Killington responds to Neisner’s lawsuit
The man suing the town over former Town
Manager Seth Webb’s appointment is a “frustrated office seeker” who is
“pursuing a personal vendetta” against Killington, the town argues in a
court filing Wednesday.
In a motion asking a judge to dismiss Melvin B. Neisner Jr.’s lawsuit, the town argues the disgruntled Killington resident — and lawyer — makes “vague” and “rambling” allegations that do not pass muster.
Webb was appointed to the post of Town Manager in 2011 but stepped down at the end of last year for a position in the private sector. His last day as manager was Dec. 31.
Alleging a litany of misdeeds by Webb — including that he overcharged taxpayers, acted inappropriately toward employees, and misused town funds — Neisner filed suit in late December.
Neisner objected to Webb’s hiring at the time of his appointment, and even wrote to the town to offer himself as a replacement. Neisner has since said his offer was intended as a joke to signal his displeasure.
In a footnote, the town argues the personal nature of the suit is even illustrated by Neisner’s choices in serving the suit: Webb was served during a party celebrating his tenure in town, and Selectman Christopher Bianchi was served while at home with family over the holidays.
As to Neisner’s claim that his due-process rights “under the Federal and State constitutions” were violated when the town filed a complaint against him with the Professional Conduct Board and in their responses to his records requests, the town argues that Neisner was “afforded all the process that was due in both situations.”
The town is “at a loss” as to why Neisner believed his due process rights were violated when it lodged a complaint against him with the Professional Conduct Board for allegedly harassing the town and Webb, Killington’s lawyers state in the filing.
“The Board did not find that (Neisner) did not commit the specified actions or that his purpose in doing so was not harassment. Rather, the Board reasoned that in his dispute with the Town, he was acting on his behalf, as a resident of the town… Thus, the Board dismissed the complaint and closed its file on the matter,” the motion states. “Accordingly, the Plaintiff was afforded all the process that was due.”
As to Neisner’s claim that his due process rights were violated when Killington responded to requests for records, the town argues he had access to a recourse he never took advantage of.
“If Plaintiff Neisner truly believed that his right to records under Vermont’s Public Records Act had been violated, he could have filed suit under that statute… That he has chosen not to avail himself of that opportunity does not amount to a denial of due process of law,” the town states in its filing.
The town also argues Neisner’s complaints regarding culvert repair and road resurfacing in front of his property are negligence claims, which are barred under the doctrine of municipal immunity.
The town concludes its filing by arguing that Neisner’s suit is ultimately moot.
“Webb is gone from office. The Town cannot retroactively un-hire him nor turn back time so as to perform a more thorough search for a candidate of Plaintiff’s liking,” Killington’s lawyers argue.
Reached by phone Thursday afternoon, Neisner said that he would be filing a response to the town’s motion, but declined to comment further.
lola.duffort
@rutlandherald.com
In a motion asking a judge to dismiss Melvin B. Neisner Jr.’s lawsuit, the town argues the disgruntled Killington resident — and lawyer — makes “vague” and “rambling” allegations that do not pass muster.
Webb was appointed to the post of Town Manager in 2011 but stepped down at the end of last year for a position in the private sector. His last day as manager was Dec. 31.
Alleging a litany of misdeeds by Webb — including that he overcharged taxpayers, acted inappropriately toward employees, and misused town funds — Neisner filed suit in late December.
Neisner objected to Webb’s hiring at the time of his appointment, and even wrote to the town to offer himself as a replacement. Neisner has since said his offer was intended as a joke to signal his displeasure.
In a footnote, the town argues the personal nature of the suit is even illustrated by Neisner’s choices in serving the suit: Webb was served during a party celebrating his tenure in town, and Selectman Christopher Bianchi was served while at home with family over the holidays.
As to Neisner’s claim that his due-process rights “under the Federal and State constitutions” were violated when the town filed a complaint against him with the Professional Conduct Board and in their responses to his records requests, the town argues that Neisner was “afforded all the process that was due in both situations.”
The town is “at a loss” as to why Neisner believed his due process rights were violated when it lodged a complaint against him with the Professional Conduct Board for allegedly harassing the town and Webb, Killington’s lawyers state in the filing.
“The Board did not find that (Neisner) did not commit the specified actions or that his purpose in doing so was not harassment. Rather, the Board reasoned that in his dispute with the Town, he was acting on his behalf, as a resident of the town… Thus, the Board dismissed the complaint and closed its file on the matter,” the motion states. “Accordingly, the Plaintiff was afforded all the process that was due.”
As to Neisner’s claim that his due process rights were violated when Killington responded to requests for records, the town argues he had access to a recourse he never took advantage of.
“If Plaintiff Neisner truly believed that his right to records under Vermont’s Public Records Act had been violated, he could have filed suit under that statute… That he has chosen not to avail himself of that opportunity does not amount to a denial of due process of law,” the town states in its filing.
The town also argues Neisner’s complaints regarding culvert repair and road resurfacing in front of his property are negligence claims, which are barred under the doctrine of municipal immunity.
The town concludes its filing by arguing that Neisner’s suit is ultimately moot.
“Webb is gone from office. The Town cannot retroactively un-hire him nor turn back time so as to perform a more thorough search for a candidate of Plaintiff’s liking,” Killington’s lawyers argue.
Reached by phone Thursday afternoon, Neisner said that he would be filing a response to the town’s motion, but declined to comment further.
lola.duffort
@rutlandherald.com
Comment: I would like to hear more about "he acted inappropriately toward employees" as there's been a lot of scuttlebut in town about Webb's treatment and relationships with town employees. Also the fact that Webb was hired with no experience as a town manager could be construed as negligence and misuse of town funds as the Town had to hire additional managerial staff to assume certain Town Manager responsibilities which Webb wasn't conversant in. The fact that this additional manager was hired added a significant payroll increase on top of what was already the highest town manager salary in Vermont. So not only did the town not get what it needed in a Town Manager it had to pay a premium above and beyond Webb's record salary to complete the Town Manager function. So who is responsible for that fiasco (among other fiscal peccadilloes like the Visitors' Center and the so called beautification of Killington Road with plantings some of which did not even last through the end of the year).
I would be interested in seeing this play out if for nothing else to highlight the goings on in town government during the last few years.
Vito
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