Waller Lawsuit Dismissed

27 Oct

Jefferson County Executive Ken Waller (Republican) was a plaintiff in two lawsuits. One was asking for more salary for county elected officials. This suit is ongoing, but Waller took his name off of it (though he probably still stands to gain if it succeeds). The second suit was filed against the county council in a dispute about who can remove the appointed members of county boards (the council or the executive) in the wake of a recent piece of county legislation. On Tuesday, a judge granted the council’s motion to dismiss this suit.

Part of the judge’s decision was whether to enforce the settlement that was initially agreed to in the case. Apparently the two attorneys in the case made a deal, but the council did not accept the deal and thus did not vote to accept it. Waller asked the judge to make them accept it, but he ruled that a deal isn’t a deal until it is made official, so he would not enforce the settlement.

The dismissal of the case centers on ripeness. You can’t sue over a hypothetical. Nobody is actually trying to remove a board member at this time, so there is no dispute for the judge to decide on. So this case is over for now. It could be filed again if an attempt was made to remove a board member.

This seems like a fairly obvious result. However, it took seven months and tens of thousands of dollars of legal bills to get here. Thanks, Ken.

Update: Waller Response

Here is a press release Waller issued in response to the judge’s decision:

waller press release board lawsuit.jpg

Paying the Bills for the Lawsuits

There is an ongoing dispute over the payment of the legal bills for the county to defend against the lawsuits filed by the sue-happy county exec. First, Waller tried to cut the allocation for legal defense from $100,000 down to $25,000. This drew a strong rebuke from councilwoman Renee Reuter, who Waller then retaliated against by removing her from the East-West Gateway council.

There is also a question about the date that the council’s lawyers started working on the cases versus the date when the money was allocated (the council argued that the relationship with the attorney and the allocation of money were pre-existing). The council is trying to clarify the effective date of the appropriation, but Waller vetoed the change, in a clear conflict of interest (he is once again trying to cripple the defense against his lawsuits). The council tried at its Monday night meeting to override this veto, but fell one vote short, according to the JeffCo Citizens for Honest Government Facebook page. As has happened several times that I can recall, an absence from the council doomed a bill, as councilman Dan Stallman (GOP) was not there. In addition, new councilman Phil Hendrickson (GOP) abstained, as he did on a vote to add additional money to the legal defense fund. (He abstained when the vetoed bill was originally passed, but that was on the day he was sworn in to the council, so I can excuse that). So it is not clear where we go now in this dispute.

These abstentions by Hendrickson are wrong. It doesn’t matter if he wasn’t on the council when all this stuff started. He’s on there now, and he needs to take a stand. If he doesn’t want to, he should not have applied to fill the seat. In addition, council members need to be present for meetings.

Advertisements

One Response to “Waller Lawsuit Dismissed”

Trackbacks/Pingbacks

  1. Jefferson County Government Chaos Continues | Jefferson County Penknife - November 16, 2017

    […] on Old Lemay Ferry Road, the council instead voted to adjourn its November 13 meeting early in a continuing, seemingly intractable row between the council and County Executive Ken Waller over the payment of legal bills to defend the […]

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: