UPDATE: Roddey resigning FL council, husband suing town, Russell and "co-conspirators"

Fort Lawn Town Councilwoman Linda Roddey resigned from her seat on the council this week citing a need to avoid “any appearance of conflict or impropriety.” At Tuesday's 7 p.m. monthly meeting of the council, Mayor John Rumford read Roddey's letter:
“Please accept this letter as my formal notice of resignation from the Town Council of Fort Lawn, effective May 2, 2011,” Roddey wrote. “My husband, Pat Roddey, is bringing a lawsuit against the Town of Fort Lawn. I feel it is in the best interest for all involved that I resign. I want to avoid any appearance of conflict or impropriety...”
Roddey's husband, a former mayor of Fort Lawn, also worked as a consultant for the town's sewer projects beginning in 2007. Roddey filed a lawsuit this week naming The Town of Fort Lawn, Councilman James Scott Russell, individually; and unknown co-conspirators as defendants. The basis of Roddey's lawsuit is “breach of contract” and he requests a jury trial in the Chester County Court of Common Pleas.
Roddey entered an independent contractor agreement with the Town of Fort Lawn on Nov. 15, 2007.
The contract was “a consultant agreement for the purpose of assisting and negotiating the projects of the town involving securing and providing for sewage treatment for the customers of the town and possible annexation of the former Spring plants located adjacent to the town.” The agreement was “to expire upon the completion of the projects.” The contract said this agreement could be terminated at any time by either party with or without cause. The contract also stated that Roddey would not be an employee of the Town of Fort Lawn, but would perform services for the town under the terms of the agreement and be an independent contractor at all times who would be solely responsible for all of his own insurance coverage, taxes and benefits. Roddey's pay was set at $30 per hour and the contract required that he submit invoices to the town clerk which detailed work hours. He was to be paid “in the manner of all vendors,” the contract said. Roddey's contract said the Town of Fort Lawn would pay all costs for a cellular phone to be used by him for the sewer projects. The cell phone was to remain the town's property and be returned to the town at the completion of the projects. Per the contract, the Fort Lawn Town Council had supervisory control over the projects and any acts taken “pursuant to same.” The final clause of Roddey's contract stipulated “if any dispute arises between the parties under the terms of the agreement, both parties agree to submit to binding arbitration.” The contract was signed by then Mayor (Clif) Ferguson and William P. Roddey.
From July to December 2009 The News & Reporter provided extensive coverage of Roddey's conflicts with the town as an independent contractor for sewer consultant.
In a July 9, 2009 article, Russell argued that Roddey's “$30-an-hour salary was exorbitant.”
“Given the situation this town is in financially, I don't know how you justify this,” Russell said.
Russell also said expenditures for sewer work in Fort Lawn were 268 percent higher for the previous fiscal year than projected in the budget and he attributed this to Roddey's salary. Russell called Roddey “a good man” but “unqualified for the position.” In an article published Oct. 15, 2009, Russell made a motion to terminate Roddey as the town's sewer consultant effective immediately. He also asked to have Roddey relinquish all documents related to his job. The 3-1 vote had Russell and Councilmen Carlton Martin and Thomas Reddick in favor of the motion with then Mayor Clif Ferguson voting 'no' and Roddey's wife, Linda, abstaining from the vote. In an article published Nov. 19, 2009, a special called meeting was held to discuss Roddey's termination. In that story, Russell said Roddey had turned in time sheets for work done after his termination and claimed he was owed $1,800 by the town.
“Some people want to keep this quiet, but I'm going to talk about it,” Russell said. “I think it's ridiculous.”
Russell said he consulted Fort Lawn Town Attorney Brian Grier who said Roddey was owed this money, since he was not officially informed of his dismissal. Russell questioned why Roddey wasn't fired when the council voted 3-1 to terminate him effective immediately. Russell then motioned to send Roddey a certified letter of his termination. That motion was approved.
In a December 8, 2009 article in The News & Reporter the headline read, “Fort Lawn won't pay sewer consultant” In that article it stated Roddey would not be paid the $1,800 he claimed he was owed for services as a sewer consultant for the town. Two council members, Martin and Reddick, who also had voted to fire Roddey, said he had done a good job but they voted for the termination because “the project the town had undergone was complete.” Roddey was sent a letter requesting he attend a council meeting to clarify the $1,800 he was owed, however, he “sent back a letter stating he would not come,” the town's attorney said. Following a closed door session at a council meeting in December 2009, the board voted 3-1 not to pay Roddey the $1,800. Ferguson, who again voted 'no' said he did so because “He (Roddey) did work for annexing. He had some things that had to be cleared up and some work to finish.” Roddey returned the town's cell phone and a laptop computer  after his termination, the town's attorney said.
The lawsuit against the Town of Fort Lawn states, “as a result of Roddey's successful work on the sewer infrastructure project, Roddey was asked to continue his contractual work regarding Town zoning issues.” The suit says, “On or about Nov. 4, 2009, the Town of Fort Lawn breached the contract by terminating Roddey's services.” The suit goes on to say, the breach was not justifiable because Roddey had not completed his work under the contract and even after Roddey's termination, Mayor Ferguson told Roddey to continue his work and he would still be paid. The suit says, Mayor Ferguson later rescinded his statement to Roddey thereby completing the breach of contract by the Town of Fort Lawn and as a result of the Town of Fort Lawn's breach of Roddey's consulting contract, Roddey has suffered actual losses and loss of income as a direct and proximate result of the defendants' breach. The suit says Roddey “is entitled to actual, consequential and punitive damages.” The suit further states members of the Town of Fort Lawn defamed Roddey by making statements which tend to impeach his reputation, and the statements by representatives of the town question his honesty, integrity, and propriety in performing his work under the consulting contract. The suit says these statements attacking Roddey's honesty, integrity, reputation and adequacy were false and statements by members of the Town of Fort Lawn were made in open hearing or to news media thereby being publicly published by the defendants. The specific allegations against Russell in the lawsuit says, “Russell and other unknown conspirators sought to harm Roddey as a result of Roddey's work under the sewer contract.” It further states, “the object of the conspiracy was to ruin Roddey's reputation, damage his consulting pursuits and terminate his consulting contract.” Finally, the suit says, “Roddey performed consulting and other services to the town without compensation, he was specifically requested by Mayor Ferguson to provide those services, the town failed to pay Roddey for the services and he was specifically assured that he would be paid and therefore expected to be paid by the Town of Fort Lawn.”

Editor Travis Jenkins contributed to this report.

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