Court denies former Poplar Bluff city manager request for depositions

POPLAR BLUFF, Mo. -- The defense's attempt to depose four Poplar Bluff City Council members in the city's lawsuit against former city manager Doug Bagby has failed. Bagby was fired as city manager in early May.

After a hearing in Butler County Circuit Court last week, Circuit Judge Kelly Parker of Salem, Missouri, granted the city's motion for a protective order and denied Bagby's motion to compel the taking of depositions from Mayor Angela Pearson and councilmen Peter Tinsley, David Johnson and Johnny Brannum.

Parker gave attorney Daniel Moore, who represents Bagby, 45 days to respond to the city's motion for a summary judgment. Then Parker gave 30 days for the city's attorney, Bradley Hansmann of St. Louis, to respond to Bagby's motion for a summary judgment.

The parties stipulated the court will rule based on the motions and supporting documentation without further arguments.

In a document filed Wednesday, Hansmann said the city's petition for a declaratory judgment "is seeking a determination on the validity/enforceability" of Bagby's contract. Hansmann argues the contract "was void at its inception, and is therefore, unenforceable." He also said it "appears the sole dispute is over the interpretation and applicability of the contract language."

Because the contract was a final and fully integrated agreement and there is no allegation of fraud or mistake, the court cannot consider any other evidence, according to Hansmann.

"For that reason, there is no reason for defendant's council to depose any witnesses to respond to plaintiff's motion for summary judgment, and the plaintiff's motion for protective order should be granted."

On Wednesday, Moore filed an answer denying all the city's allegations in its first amended petition for declaration judgment.

Moore requested the court enter an order declaring the attempted repudiation of the contract and the reneging of the agreement by the city is contrary to law and equity. Moore also is seeking a court order declaring Bagby is entitled to the full compensation as promised by the city under the contract.

Bagby maintains the contract he signed Aug. 26, 2003, is valid and he is entitled to be paid for the remaining two years and four months of the contract. He was fired May 5.

The initial term of the agreement was for three years, beginning Sept. 1, 2003. The three-year term would automatically renew Sept. 1, according to the agreement.

Bagby was being paid $119,000 annually and could collect around $278,000 if a judge rules in his favor.

Pertinent address:

Poplar Bluff, Mo.