City manager sues City of Polson
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POLSON — In March, Polson City Manager Todd J. Crossett’s attorney filed a suit in district court against the City of Polson on Crossett’s behalf.
The first count is a wage claim.
Court records explained that in lieu of a contribution to the Public Employees Retirement System, the city paid 7.07 percent, or $472.28, of Crossett’s monthly salary directly to him each month through April 2011. Then the suit alleges the city discontinued the payments.
State, county and city workers usually are enrolled in PERS when they begin work; however some of these workers may choose to decline enrollment. City managers are among these optional members, according to Patricia Davis, member bureau chief of the Montana Public Employment Retirement Administration. For more complete information, Davis referred interested parties to Montana Code Annotated 19-3-412.
According to the lawsuit, the money was a wage owed to Crossett, since the money was part of his benefits, and the city owed Crossett that amount from May 2011 through March 2013, or $10,390.
The suit also said state law mandates the city pay a penalty to an employee in an amount not to exceed 110 percent of the wage due and unpaid, or $21,819.
The suit also alleges a breach of contract by the city. Quoting Crossett’s employment contract, section 4-C-3 states that if the city reduces Crossett’s base salary, compensation or any other financial benefits, that constitutes a breach of this agreement and will be regarded as a termination. The suit alleges the city also breached the contract of employment by failing to pay the PERS benefit in a timely fashion.
Also, the suit maintains Crossett is entitled to severance pay of 25 percent of his annual benefits, or $27,500, as well as reasonable attorney fees and cost. In Crossett’s employment contract, the severance package was listed as 3/12 of Crossett’s annual value of agreement to employment plus vacation or sick time. Crossett negotiated 25 days of vacation time, five days more than in his original contract.
The damages add up to $49,315, plus the plaintiff’s attorney fees to be determined by the court, the cost of the suit, and “such other and further relief as the court may deem just and proper.”
As of April 4, no hearing had been scheduled.
