NORTHAMPTON — A trial scheduled to start Monday in a wrongful termination lawsuit against the Hampshire Council of Governments was continued last week, court records show.
Plaintiff John O’Rourke said Monday that “the trial has been continued pending the outcome of our negotiations for a settlement. Right now it’s up to the council to meet on Thursday night to decide whether or not to accept the settlement that I’ve given them.”
In May, according to court records, O’Rourke declined a $38,558 settlement offer made by HCOG, saying continuing the saga in court is “necessary to expose the unethical and illegal actions of the Defendants,” to “vindicate O’Rourke” and require testimony of those who “will confirm the pattern of behavior of the Defendants to mistreat and abuse employees.”
He also states that he is owed more than $160,000 in lost wages, accrued vacation time, other benefits and damages. O’Rourke originally filed his lawsuit in December 2014.
Todd Ford, HCOG’s executive director, declined to comment for this story.
In court filings, O’Rourke, who is representing himself, states his due process rights under the council’s personnel policies were violated when he was laid off. He also states the council violated the state’s Open Meeting Law when the executive committee met behind closed doors in 2013 to recommend reorganizing the council’s electricity department.
The HCOG, according to filings, argues that O’Rourke himself was not fired, but his position was eliminated “as part of a reorganization of the Electricity Department.”
The organization also argues O’Rourke was not a contracted employee as he claims, but an employee “at will” and “was provided all due process due to him.”
Jack Suntrup contributed to this report.
Amanda Drane can be contacted at adrane@gazettenet.com.