Nevada County Picayune and Gurdon Times Newspaper Archive

City settles suit with Plasek; former officer paid $25,000

It took the Gurdon City Council less than 10 minutes during a special meeting to approve an offer of a $25,000 settlement to former Gurdon Deputy Marshall Frank Plasek.

Plasek will also be allowed to resign his position, effected Nov. 6, 2002.

Gurdon is a member of the Arkansas Municipal League and AML Attorney Erika Ross represented the city in the lawsuit. The AML will pay half the cost of the settlement and the city of Gurdon will pay the other half.

The special meeting to discuss the settlement was called for Wednesday evening at the Gurdon Municipal Building. The settlement was the only issue on the agenda and the meeting was dismissed immediately following the vote.

Gurdon Mayor Clayton Franklin told the council that the city had been advised to accept the settlement offer. Franklin then called for a motion on whether to accept Plasek's terms. Gurdon Councilman Danny Paull questioned the wording of the settlement and Ross answered that it would be changed only slightly from the wording the council had been presented with. Paull then made a motion to approve the payment and Councilman Gene Flowers seconded the motion. A poll of the five council members was unanimously in favor of accepting the proposal.

The civil rights complaint lawsuit was filed in Western District Court in November 2002 after Plasek was fired by the city. Plasek, through Hot Springs Attorney John P. Lewis, filed the lawsuit against Franklin, Gurdon recorder Tambra Smith (Childres), Gurdon City Marshall Don Childres, and each of the five council members, including Paull, Flowers, David Buck, Ronald Scott and Sally Tarpley.

The lawsuit outlines the events leading up to Plasek's termination. According to the suit, Plasek began working for the city as a dispatcher for the police department in 1991 under then-Gurdon City Marshall David Childres. Plasek became a certified police officer in 1998 and began work as a full time patrol officer for Gurdon in 1999.

The lawsuit reads, in part:

"In the 2000 year election, David Chidres did file for re-election and shortly before the filing deadline, his brother Don Childres filed. Plasek had pledged not to compete against David Childres. After the filing deadline and prior to Election Day Nov. 5, 2002, David Childres withdrew his candidacy for the office of city marshal, thus leaving Don Childres as an unopposed candidate.

"Once elected, Don Childres began treating Plasek indifferently as he apparently considered him a potential opponent for the office he held.

"From the day that Don Childres assumed the office of city marshal until the day that Plasek was terminated, Plasek was assigned the least favorable work shift and the marshal avoided contact and communication with him."

Plasek filed and ran against Childres in the 2002 election. "On Nov. 5, 2002, Don Childres was re-elected as city marshal. The following day, Plasek was fired," the lawsuit states.

The lawsuit alleges that Childres accused Plasek of failure to serve a warrant in October, and that lead to his dismissal. According to Plasek's statement in the lawsuit, "the claim was false as Plasek did not have knowledge that was an outstanding warrant on this individual."

The city council voted to uphold the termination, Plasek's lawsuit states, leading to the inclusion of the city council members in the complaint. "The council at their regularly scheduled meeting on Dec. 16, 2002, voted to uphold the marshal's decision to terminate the employment of Frank Plasek. The termination was based on a false reason and the city county, the mayor and the marshal knew it was false."

The city's response, filed by Ross, denies the allegations, including that the city had no reason for terminating Plasek.

Plasek initially sought back pay, pay for overtime he claimed to have worked and not been paid for, punitive and emotional damages. The settlement had not been completed as of deadline time Friday, but Ross said the agreement was proposed by Plasek and that the city agreed to pay $25,000 and allow Plasek to resign, rather than to have the termination on his employment record.

Asked if the settlement was fair, Ross said, "I wouldn't have recommended it if I didn't think it was a fair settlement."

Ross said the reason for advising the city to accept the settlement was the same reason for recommending settlement of other cases.

"The expense of litigation and a trial is high," she said. "If you can reach a settlement, that's the best thing to do, especially with a case like this."

Plasek, contacted at home following the council's decision said he was under a gag order and couldn't talk about the case.

"I'd like to comment, but I'm not at liberty to," he said.

Asked if the settlement was fair, Plasek repeated, "No comment."

The AML will pay half the cost of the settlement and Franklin said the city has funds available to pay their share of the cost.

Asked if he thought the settlement was fair, Franklin said, "I still contend that the city did nothing wrong. But I'm just one vote."

Ross said the agreement should be filed immediately and the case put on an inactive status. She said the settlement effectively ends the lawsuit.