Lawyer: County Manager Lee Smith signed severance agreement. Then county reneged.
Chatham County's severance negotiations with County Manager Lee Smith haven't been finalized yet, and Smith's lawyer says the county is driving a hard bargain.
Brent Savage of Savannah-based Savage Turner Pinckney Savage & Sprouse law firm said Smith received the initial severance agreement sent by the county on Thursday, Aug. 25. Savage sent it back to the county with Smith's signature on the dotted line.
But county leaders didn't accept the agreement, and instead reneged on their own offer, Savage said.
Savage said he received another agreement from the county on Sept. 6, this time with a smaller payout, and a request for an answer by Tuesday, Sept. 13.
"The [County Commission], they sent it to us, then they rejected what they sent to us," Savage said.
Savage said he has a meeting with Smith on Monday to discuss the offer.
At that point, there would only be a few options. Smith can accept the severance package or provide another counteroffer.
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Savage didn't go into detail about how much money each severance package included but did say the second agreement's payout was about half the size of the first.
Smith's contract also sets the amount of money in the severance package, the equivalent of nine months' pay. Smith’s current salary is $235,100, meaning he is contractually due $176,325.
Previously, Savage has said his client is pursuing a higher payout.
Smith's contract, acquired through the Georgia Open Records Act, says Smith can be terminated for "good cause" and not get a severance package. The document goes on to list examples of what constitutes a good cause termination.
Chatham County Manager Lee ... by savannahnow.com
Good cause is defined in the contract, broadly, as failure to fulfill the duties of the county manager, general negligence, "drunkenness or excessive use of alcoholic beverages," use of controlled substances, felony convictions, "immoral conduct not in conformity with the accepted moral standards of the community" including sexual matters, conduct indicative of corruption, indecency or depravity, assaulting an employee or citizen, and falsifying records or documents.
But with severance negotiations underway, Smith’s suspension likely falls outside the realm of good cause termination.
The story so far
Since July 21, Smith has been on administrative leave, and in the month and a half since then, Chatham officials have yet to give a reason — even to Smith himself.
The county has denied two records requests for Smith's personnel file, communications and others documents made under the Georgia Open Records Act since Smith's suspension was first reported on July 22.
"The documents you have requested are currently part of an investigation and are unable to be reproduced until an action has been decided," an email from Chatham County Attorney Jonathan Hart dated July 26 read in part.
Asked whether Smith was still under investigation, Assistant Chatham County Attorney Andre Pretorious said “the board was still in discussions, and we await further directions from the board.” The board referenced is the Chatham Commission.
On July 29, Assistant County Manager Michael Kaigler was installed as the acting county manager in Smith's absence.
On Aug. 12, the Chatham Commission authorized Chairman Chester Ellis and County Attorney Jon Hart to negotiate the severance package.
‘Recent chain of events’
Smith was suspended in a letter dated July 19 that was hand-delivered to Smith by Ellis on July 21. In the letter, Ellis explains Smith he is being investigated due to an unspecified "recent chain of events."
SMN Smith Letter of Suspension by savannahnow.com
"Due to the recent chain of events, I find it necessary to begin an investigation into leadership activities which may negatively impact Chatham County," Ellis' letter read.
In the letter, Ellis goes on to tell Smith he is suspended with pay and that he cannot speak on behalf of Chatham County during the suspension.
Ellis has consistently denied comment on the matter. Following last week's County Commission meeting, he said told reporters there were no updates to provide on Smith's severance.
Will Peebles is the City Council and County Commission reporter for Savannah Morning News, covering local Savannah and Chatham County decisions. He can be reached at wpeebles@savannahnow.com or on Twitter @willpeeblesSMN
This article originally appeared on Savannah Morning News: Chatham Manager Lee Smith agreed to severance offer since rescinded
