Poplar Bluff hires law firm to aid in city manager case

POPLAR BLUFF, Mo. -- The city of Poplar Bluff has hired a St. Louis law firm to help interim city attorney Robert Smith with its lawsuit challenging the contract of former city manager Doug Bagby.

Brown & James law firm is the same that is representing Mayor Angela Pearson, who is being sued in a defamation lawsuit filed by Bagby.

Attorneys Bradley Hansmann and John Cooney entered their appearance Friday as co-counsels with Smith.

The decision to hire legal help was made in a closed session, but no vote was taken.

"It was the consensus of the council to hire a lawyer to help Robert," Pearson said.

Smith explained it was important to have "cross representation because the same parties are involved" and Bagby's attorney, Daniel Moore of Poplar Bluff, wants to depose the mayor.

Meanwhile, on the same day, Moore filed a motion for an extension to complete discovery, answering a motion for summary judgment filed by Smith.

Smith alleges the contract agreement Bagby had with the city "was at all times illegal and void as matter of law from its inception."

Bagby, who was fired May 5 by the new coalition of the Poplar Bluff City Council, maintains the contract agreement he signed on Aug. 26, 2003, is valid and that he is owed payment for two years and four months left on the contract.

According to the agreement, Bagby's contract was for three years, and it was renewed annually Sept. 1.

Smith contends the contract violated city ordinances, state law and the Missouri constitution and should be declared null and void. He also maintains Scott Faughn, mayor in August 2003, did not have any statutory authority to enter into the agreement.

As part of his discovery work, Moore requested to take depositions from Pearson and councilmen Peter Tinsley, David Johnson and Johnny Brannum.

Then Smith filed a motion for a protective order so the four council members would not have to give depositions. Moore is seeking a 90-day extension of time to respond to the city's litigation.

He said the city has not provided him with documentation concerning Bagby's hiring, entering into the contract and the termination of the contract.

Moore contends he is entitled to depose the four council members and has attempted to reach an agreeable date with Smith, but then he filed the motion for a protective order.

To fully answer and counter the city's motion for a summary judgment, Moore said he needs to be allowed a reasonable time for discovery "especially in light of the city's reluctance to provide discovery."

Moore also asks the court to order the city to comply with his discovery request.

Smith wants the case moved to Wayne County, but Moore has filed an objection and wants the case to remain in Butler County.

No hearing date has been set.