Indiana City Settles Lawsuit With Seven Firefighters

Sept. 21, 2012
The lawsuit started over vacation pay for former firefighters and the city of Logansport was settled earlier this week.

LOGANSPORT, Ind. -- The lawsuit started over vacation pay for former firefighters and the city of Logansport was settled earlier this week.

Seven city firefighters who had accepted an early retirement buyout from the city filed a lawsuit against the city in July 2011 claiming that they did not receive fair compensation for unused vacation time. The lawsuit was settled outside of court and on Tuesday, it was dismissed with prejudice, meaning that the firefighters cannot file the suit again.

Steve Crispen, William Hassett, Randy Landis, Kim Costello, Rex Danely, David Huff and James McMinn filed suit after they did not receive vacation pay they were expecting for six weeks of vacation, amounting to $4,500 each, that they had accumulated before retirement. They had all accepted a $26,000 buyout for early retirement in 2010.

The city, represented by Indianapolis attorney Wayne Uhl, argued that a city ordinance details that vacation leave does not accumulate or continue to the next year.

According to court documents, the parties participated in mediation with attorney Peter A. Schroeder. The report was filed Sept. 6. The parties then filed an order of dismissal which was granted Sept. 18 by Superior I Judge Thomas Perrone.

The office of the Logansport Clerk-Treasurer declined to comment. Robert Kondras, attorney for the firefighters, also declined to comment. Wayne Uhl, attorney for the city, could not be reached for comment.

Mayor Ted Franklin said both parties had signed a no media clause.

"Under the terms of the settlement, I'm not allowed to disclose anything," Franklin said.

A Freedom of Information Act request was filed with Franklin, who forwarded it to his attorney, and with the Clerk-Treasurer's office for details of the settlement.

Franklin was not part of the original suit, as it was filed against former Mayor Mike Fincher. He said he's pleased that the suit he "inherited" has come to a conclusion.

"I'm happy with the settlement," Franklin said.

He added that he does not foresee another lawsuit like this in the future.

"I certainly don't expect another buy out," Franklin said. "So I don't expect it to be a problem in the future."

Copyright 2012 - Pharos-Tribune, Logansport, Ind.

McClatchy-Tribune News Service

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