Saturday, December 29, 2012

The case is over, but legal fees in city's fight against longtime ...

Gear, called it fair that the city pay legal fees for the employee who prevailed after being fired twice on allegations of racism and incompetence.

BIRMINGHAM, Alabama -- A Birmingham city accountant is back to work after a two-and-a-half year fight, but a final tally?of the legal bill?remains?in question.

The city's tab so far is more than $287,000 for outside lawyers in the dispute with longtime accountant Virginia Spidle, and that bill could top nearly half a million dollars with a demand for payment from Spidle's lawyer.

The city hired the Hand Arendall law firm to handle its dispute with Spidle. That?legal bill totaled $287,624, according to information obtained from the city through a public information request from al.com/The Birmingham News.

But now with the case over, Spidle's lawyer is renewing her demand that the city also pay her client's legal fees.

Gayle Gear, called it a matter of fairness that the city also pay the legal fees for the employee who prevailed in her case against the city after being fired twice by Mayor William Bell's administration on allegations of racism and incompetence.

"We have already put the city on notice by filing a claim, and we intend to pursue that claim so that her fees are paid in light of the fact that the city has conceded," Gear said this afternoon.

Spidle should not be liable for paying the cost to defend her against charges that were ultimately either dropped or found untrue, Gear maintained.

Spidle returned to work last week - this time at the city's invitation. In a letter from lawyers representing the city, officials agreed to allow Spidle to return to work Dec. 17 as a chief accountant in another department. Spidle was previously a chief accountant in the city's Finance Department.

The city's letter?dropping its protests and inviting Spidle?back to work?came long after both the Jefferson County Personnel Board and a three-judge panel ordered her? back to work and?back pay for her time off work.

The letter also came just before another Personnel Board hearing was set to begin regarding a second set of charges the city used to fire the accountant.

The Personnel Board's ruling did not mention lawyer's fees. Gear said her request for fees is under $200,000 and she plans to resubmit her demand to the city.

Although Spidle is back at work, in another department, Gear said the fight to clear her client's name and reputation was long, damaging and expensive.

"Even repaying her loss of income doesn't make her whole," Gear said. "How many resolutions does the city really need? How about a resolution that it will treat its employees fairly? They will break your back financially, emotionally, and that's what they did do her."

Source: http://blog.al.com/spotnews/2012/12/legal_fees_for_citys_fight_aga.html

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