Article published November 20, 2009
Settlement likely over Hartung’s firing suit
Port authority cites compensation deal
The tentative agreement calls for James Hartung to receive some unused sick pay and vacation time.
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THE BLADE
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By DAVID PATCH
BLADE STAFF WRITER
Former Toledo-Lucas County Port Authority President James Hartung could receive about $41,000 in unused vacation and sick pay under an out-of-court settlement the port authority is negotiating with him.
Following a brief, closed-door meeting yesterday morning, the agency’s board of directors authorized Opie Rollison, its vice chairman, and board member Lloyd Jacobs to finalize the terms of a settlement with Mr. Hartung.
A draft version of the settlement that The Blade subsequently obtained provides for Mr. Hartung to be compensated for 60 days of unused vacation and sick time, or slightly more than a quarter of the compensation he demanded in a lawsuit filed against the agency in August for vacation and sick pay he said he had accrued be-fore his Aug. 1, 2008, firing.
After 14 years as the port authority’s president, the board of directors dismissed Mr. Hartung for what board chairman William Carroll later said was “an inappropriate relationship with a vendor.”
E-mails released in compliance with Ohio public-records law show Mr. Hartung and Kathy Teigland, a lobbyist working on behalf of the port authority and other local agencies, had a long-running personal relationship that mixed business and pleasure.
The e-mails also included requests from Ms. Teigland for additional compensation for her work.
Mr. Hartung’s lawsuit in Lucas County Common Pleas Court claimed he was entitled after his termination to 190 days of unused, accrued vacation time and 40 days of sick pay, with a calculated value of $157,577.40.
Under the proposed settlement, Mr. Hartung will receive 90 days of unused vacation and sick pay, worth $41,107.15. As a condition of receiving that payment, the former port president will withdraw the lawsuit with prejudice, meaning that he cannot refile it at a later date.
“The parties have amicably resolved all of the issues between them and are moving on with their lives now,” said Kevin Greenfield, Mr. Hartung’s lawyer.
Mr. Rollison said the 60 days for unused sick and vacation time was based on the terms of Mr. Hartung’s employment contract, including 40 days’ sick time as provided for all nonunion port employees and 20 days’ vacation time as specifically provided to Mr. Hartung. The former president received 60 days’ pay immediately after his firing, which was also provided for in his contract.
Mr. Greenfield said he was not sure when the agreement might be presented to his client for signature, but he said the terms described in the draft matched his understanding of the deal and he did not foresee Mr. Hartung rejecting it.
“I am optimistic that this will be settled promptly,” Mr. Rollison said last night.
The former port president initially fought the port directors’ decision to fire him “with cause,” which meant he would not receive about $100,000 in severance pay, to be paid in nine monthly installments, and health insurance coverage during that time, as was stipulated in his employment contract.
But concurrent with his lawsuit filing in August, he withdrew from a scheduled arbitration hearing, which effectively dropped the severance claim.
Under the settlement, each side agrees to give up future claims against the other regarding Mr. Hartung’s work for, or termination from, the port authority.
Still pending is a $750,000 defamation lawsuit Ms. Teigland filed in February, also in Lucas County Common Pleas Court, against Mr. Carroll and the port authority.
Ms. Teigland contends that the port authority’s statement about the “inappropriate relationship with a vendor” damaged her reputation and cost her lobbying work.
Contact David Patch at:dpatch@theblade.comor 419-724-6094.
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