Rutland Herald
KILLINGTON — Former Town Manager Seth Webb received an unexpected farewell from town: a court summons.
A longtime critic of Webb has taken his case to court, suing the town for hiring Webb and keeping him on despite his alleged “shortcomings and inability” to manage the town.
Among other claims, Killington resident and town moderator Melvin B. Neisner Jr. alleges in his lawsuit that Webb misappropriated town funds earmarked for certain purposes, fraudulently charged taxpayers, over-relied on third-party consultants and failed to appropriately budget for a sewer bond.
Webb began his tenure as town manager in August 2011 after serving as Killington’s economic development and tourism director. He announced he was stepping down for a post with a private consulting firm in October. His last day as town manager was Dec. 31.
Select Board Chairwoman Patty McGrath called the lawsuit “wholly without merit and without logic” and said the town planned to “defend itself vigorously.”
First filed in Rutland civil court Dec. 22, Killington moved the case to federal court because one of Neisner’s claims regarded his due process rights under the federal and state constitutions, according to filings.
Neisner claims in his suit the Select Board and Webb violated due process “by refusing to provide requested materials that would have shown their misdeeds except upon payment of thousands of dollars to supply them and refusing to provide materials requested under the ruse that the materials were personal to Seth Webb.”
McGrath would not comment further on the lawsuit’s allegations, but did say Webb had done a “very good job as town manager.”
“He brought us forward, and he brought us many opportunities. I enjoyed working with Seth, and he will be missed,” she said. “His energy and his commitment were very strong.”
Neisner accuses Webb of fostering low morale among employees, who had a “lack of respect for him at all levels.”
According to Neisner’s brief, Webb’s behavior allegedly included “shouting, use of foul language, unwanted advances towards employee(s) through comments, belittling of employees due to his lack of experience prior to being hired with hiring (sic), firings and employee relations and management experience.”
Some of Neisner’s complaints are closer to home. He argues in his complaint that the town damaged his property when they installed nearby culverts and raised the shoulder on the road in front of his property, and filed a “false and fraudulent” complaint against him with the Professional Conduct Board.
A former traffic court judge and Killington lawyer, Neisner is representing himself.
His license to practice law was suspended for two years, from 2009 to 2011, after being convicted on criminal charges after he fled the scene of an accident and implied to police his wife had been behind the wheel.
Reached by phone Friday morning, Neisner said he had little time to speak before meeting clients.
Neisner wrote to the Select Board to offer himself as a replacement to Webb in 2011, but on Friday said the letter had been in jest.
“The letter was tongue in cheek, just to show that the person they chose was not the right person,” he said.
“I have never had any desire” to hold the post, Neisner said, adding that he “would never work for Chris Bianchi.”
He declined to elaborate further except to say that Bianchi had been on the Select Board for the length of Webb’s tenure, and then insisted he had to leave for a meeting.
According to court filings, Neisner seeks legal fees, a permanent injunction against Killington using “restricted funds for daily activities and to balance its cash shortfalls,” and an injunction “against the Town charging Plaintiff and all other bond payers for the sewer line any additional taxes due to the shortfall in funds to pay off the sewer bond due to the incompetency of the Board and the Town Manager.”
He also asks the court to compel the town to refund all Killington taxpayers, including himself, “a fair sum for the waste and misused funds with interest.”
lola.duffort @rutlandherald.com
A longtime critic of Webb has taken his case to court, suing the town for hiring Webb and keeping him on despite his alleged “shortcomings and inability” to manage the town.
Among other claims, Killington resident and town moderator Melvin B. Neisner Jr. alleges in his lawsuit that Webb misappropriated town funds earmarked for certain purposes, fraudulently charged taxpayers, over-relied on third-party consultants and failed to appropriately budget for a sewer bond.
Webb began his tenure as town manager in August 2011 after serving as Killington’s economic development and tourism director. He announced he was stepping down for a post with a private consulting firm in October. His last day as town manager was Dec. 31.
Select Board Chairwoman Patty McGrath called the lawsuit “wholly without merit and without logic” and said the town planned to “defend itself vigorously.”
First filed in Rutland civil court Dec. 22, Killington moved the case to federal court because one of Neisner’s claims regarded his due process rights under the federal and state constitutions, according to filings.
Neisner claims in his suit the Select Board and Webb violated due process “by refusing to provide requested materials that would have shown their misdeeds except upon payment of thousands of dollars to supply them and refusing to provide materials requested under the ruse that the materials were personal to Seth Webb.”
McGrath would not comment further on the lawsuit’s allegations, but did say Webb had done a “very good job as town manager.”
“He brought us forward, and he brought us many opportunities. I enjoyed working with Seth, and he will be missed,” she said. “His energy and his commitment were very strong.”
Neisner accuses Webb of fostering low morale among employees, who had a “lack of respect for him at all levels.”
According to Neisner’s brief, Webb’s behavior allegedly included “shouting, use of foul language, unwanted advances towards employee(s) through comments, belittling of employees due to his lack of experience prior to being hired with hiring (sic), firings and employee relations and management experience.”
Some of Neisner’s complaints are closer to home. He argues in his complaint that the town damaged his property when they installed nearby culverts and raised the shoulder on the road in front of his property, and filed a “false and fraudulent” complaint against him with the Professional Conduct Board.
A former traffic court judge and Killington lawyer, Neisner is representing himself.
His license to practice law was suspended for two years, from 2009 to 2011, after being convicted on criminal charges after he fled the scene of an accident and implied to police his wife had been behind the wheel.
Reached by phone Friday morning, Neisner said he had little time to speak before meeting clients.
Neisner wrote to the Select Board to offer himself as a replacement to Webb in 2011, but on Friday said the letter had been in jest.
“The letter was tongue in cheek, just to show that the person they chose was not the right person,” he said.
“I have never had any desire” to hold the post, Neisner said, adding that he “would never work for Chris Bianchi.”
He declined to elaborate further except to say that Bianchi had been on the Select Board for the length of Webb’s tenure, and then insisted he had to leave for a meeting.
According to court filings, Neisner seeks legal fees, a permanent injunction against Killington using “restricted funds for daily activities and to balance its cash shortfalls,” and an injunction “against the Town charging Plaintiff and all other bond payers for the sewer line any additional taxes due to the shortfall in funds to pay off the sewer bond due to the incompetency of the Board and the Town Manager.”
He also asks the court to compel the town to refund all Killington taxpayers, including himself, “a fair sum for the waste and misused funds with interest.”
lola.duffort @rutlandherald.com
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