Rick Duncan's Lawsuit Against City of Portsmouth - Part 2

On Wednesday, Feb. 23, 2011 at 4:43 PM; Richard Duncan responded to my previous article concerning his lawsuit against the City Village of Portsmouth, Ohio.  Mr. Duncan explains and/or defends in his comments about some of the questions that I had mentioned in my previous article.

Mr. Duncan's comments were the following:

Richard Duncan said...

You really should read your own link. "Former wastewater director claims defamation, libel."

I 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.

I would like to draw your attention specifically to paragraph 3.

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.

In this paragraph Duncan claims several interesting facts or statements.

1. "The city's insurance company called my attorney and offered a settlement."

It was told to the public that the city's insurance company would not cover or represent the city in this lawsuit.  Was this statement made from city officials simply foder for gaining support for the recall of former Mayor Jane Murray?  It was sure feed to the public with that exact intent!

So, according to Mr. Duncan's comments; the city's insurance covered the damages of this lawsuit.  Tax-payers not out of the damages; money never came from general funds; Trent Williams did not have to take money from a fund to cover the expenses (like he does for the unions salary and benefits) of our former Mayor's lawsuit. 

    2.  "After the attorney fees, it was approximately equal to one year of my City retirement."

With this statement I would assume that a city employee's retirement benefits; especially a Department Head with as many years of service that Mr. Duncan has; would be considerable.  I would consider working for the Village of Portsmouth would be one of the best jobs in the local area.  With the pay scale and especially benefits - and we are talking about a 100% city paid pension plan!

I would hope that someone of this status once retired; would bring in $2,000.00 to $2,500.00 per month retirement benefits.  Which would be around $24,000.00 to $30,000.00 per year.  I don't really know; I could be low-balling it!  So, this means according to Mr. Frank Lewis; the public was told that it would be at least $150,000.00 or higher according to his article dated April 21, 2010.

I have to say that would be a real deal for the Village of Portsmouth to escape this lawsuit for such a minuscule amount; compared to what was previous stated by Mr. Frank Lewis.  But, actually the Village of Portsmouth got off the hook for a much smaller amount than even this!  Frank Lewis you were way off on this one buddy!






Rick Duncan's Actual Monetary Gain From His Lawsuit


So, it would appear that you mis-informed or led the readers here and to the public; that you received a much higher settlement than you actually did!  Why?  To save face or to still represent that Jane Murray cost the Village of Portsmouth a great deal of money!  So, here we are - facing another situation of deciding who is truthful and trustworthy!

Maybe, you could file a lawsuit against yourself!  For damaging your own reputation here!