?
ReplyDeleteSo Duncan is saying in a undercover way that he settled for a hundred thousand before attorney fees? right!
ReplyDeleteNo! Mr. Duncan has not quoted any number as far as the settlement amount. And, I am not asking him to disclose that figure either.
ReplyDeleteI was asking if the settlement anount was equal to what he would receive if he was drawing full retirement; for one full year?
This is a very good informative site with good research un like the trash that was posted on that underground web that supported Kalb. I think it may of been part of the reason he lost.
ReplyDeleteThis is what this town needs good honest up front news reporting unlike the paper of today only a money maker for the big wheels.
thanks again.
The 5K was paid as a deductible on the cities part, I know a friend who's an attorney in Columbus and his sister works for a certain attorney that knows he charged Duncan 20K ! Now lets do the math the usual charge is one third of the take ! so spin it.
ReplyDeleteIn the Affidavit & Release it plainly states and includes - Midwest Claims Service is hereby released, acquited and discharged from further claims, demands and actions for the sum of $5,000.00. As well as Jane Murray and the City of Portsmouth.
ReplyDeleteThe total amount in a lawsuit is disclosed on any legal document - settled or awarded! This amount was for total settlement!
And, another thing! Mr. Duncan may be interested in finding out your name, your attorney friend's name and his sister's name too! He very well could have an invasion of privacy suit to file! And, I'm sure there could be even possible dis-barring charges as well. I wonder if your friend who has an attorney friend in Columbus - could possibly be holding a Council position as well and practicing in the same profession?
One other thing I forgot to mention.
ReplyDeleteIf you can produce the proof of your claims then, I would be forced to change my comments and would publish them as so!
But, if not then it is merely a speculation of your opinion. Which is great as well!
Dialog and differences in those opinions encourages freethought - something that is definetly dying in our country as well!
Thank You!
Anonymous... thank you for your kind words of confidence and your assumption in regards to my articles and my writings.
ReplyDeleteI try to write without the push or notions of anybodys agenda. I find facts and try to present articles in my own opinion based on what I feel is to be correct. Sometimes, I take the numbers just a bit further and show a more indepth look at a situation. But every statistic that I show or report can also be found by any other person with a little determination and resolve.
Thanks Again!
Mr. Richards, I must bring this up to your attention as I have tried to find a settlement and it is impossible to find a true settlement amount. Lawsuit settlement agreements usually include a confidentiality provision that ensures that lawsuit settlement terms will be confidential and not available to the public. As part of the settlement, the involved parties all agree that they will not disclose the terms of the settlement agreement.
ReplyDeleteHowever, if a judge or jury defines the lawsuit settlement terms, this is often a matter of public record and settlement amount information and settlement terms information may be available via court records. In many cases, though, even when a judge is involved, there may be a confidential settlement agreement.
Ask Mr. Duncan if he signed a confidential agreement? There are several cases in Scioto county won against the city and even school system where all dollar amounts are impossible to find. One of many for example the bail bonds women that settled against the city, "confidential"
Keep up the good work your learning.