2/13/2008 1:07:00 AM No reprimand for Jerome Police Chief Council follows legal advice: 'Don't go there'
Police Chief Allen Muma: 'I chose to have the settlement agreement reviewed by my own attorney due to the possible impacts on myself, my wife and my business'
When a Friday meeting of the Jerome Town Council opened, it seemed headed toward a reprimand of the town's police chief for "foot dragging" before signing a lawsuit settlement.
The council accepted a settlement agreement on Jan. 28 between the town and Eric Jurisin, owner of the Haunted Hamburger restaurant, which ended both a civil lawsuit against the town and a criminal citation against Jurisin. Vice Mayor Jane Moore and Fire Chief Terry Molloy both signed it on Jan. 30. But Police Chief Allen Muma didn't sign until Feb. 6.
It was that week that upset at least one council member. Gil Robinson thought Muma had cost the town additional legal fees by delaying. "It's been an arduous process to get this settlement," Robinson said. He said that even though Southwest Risk Pool covered much of the town's legal costs, the town still spent about $20,000 on the settlement.
Robinson said the legal fees kept going on after the settlement was reached. He said there had been some "foot dragging."
Robinson and Mayor Bob Bouwman wanted to know why Muma had delayed signing.
Before the council got very far down that road, Muma handed a letter to the town clerk to read into the record. His statement began by saying, "I take this meeting to be a personnel meeting at which I face potential consequences.
"I was advised by staff and council members alike that I was facing a possible 'reprimand' because I did not sign the settlement agreement 'timely.'"
Muma's letter explained that Jurisin's lawsuit named Muma not only as the police chief but also named him and his wife and his business personally. "I chose to have the settlement agreement reviewed by my own attorney due to the possible impacts on myself, my wife and my business."
Several attorneys agreed with Muma.
Town Manager Brenda Man-Fletcher read memos from attorneys involved in the settlement process. She said attorneys at Curtis Goodwin, the town's legal counsel, said even an "at-will" employee, such as Muma, cannot be disciplined for an unlawful reason. The opinions of the attorneys was that if the town attempted to discipline Muma for taking time to review the settlement, it likely would put the council at great liability of being sued by Muma.
Risk Pool attorney Jeff Murray said Muma's delay was "absolutely within the reasonable time period allotted by the Court." He further stated that Muma's delay "in no way inhibited the case."
Man-Fletcher also told the council that the attorneys said Muma's delay did not incur more legal fees for the town.
Her summary of the attorney's opinions ended with "Mr. and Mrs. Allen Muma did not relinquish their civil and constitutional rights because Mr. Muma accepted a job as the police chief."
Bouwman said "I don't see anything in this agenda where we're going to discipline the police chief."
Moore said she couldn't find any charges that had to do with Muma's signing the agreement. "I can't help but think that this is a personal vendetta against the police chief," she said. Moore added that she wished the council could back up its own staff.
Bouwman, who frequently works for Jurisin as a handyman, said the council should support its staff, but not when one goes off on a tangent and badgers a member of the town.
At that point, councilwoman Nancy Stewart asked Man-Fletcher if Stewart could excuse herself from the meeting because she felt, based on the comments of the attorneys, that the meeting was illegal.
Former Mayor Jay Kinsella said that if the council had backed up its staff, the fees would have been less. "Instead of pointing fingers at staff," Kinsella said, "council should look at itself." He asked the council if its part in all of this was in the best interest of the town.
In the end, the council took no action on the agenda item.
Posted: Sunday, March 09, 2008
Article comment by:
Allen Muma
Brian,
Why not look into the facts, they are public record.
Jurisin has made this a personal matter.
By the way, the settlement requires Jurisin to install fire sprinklers in the whole restaurant as well as build a new metal fire escape, hardly a $50 fix. The fire escape is what was requested initially requested by the building inspector back when this started in April of 2007.
I did not initiate the complaint, inspect his building or speak to the man other than when I issued him the citation upon request of the building department and town attorneys.
There are two sides to every matter, why not get the other side before making inflammatory statements.
Posted: Wednesday, February 20, 2008
Article comment by:
Brian Carlson
It appears that Chief Muma's relationship with Mr. Jurisin became personal rather than duty. The taxpayers should not have to foot the bill for personal matters.
