The ranks of Kenner residents suing the Mike Yenni
Administration continues to grow.
On Tuesday, May 6th, civic activist Jack Zewe
filed a “Writ of Mandamus” alleging the interim City Attorney Louis Gruntz is
withholding public records and in violation of the state's public records law.
Zewe is seeking information about another lawsuit filed in
May 2013 by Tanya Virgadamo against the City of Kenner and Kenner Fire Chief
John Hellmers. Virgadamo’s lawsuit alleged that Hellmers, in his capacity as
Fire Chief, discriminated against Virgadamo on the basis of her sex.
The lawsuit was settled on September 27th 2013,
and last month, Virgadamo was finally installed as a Kenner Firefighter,
despite applying two years earlier and being passed over several times;
receiving a grade of 88 on the Jefferson Parish Firefighter Civil Service Test;
and undergoing a series of physical and mental tests (all of which she passed)
and an interview that “had the intended effect of discouraging females from
accepting positions as firefighters in the city of Kenner”.
She became the 2nd female Kenner Firefighter.
In addition, Virgadamo’s lawsuit claimed that despite
passing a psychological test, Hellmers told her that she had failed and the
test showed that Virgadamo was “unmotivated”. Virgadamo consulted with the psychologist who
administered the test and denied that Virgadamo had failed the test or was
“unmotivated”.
Virgadamo’s suit also alleged that Hellmers verbally lied to
her, claiming that she was passed over because she had not completed two
firefighter courses. Virgadamo subsequently learned that those courses were not
a prerequisite for employment.
In his lawsuit, Zewe contends that he filed a Public Records
Request on April 21st 2014 seeking:
1). All invoices submitted for payment in the Virgadamo
lawsuit
2). Documents related to any settlement agreement between
Virgadamo and the City of Kenner
3). Documents related to any settlement agreement between
Virgadamo and Hellmers
4). Attorney fees paid by the City of Kenner to the
Virgadamo
On April 30th, Gruntz sent a response to Zewe
denying Zewe’s request.
“Please be advised that the “Confidential Settlement and Release
Agreement” executed by the parties as part of the dismissal proceedings in the
Court contains a confidentiality clause which prohibits the release of, among
other things: the terms and conditions of the Agreement, the settlement
proceeds, any negotiations related to settlement, and all matters related to
litigation.
Accordingly, the City of Kenner is not at liberty to divulge any of the
information Mr. Zewe has requested. The only comments that the City can make
regarding the litigation is that it has been amicably resolved and by mutual
consent.”
While I understand the nature of confidentiality agreements,
how can a legal settlement and legal fees paid for with public funds be
“Confidential”? Shouldn’t the public, or at least the Kenner City Council, have
a right to know how much money the poor decisions of a city official have cost
taxpayers?
A source with the State Attorney General’s office refused to
comment on Zewe’s suit or if confidential legal settlements involving public
dollars were covered by an exception to the Louisiana Public Records law.
Zewe’s suit is scheduled to be heard on May 30th.
