This article is by Todd Wellington, of The Caledonian Record, in which it was first published Jan. 17, 2015.
The Vermont Supreme Court has ruled in favor of former St. Johnsbury town manager Ralph Nelson giving new life to his wrongful termination lawsuit against the town.
Ralph Nelson, former town manager of St. Johnsbury. Caledonian Record photo
The high court Friday reversed a previous Superior Court ruling that gutted most of Nelson’s claim that he was improperly fired by the Selectboard in April 2012.
The case has been centered on interpretation of the phrase “for cause” in the state statutes governing town managers. Superior Court Judge Mary Miles Teachout ruled in August of 2013 that town managers are “at will” employees by default and that he could be fired even without cause.
But Nelson and his attorneys appealed to the Supreme Court arguing that Teachout’s ruling was a misinterpretation of the intent of the statute and that managers can only be fired “for cause.”
Writing for the majority, Associate Justice John A. Dooley sided with Nelson and reinstated Nelson’s claims of wrongful termination and violation of his due process rights under the Vermont Constitution. The decision reverses the summary judgment issued by Teachout and clarifies the state’s town manager statute.
“We reverse the trial court’s grant of summary judgment to the town and hold that (the statute) requires cause for removal of town managers,” wrote Dooley.
The high court then sent the case back to Superior Court for trial.
Contacted on Friday afternoon, Nelson said he was pleased with the high court’s ruling and said it would provide protection for all Vermont town managers both now and in the future.
“The law was ambiguous for 100 years and now it’s clear as a bell,” said Nelson. “I have little doubt that we will be able to show that the town had no cause to fire me and that they started to revise history once they were caught.”
Nelson’s attorney, Richard Cassidy of Burlington, said a trial is now “extremely likely” in the Nelson case and that the the Supreme Court’s decision was a good one for democracy in Vermont.
“Towns and cities in Vermont must vote to have a town or city manager form of government,” said Cassidy. “Once they have done so the voters are entitled to professional management free from improper political influence.”
The high court did uphold two of Teachout’s decisions on the Nelson case prohibiting claims against individual members of the Selectboard. Nelson’s lawsuit had named both the Town of St. Johnsbury and the five individual members of the board that fired Nelson — including current Selectmen Kevin Oddy and Alan Ruggles and former members Bernie Timson, Rod Lamotte and former Chairman Jim Rust.
St. Johnsbury Town Attorney Kyle Sipples, in a statement released Friday, said the town will continue to fight Nelson’s lawsuit.
“We are pleased that the Supreme Court upheld the dismissal of Mr. Nelson’s claims against the individual Selectboad members,” wrote Sipples. “For the sole remaining defendant, the Town of St. Johnsbury, the Supreme Court merely ruled that there will be a trial rather than an immediate resolution. The Supreme Court interpreted the statute in order to guide the trial court and the parties, but gave no indication whatsoever as to which party will prevail under its interpretation of the statute. The Town looks forward to presenting its case at a trial now that the ground rules have been clearly established.”
Nelson, a former Major League Baseball executive, still lives in St. Johnsbury with his wife Lisa. He works as executive director of New England Disabled Sports in Lincoln, N.H.
Read the story on VTDigger here: Supreme Court rules in favor of former St. Johnsbury town manager.
