New judge to hear city manager case

POPLAR BLUFF, Mo. -- A new judge has been appointed to hear the contract dispute case involving Doug Bagby, the former city manager fired May 5 by the new coalition on the Poplar Bluff City Council.

The Missouri Supreme Court has assigned Judge Kelly Parker of Salem, Missouri, to hear the case. A hearing date in Judicial Circuit 42 will be set later.

No vote was taken during a May 19 closed session, but the council majority by consensus apparently directed interim city attorney Robert Smith to challenge Bagby's contract.

On May 30, Smith filed a petition for declaratory judgment against Bagby in Butler County Circuit Court on behalf of the city of Poplar Bluff.

Smith contends "a real controversy exists as to the validity of the agreement/contract" Bagby signed Aug. 26, 2003.

Scott Faughn, who was mayor at the time, "did not have authority to enter into the agreement and the contract is void," according to Smith.

Bagby's attorney, Daniel Moore of Poplar Bluff, asks the court to declare "the attempted repudiation of the contract and the reneging of the agreement by the city is both contrary to law and equity."

Moore wants the court to declare Bagby "is entitled to the full compensation as promised by the city under the contract drafted by the city."

Bagby said he had a three-year contract with the city, which is renewed annually on Sept. 1. He contends the city should pay him nearly $278,000 for the remaining two years and four months left on the contract.

Smith cited a city ordinance, a state law and a section of the Missouri Constitution. He maintains they indicate "the city manager shall serve at the pleasure of the council" and "the city cannot enter into any agreement over one year."

Presiding 36th Judicial Circuit Judge Michael Pritchett had recused himself from the case "due to a past professional relationship" with Bagby and to "avoid even the appearance of impropriety."

Pertinent address:

Poplar Bluff, Mo.