Former Poplar Bluff city manager objects to venue change in contract dispute

POPLAR BLUFF, Mo. -- Doug Bagby, the former Poplar Bluff city manager, has objected to interim city attorney Robert Smith's attempt to move the city's contract dispute case against him to Wayne County.

Smith filed an amended petition for declaratory judgment and a motion for a change of venue Wednesday.

On Thursday, Bagby's lawyer, Daniel Moore of Poplar Bluff, filed an objection to the motion.

"A change of venue is not allowed in a declaratory judgment action," Moore said. "Further, a change of venue would cost additional monies for the parties."

A date for a hearing on the change of venue motion has not been set.

Judge Kelly Parker of the 42nd Judicial Circuit, which includes Wayne County, has been assigned to hear the case.

Acting on behalf of a new coalition on the Poplar Bluff City Council, Smith wants the judge to declare Bagby's contract with the city void and to determine the right of the parties under the agreement.

Bagby signed a three-year contract with the city Aug. 26, 2003. The contract is renewable annually on Sept. 1.

Smith is challenging Bagby's contention he has two years and four months left on his contract.

According to the amended petition, Scott Faughn, who was the mayor in 2003, did not have the authority to enter into the agreement with Bagby because the city council did not pass an ordinance or resolution directing or authorizing the mayor to enter into the agreement.

Pertinent address:

Poplar Bluff, Mo.