LCWSA LAWSUIT: Thursday hearing yields no action

Published 6:30 am Friday, April 13, 2018

A status hearing held Thursday in the wrongful termination case of two former Limestone County Water & Sewer Authority managers yielded no action from a judge but could pave the way for disclosure of documents relevant to the case.

Jeffrey Sewell, attorney for Byron Cook and Greg Holland, plans to submit a draft order to compel the defense attorneys to comply with discovery requests filed in November 2016. Presiding Judge William Hereford asked Sewell to submit the draft order. He did not indicate when he might rule on the order at the hearing and asked if the attorneys would be open to meeting by teleconference in the future.

Sewell also plans to ask for a privilege log he said should have been kept by LCWSA attorneys Mike Cole and Mark Maclin. Attorney Joseph Stotts, who is representing Cole and Maclin, argued providing that log would be a violation of the attorney-client privilege.

Sewell believes the log could prove the members of the LCWSA board violated the Open Meetings Act, held a secret meeting and conspired to fire Cook and Holland.

“There’s no question there was deliberation,” Sewell said. “How did that occur? Was it facilitated by the two attorneys? … I think we’re entitled to the privilege log. We’re going to have to get into that issue.”

Stotts argued there is nothing that prohibits an attorney from talking to a board member in advance of a board meeting. He said if a member of the board asked either Cole or Maclin if they had grounds to fire Cook and Holland, that would be covered by attorney-client privilege.

“If you hire a lawyer and ask if you have the legal grounds to terminate this person, how are there no legal grounds to protect my clients?” Stotts asked.

Sewell argued “the fix was in” to fire Cook and Holland before the Oct. 27, 2016, board meeting ever took place.

“The question is, was the open meetings law violated and in what manner was it violated,” Sewell said. “The attorneys may have had nothing to do with it. The water board may have met ahead of time, and the lawyers may not have known about it.”

Hereford said a deposition might be needed to mete out the answer.

“We’ll have to get to the bottom of it,” Sewell said. “We’ve got a clear violation of the Open Meetings Act.”

Hope Hicks of Montgomery-based firm Webb & Eley P.C., who is representing Limestone County Commission Chairman Mark Yarbrough in the case, asked Hereford to wait 30 days to respond to Sewell’s motion to compel on discovery.

Sewell believes Yarbrough’s attorneys are attempting to delay discovery until after the June 5 Republican primary election, in which Yarbrough is an incumbent candidate.

Attorney Larry Moore, who is also representing Yarbrough in the case, said after discovery is exchanged, a motion will be filed to dismiss Yarbrough from the lawsuit. He said he felt “confident” Yarbrough would be dismissed as a defendant.

About the suit

The lawsuit was filed in November 2016 by Cook and Holland against members of the Limestone County Water & Sewer Authority’s board of directors, Cole and Maclin and Limestone County Commission Chairman Mark Yarbrough.

Cook and Holland claim the board members — Mike Hardaway, John Farrar, Ty Smith, Johnny Hatchett and Chairman Jim Moffatt — conspired to fire the men Oct. 27, 2016.

GIS Manager Brent Brown and Human Resources Manager Ashley Wallace were also fired the same day.

Hardaway has rolled off the board since the lawsuit was filed. Board member Richard Robinson, who replaced Hardaway, was added to the lawsuit in an official capacity.

The suit claims Yarbrough brought pressure to bear in order to get his son, Ben, hired with the LCWSA and later to get him a good review and a promotion. It also claims Yarbrough ordered Cook’s and Holland’s firing because Yarbrough was angry at Holland for downgrading Ben’s job review. They further claim Yarbrough was angry that Cook would not fire Holland for doing so.