Were Pooler's separation terms with its former city manager legal? City files suit for answer
The City of Pooler is pursuing a ruling on the legality of the mutual separation agreement for former City Manager Robert Byrd, according to a lawsuit filed in February to the Superior Cour of Chatham County.
The city is also seeking a temporary injunction on the transfer and use of the 2023 F150 Ford pick-up that Byrd bought from the city for $10,000 under the separation agreement, under the market value of around $60,629.
According to the lawsuit, Byrd has received over $50,000 in taxpayer money under the agreement in addition to receiving the title to the truck. The lawsuit states the city does not want to set a precedent of overturning decisions of a previous administration but due to the potential illegality, action must be taken to ensure that the agreement was legal, especially when it could affect Pooler taxpayers.
The agreement, which was adopted unanimously by the previous city council in December, also awarded Byrd with two years of pay at $247,744.11 per year. Byrd was city manager for 21 years.
More: Former Pooler City Manager Robert Byrd to receive two years' severance pay
More: Former Pooler city manager's severance agreement under review
The lawsuit claims that Pooler Attorney Craig Call's concerns were dismissed by former Pooler Mayor Rebecca Benton in a letter to him and all of the previous council, stating the agreement had been thoroughly reviewed by an unnamed lawyer at the Elarbee Thompson firm.
The Attorney General's Office informally agreed with Call's opinions that the separation agreement violated to Georgia state codes and the gratuities clause of the state.
The lawsuit also claims that the adoption of the agreement was in violation of a section of the Pooler charter, which requires the attorney to approve binding contracts, leading the current mayor and council uncertain if the agreement is legally binding and if there is an obligation for payment. According to the lawsuit, the agreement was drafted and approved without Call's knowledge and signed by Benton, former council member Stevie Wall and current council member John Wilcher.
The current mayor and council includes Mayor Karen Williams, who was on council when this agreement was tendered, councilmembers Shannon Valim, Aaron Higgins and Wilcher. Councilmembers Tom Hutcherson, Michae'l Carpenter and Wesley Bashlor were not on council in December.
The lawsuit can be read in full at the Savannah Agenda.
Destini Ambus is the general assignment reporter for Chatham County municipalities for the Savannah Morning News. You can reach her at dambus@gannett.com
This article originally appeared on Savannah Morning News: City of Pooler files lawsuit questioning manager's separation agreement
