Firing Settlement Includes Raise And Praise City Boosts Fee Ex-Engineering Director Gets For Testimony In Compost Lawsuit

In its final settlement with Phil Williams, the city of Spokane gave the former engineering director a raise and a favorable letter of recommendation.

Williams also received $135,000, health benefits for his family and $40,000 for his attorney.

Under terms of the agreement, finalized Tuesday, the city will increase Williams’ pay from $125 per hour to $150 per hour for time spent testifying in the upcoming trial against the city by 45 Colbert-area residents.

The residents are suing the city for locating a compost facility near their homes.

Williams was the city official in charge of choosing a location for the compost plant in 1993.

Williams’ attorney, Michael McMahon, estimates his client has already given at least 40 hours of depositions in the case. Williams was paid $125 per hour by the city for his time.

“He has been paid to assist the city,” McMahon said. “Phil is the city’s prime witness, he expects to be paid for spending major blocks of his time.”

Assistant City Attorney Milt Rowland said Williams is being paid just as any other outside witness who spends a lot of time helping attorneys. Rowland said the fee is reasonable.

“You can’t just ask someone to give up their time and teach the lawyers what all the documents mean,” Rowland said.

He estimates Williams has been paid about $5,000 so far for his time.

In a press conference almost two weeks ago, City Manager Bill Pupo announced the city had reached a settlement with Williams, who filed a $2 million suit against the city over his 1997 firing.

At the time, Pupo didn’t mention the letter of recommendation he wrote for Williams or the $150 per hour fee he is to be paid for testifying.

McMahon said the fee was discussed during negotiations but not put in writing. The City Council was told during executive session before the press conference about the fee.

Pupo, who was not involved in the negotiations, told The Spokesman-Review the day after the press conference that the $150 per hour fee was taken out of the settlement because the city “didn’t want to guarantee (Williams) anything. It just got too complicated to include in the settlement.”

Councilwoman Cherie Rodgers told the newspaper she objected to including the payment for Williams’ testimony in the settlement.

McMahon said after reading those comments in the newspaper he decided the fee agreement should be put in writing.

“It was never an issue until we saw the comments in the newspaper,” he said. “Then we realized there had to be some clarification.”

McMahon said the city Tuesday made a lump sum payment to Williams of $135,000 plus the $40,000 in attorney fees. The medical and dental benefits will cover Williams, his son and daughter and any future spouse for five years.

Pupo fired Williams in November 1997, saying he lost confidence in the 12-year employee after the Spokesman-Review reported he was having an intimate relationship with a scientist who conducted a study of the city’s incinerator.

As part of his $82,000-a-year job, Williams oversaw the incinerator.

In his letter firing Williams, Pupo said:

“Unfortunately, following a comprehensive review of your work for the city … and in light of recent issues arising out of your involvement with the contract with Delta Technology since October 1996 when you indicated you had a personal relationship with the consultant, I have lost that confidence in you.”

In the letter of recommendation written as part of the settlement agreement, Pupo said Williams “served with distinction.”

“In the various positions held by Williams, he displayed hard work and commitment to his duties and responsibilities. “Mr. Williams is an optimistic individual who faces each new challenges with enthusiasm,” Pupo wrote.

FIRING SETTLEMENT What Williams will get $135,000 lump sum payment $40,000 for attorney fees Health insurance for family Payment of $150 an hour for testimony in suits against city Favorable letter of recommendation