LCWSA LAWSUIT: Plaintiffs say FBI interviewed them

Two former Limestone County Water & Sewer Authority managers who are suing the authority’s board, legal counsel and Limestone County Commission Chairman Mark Yarbrough were interviewed by the FBI about claims made in their case, according to sworn testimony.

Attorneys for the defense submitted a series of questions to former LCWSA General Manager Byron Cook and Assistant Manager Greg Holland. Answers to those questions were received by The News Courier.

The first question asked the men to identify anyone they discussed the lawsuit with, including grounds for the suit.

“Other than with my attorneys, I have discussed this lawsuit with an investigator and prosecutor for the Alabama Ethics Commission,” Cook’s answer reads. “I have also been interviewed by the FBI.”

Holland’s answer is virtually identical, as he also claims to have discussed details of the lawsuit with the FBI and state Ethics Commission.

In their lawsuit, Cook and Holland claim the defendants conspired to fire them Oct. 27, 2016. Defendants in the case are Yarbrough, LCWSA Board President Jim Moffatt, board members Richard Robinson, John Farrar, Ty Smith and Johnny Hatchett and Limestone County attorneys Mike Cole and Mark Maclin. Former board member Mike Hardaway is also a defendant.

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

In the interrogatories, both Cook and Holland were asked about the identity of the “third person” who pressured Cook to hire Ben Yarbrough shortly after the elder Yarbrough’s election to the commission. Cook identified that person as former LCWSA engineer Alton Hethcoat. Holland said he believed that person to be Alton Hethcoat.

Hethcoat of Brentwood, Tennessee-based Hethcoat and Davis had served as the utility’s engineer for many years. His contract was terminated last year after details of a 30-year franchise agreement between the LCWSA and city of Huntsville came to light.

The utility’s board members also blamed the firm for inflating growth estimates for its coverage area, which lead the board to approve numerous costly projects engineered by Hethcoat and Davis.

“We bought a Maserati to drive around a quarter-mile race track,” LCWSA Board Chairman Jim Moffatt said during a previous work session.

‘Third person’

According to the complaint, the third person told Cook that if the LCWSA did not hire Ben, “Mark Yarbrough would have Plaintiff Byron Cook replaced with someone who would.”

The complaint states the same third party contacted Cook to ask when Ben Yarbrough would be promoted because Mark Yarbrough “wanted his son out of the ditch” and put in a better position.

The complaint says Ben Yarbrough was promoted on or about March 12, 2015, “at (Mark) Yarbrough’s demand,” to a GIS/construction position within the LCWSA. As a result, Ben Yarbrough received a raise.

After Holland downgraded Ben Yarbrough’s job review, Cook claims he was again contacted by the third party asking when he planned to terminate Holland’s job. According to the complaint, Cook was told a “simple method” to terminate Holland would be to remove his position from the 2017 budget, which was set to be considered at the Sept. 22 meeting.

Other revelations

The defense asked Cook and Holland about their current job status and sources of income. Holland said he’s had no steady employment since being terminated by the utility. He explained he’s done a few odd jobs and operates “a couple of antiques booths in and around the Athens area.”

Similarly, Cook said he’s had no steady employment, and his income has derived from the operation of antique booths.

Attorneys representing both sides are currently in the discovery phase of the lawsuit. There has been no formal hearing since April 12, and no hearings have been scheduled by presiding judge William Hereford.

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