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Ex-library director threatens legal action
Jan Horah claims breach of contract and seeks a negotiated settlement
By WAYNE AYERS
Article published on Tuesday, Nov. 18, 2008 |
MADEIRA BEACH – An attorney representing former Gulf Beaches Public Library Director Jan Horah claims her recent firing by the library board “is in breach of several provisions of her contract.”
A letter from Tampa attorney John D. Goldsmith to library board chairman Nick Simons outlining Horah’s case was made public at a special board meeting held Monday.
In the letter, Goldsmith states “Ms. Horah will aggressively pursue all avenues to vindicate her actions and attempt to repair the malicious damage to her reputation.”
The letter goes on to threaten legal action if an amicable resolution of the matter cannot be reached, and Simons is invited to contact Goldsmith if the board is “interested in discussing settlement.”
The threat of a lawsuit over the director’s termination comes as the library board struggles to emerge from a financial crisis and possible closure from lack of operating funds.
The letter cites several examples to back Goldsmith’s assertion that Horah was wrongfully dismissed. “Immediate dismissal,” the letter states, “may only result from the use of alcohol or drugs or the carrying of weapons on the library grounds.” “Ms. Horah was dismissed for allegedly not informing the board of $300,000 in additional reserves,” an accusation that Goldsmith says is “demonstrably false.”
“The false assertion that Ms. Horah somehow ‘hid’ the $300,000 in reserves is directly contradicted by the annual audited financial statements which were presented to, and approved by, the Library’s Board,” the letter states. Further, shortly after the board approved the audit showing the extra $300,000 in reserves, the board gave Horah a favorable review and approved a raise for her, Goldsmith states in the letter.
An assertion made in the letter that a majority (at least six) of the voting trustees were not present at the meeting where Horah was terminated appears to be false. A record of the meeting shows six board members were present and three were absent.
The letter also accuses several (unnamed) library board members of making “false and defamatory statements to the media and others about Ms. Horah, some stating or suggesting that Ms. Horah is dishonest, lacks integrity, or committed a crime.”
The letter concludes by stating that “Ms. Horah is interested in determining whether an amicable resolution of this matter can be reached before filing suit.”
None of the board members were willing to comment on the letter as it was distributed just prior to the meeting. Simons said the board would not respond until the letter had been reviewed by an attorney.
A special board meeting has been called for Dec. 8 at 4 p.m. to discuss the potential lawsuit and its ramifications, among other topics.
In other business, the board decided not to act on a previous recommendation by Simons that board membership be composed of elected officials from the supporting communities. Instead, each town may appoint two representatives as they choose. They can be elected officials or volunteer citizens. That is the approach currently being followed.
After hearing concerns from several board members and Madeira Beach Commissioner Steve Kochick that a board consisting solely of elected representatives would be too political in nature, Simons agreed that the present system of appointment is best.
Interim library director Travis Sherman reported the library is “operating pretty smoothly” with the changes and reduced staff. A computer class, usually poorly attended, will no longer be held. Sherman said the class was run by former reference librarian Harriet Thompkins who used her personal laptop computer to explain the basics. It was not “hands on” learning, and Sherman suggested substituting “something more directly related to books.”
Sherman also said the library’s volunteer program was now up and running. “We’ve already got five hours of volunteer work,” she said.
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Article published on Tuesday, Nov. 18, 2008
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