ANDERSON – The city of Anderson must pay $852,400 to eight employees who were terminated during the administration of former Mayor Kevin Smith.
U.S. District Court Judge Tanya Walton Pratt issued the final judgment in the case on Friday and ruled that the city owed three of the employees back pay.
Overall, 11 former employees filed a federal lawsuit, which they won in 2016. A jury determined that Smith fired the employees in 2012 for political reasons. Eight of the 11 defendants were awarded a total of $731,994 in lost wages and benefits and damages.
The terminated employees had worked for the re-election campaign of Democrat Kris Ockomon, the incumbent whom Smith, a Republican, defeated in his bid to re-take the mayor's office.
The city contended the employees were terminated because they were in policy-making or confidential positions or had been fired for poor job performance.
Back pay in the amount of $120,406 was awarded to Gary Davis, Krista Binda and Mark Baugher.
Judge Pratt denied back pay awards to Robin Allman, Mike McKinley and Tim Stires. Mayor Tom Broderick's administration rehired Stires in 2016 to be assistant director of municipal development.
In 2016, City Attorney Tim Lanane said the city, which is partially self-insured, is responsible for the first $150,000. The remaining $702,400 will be covered by insurance.
In her order Pratt wrote that reinstatement to their prior jobs with the city of Anderson is not an appropriate action.
She wrote that Allman, McKinley and Stires didn’t present sufficient facts to support the awarding of back pay.
Defense attorney Jeff Macey argued that since some of the employees were not reinstated to their prior positions with the city they were entitled to the salary and benefits.