Bridgeport, W.Va.
BRIDGEPORT – A Harrison County judge says a lawsuit filed by Bridgeport’s former city manager against the city can continue.
In the April 24 ruling, Harrison Circuit Judge Joseph Shaffer denied the city’s motion to dismiss Patrick Ford’s lawsuit filed last May accusing the city fired him after he uncovered fraud and waste in city government. The city also wanted to case sent to arbitration
Pat Ford
Ford served as city manager for less than six months before he was fired in April. The city maintains Ford was fired because of an internal investigation he pursued related to allegations made by former City Engineer Beth Fox, who resigned last February. Ford had the Ohio law firm of Flannery Georgalis represent the city in the matter, and City Council approved the investigation with a $25,000 cap on costs.
But the cost of the investigation quickly rose to $70,000 before it was stopped by council, according to a statement from Mayor Andy Lang and City Council.
In his complaint, Ford says he filed the lawsuit in the wake of the city’s “malicious, oppressive, secretive, corrupt and retaliatory actions and omissions related to Mr. Ford’s reports of wrongdoing and waste within the city.”
Shaffer’s Friday ruling said the claims made by Ford should be heard in an open proceeding, not behind closed doors in an executive session. Shaffer vacated and lifted a stay that had been in place and scheduled a status conference for next week to discuss pending motions and “further case development.”
Shaffer attributed his latest ruling in the case in part to the whistleblower allegations made by Ford in his suit against the city. Shaffer said Ford’s claims are “public interest” and should be heard “in the sunshine” instead of “behind closed doors.”
“Enforcement of the subject arbitration provision herein would frustrate West Virginia's public policy interest in protecting its public employees, citizens and taxpayers from public corruption and bad acts,” Shaffer wrote.
The judge said forced arbitration would create “a burden of sufficient significance to discourage whistleblowers and concerned citizens from vindicating their rights under governing statutes, such as the Whistleblower Act and the West Virginia Open Meetings Act ... which are designed to protect and uphold public integrity, efficiency, and transparency.”
Shaffer also said the city failed to identify an “exceptional circumstance” that would make the arbitration provision conscionable.
Ford is being represented by Frank E. Simmerman Jr., Chad L. Taylor and Frank E. Simmerman III of Simmerman Law Office in Clarksburg. The city is being represented by Tiffany R. Durst of Pullin, Fowler, Flanagan, Brown & Poe in Charleston.
Harrison Circuit Court case number 25-C-148
