Three suits filed in Perryville official's firing

PERRYVILLE, Mo. -- The firing of former Perryville city administrator Bill Lewis in May has led to the filing of three lawsuits involving the city.

One of the suits, filed by the city of Perryville, seeks a clarification on Missouri's Sunshine Law regarding personnel records; the other two were brought by Lewis, challenging the legality and circumstances of his termination.

The first lawsuit to be filed, called "friendly" by attorneys for both parties, centers on a request made by the Republic-Monitor newspaper in Perryville for the city to turn over an evaluation of Lewis' performance ordered by the city's board of aldermen.

The document was one of five exhibits presented by Lewis' attorney, Bob Sweeney, at a public "name-clearing" hearing held May 5 and the only one not given to the newspaper because the city was not sure whether it should be regarded as an open record under the Missouri Sunshine Law.

Because the evaluation was presented at a public hearing, it would normally be considered an open record under the Sunshine Law, but it also pertained to Lewis' personnel status, and those are generally closed.

A copy of the evaluation was given to the Southeast Missourian by Sweeney after the hearing.

Thomas Ludwig, Perryville's city attorney, said the uncertainty about the document was because the city's copy of the evaluation is part of Lewis' private personnel file and therefore closed.

"The Perryville newspaper did just what they should have -- they asked for a copy," Ludwig said.

The city decided to ask for a ruling to ensure they wouldn't be breaching confidentiality by turning over the document to the newspaper, Ludwig said.

"These guys are out looking for people to sue, and I just want the judge to say it's OK," Ludwig said, referring to two additional suits filed this month by Lewis and Sweeney against the city of Perryville and Ludwig himself. Both suits center on Lewis' dismissal as city administrator.

Lewis was also named in the Sunshine Law suit as an additional respondent because the court found the case couldn't readily progress without him as a party.

Case law in Missouri suggests court should err on the side of openness when there is a question of public record versus one that can be closed, said Jean Maneke, attorney for the Missouri Press Association. Maneke represents the Republic-Monitor in the lawsuit.

"This isn't a case where the city would like to keep it closed. They would like to hand it over," Maneke said.

Lewis' suit against the city of Perryville, filed June 11, argues that the city board of aldermen violated the Sunshine Law by deliberating on the content of the public hearing on May 5 in closed session.

He also alleged that his dismissal was "unreasonable" and "arbitrary," asking the court to reinstate his position and salary, according to court documents.

In a separate suit, Lewis is seeking judgment against Ludwig and Dale Kreienkamp, owner of a human resources firm the city used to conduct Lewis' evaluation, for "tortious interference with a contract and civil conspiracy."

In that suit, Lewis argues that both Ludwig and Kreienkamp "caused" the city to terminate Lewis' contract with them, according to court documents.

Ludwig said he acted in what he felt was the best interest of the city of Perryville.

"I feel that I've done nothing wrong," Ludwig said.

bdicosmo@semissourian.com

388-3635

Pertinent address:

Perryville, MO