Augusta Chronicle Editorial Staff
If what the city has done in the Teresa Smith lawsuit isn't illegal, it ought to be.
It sure is reckless, sloppy and offensive.
Without a formal, open and legal vote of the Augusta Commission, the city's legal department cut a $125,000 check to Smith's lawyers to settle the former city engineer's wrongful termination lawsuit.
And, oh by the way, apparently before Smith herself had even agreed to accept it.
As usual, it's been like pulling teeth to get any information on this situation from City Hall. First there was a settlement. Then there wasn't. Now there appears to have been one, but not really. Smith now says she also wants her job back, which shouldn't happen and wasn't part of the settlement offer. So the lawsuit may be headed for trial after all.
When asked by The Chronicle for a copy of the $125,000 check, city Finance Director Donna Williams said not without an official open records request.
OK. State law doesn't require such formalities, but our City Hall loves to make you sit up and beg for public records.
City lawyers argue that the check had to be cut quickly and without a commission vote -- and that it's all quite nice and legal -- apparently out of some fear that the litigant will back out or something.
Isn't that what written settlement offers are for? To get the other party's signature on the bottom line? Does a check really need to be cut?
Besides, we believe the act of writing a settlement check to someone suing the city before the commission has approved it is a violation of at least the spirit of the law. If it's not a violation of the letter of the law, maybe the law needs to be changed. We can't have such huge checks going out, cashed or uncashed, without some oversight by our elected officials.
Who's in charge at City Hall? Why is it so chaotic that no one seems to have known for days whether there was or wasn't a settlement in this case? Why are checks going out without explicit and open commission approval? Why is it so easy to cut a $125,000 check to a litigant who doesn't want it, but so doggone difficult for citizens to get public records?
It wasn't that long ago that we learned the city a few years ago took a $25,000 "charitable payment" from a developer wanting to do business with the city -- and that, despite legal advice and a commission vote to return the check, the money sat in City Hall for over a year.
Law enforcement authorities are investigating whether any laws were violated when the bulk of the $25,000 somehow made it to a city-employed friend of Commissioner Betty Beard's for a gastric bypass operation.
When is someone at City Hall going to be held accountable for something -- anything ?