NARCOG board discusses Gann suit [The Decatur Daily, Ala.]

Oct. 31--After meeting 90 minutes in private with its attorney, the North-central Alabama Regional Council of Governments board took no action on the Rodney Gann lawsuit.

"I have advised them not to talk about the lawsuit," attorney Barney Lovelace said following Wednesday's protracted meeting.

Gann, the agency's former aging director of 19 years, filed suit in federal court accusing NARCOG and some of its employees of retaliation, age discrimination, invasion of privacy, defamation, negligent hiring and supervision, and civil conspiracy.

NARCOG has denied the allegations. The board terminated Gann in March 2012.

At Wednesday's meeting, Lovelace asked every NARCOG employee, except Executive Director Jeffrey Pruitt, and the media to leave the session.

State law permits public boards to meet in private to discuss litigation.

Board members, who took short breaks during the executive session, declined to say what was discussed with Lovelace.

"I can't tell you," Lawrence County Commissioner Mose Jones Jr. told reporters outside the meeting room.

Asked after the meeting if he talked about a settlement, Lovelace replied: "We're in discovery."

Gann, who was not at the meeting, is representing himself in the case. He seeks $250,000 for "damage to his reputation, mental anguish, embarrassment, emotional distress -- both past and present -- and lost business opportunities." He also seeks $250,000 from the board for failing to protect his rights as a NARCOG employee.

If NARCOG loses the case, the money would have to come from the agency's general fund because board members did not have liability insurance when they terminated Gann.

The board took steps to rectify that in case of future lawsuits by making board members part of an expanded package of coverage.

Because NARCOG is a "hybrid" governmental entity, Lovelace said, board members are not subject to the $100,000 liability cap state law puts on elected officials.

He said the policy, which is for $1 million, will cost a little more than $7,000 annually and will only cover cases "going forward."

Deangelo McDaniel can be reached at 256-340-2469 or [email protected].

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