[Southsider2k12]

http://thenewsdispatch.com/articles/2012/0...42416785729.txt

Former park employee files wrongful termination complaint

By Tim Moran
Staff Writer
Published: Thursday, February 9, 2012 5:07 PM CST
MICHIGAN CITY — A former Michigan City Parks Department employee has filed a wrongful termination complaint against the city.

He’s also listed as the defendant in a counter-claim issued in the U.S. District Court’s South Bend division.

Darren Westphal, who served as Park Department maintenance director from 1985 to 2010, alleges through his original complaint with the court that he was terminated by the city, the listed defendant, in February 2010 without being given a written reason.

Westphal also alleges age discrimination, citing the department hired a younger man to replace him.

*
As part of the complaint, Westphal says he was told verbally he was terminated for allegedly “borrowing Defendant’s tools and equipment without Defendant’s permission,” but that “other similarly-situated, substantially younger employees borrowed and/or misappropriated Defendant’s tools and equipment without permission, and were not terminated or otherwise disciplined by Defendant.”

The complaint also alleges Westphal’s successor borrowed and misappropriated the defendant’s property “without discipline.”

In a response to Westphal’s allegations, the city, represented by Attorney Brandi Gibson, states Westphal had access to the Parks Department credit card and purchased brake pads, which he used on his personal vehicle.

The response also says Westphal “removed an ignition coil” from a Park Department truck to test on a truck he was repairing at his residence.

“Westphal never returned the ignition coil,” the response added.

As part of his “request for relief,” Westphal requests he either be reinstated to the same position with benefits and seniority, or that he be paid lost wages in lieu of reinstatement.

Attempts to reach Gibson and attorneys representing Westphal were unsuccessful.

Westphal said he has no comment on the matter at this time.

[Southsider2k12]

http://thenewsdispatch.com/articles/2012/0...75077519540.txt

Settlement with former park maintenance director pending

By Tim Moran
Staff Writer
Published: Sunday, March 4, 2012 5:07 PM CST
MICHIGAN CITY — It has now been more than two years since Darren Westphal, longtime maintenance director for the Michigan City Parks Department, last worked for the city.

Now the focus of a court settlement regarding his 2010 termination — a case in which details are expected to be announced soon — Westphal's contribution to the parks could best be analyzed by some of the individuals who worked with him in the maintenance department, dealt with him during the many events he organized or assisted with or supervised him as a park superintendent.

"Darren was a valued employee," said Darrell Garbacik, who served as superintendent for the parks department for a number of years before leaving for a position with Culver Academies in Culver, Ind. "He had exceptional mechanical aptitude, a vast knowledge of park properties and was a wealth of knowledge in knowing the operations."

But what Garbacik remembers most about Westphal, who worked for the department from 1983 to 2010 as either a mechanic or maintenance director, was his "loyalty, attitude and caring about the city and park department."

*
"He had a long tenure with the park department and had been a valued employee under other superintendents as well," he added. One of them being Terry Zeller. Now a park superintendent in Mishawaka, Zeller served as chief of the Michigan City Parks from 1998 to 2001. "I felt that Darren was a great asset and hard worker for the department," Zeller said.

In addition to his role in keeping up with the maintenance of the park, Westphal was an instrumental asset for members of the Summer Festival committee who were planning some of the year's most well-known events. Westphal planned a number of them and the events he planned tended to pick up in popularity over the years.

The Festival of Lights display in Washington Park, one of Michigan City's best-known holiday traditions, was first set up by Westphal and other park department staff members including assistant maintenance director Wally Veden, in 1988. That display, Westphal previously told The News-Dispatch, took "about an hour" to set up.

By 2007, the event took eight weeks of planning and Christmas decorations filled more than two storage buildings. The Festival of Lights remains a backdrop for the city every winter — often enthralling residents and visitors participating in the yearly Chili Cook-off in Washington Park.

The "Rocktober Fest," a Friday night concert kicking off "Oktoberfest" weekend, was a fun way to begin the post-summer celebration, says At-Large Councilman Joe Doyle, who serves as chair of the Summer Festival committee. "All of my dealings with Darren have been positive," said Doyle, who serves as the council liaison to the park board and previously served on the board. "He was always available and helped gather volunteers for Summer Fest. People really appreciated that."

But what city residents and truck enthusiasts nationwide may remember most about Westphal's contribution to the parks is the creation of the Try it Again Mud Bog event, which was held during a weekend in late June or early July from 2003 to 2009, the final summer Westphal was employed by the parks department. On Mud Bog weekend, four-wheel drive vehicles would attempt to get through man-made bogs without getting stuck at a location on the east end of Washington Park. "The Mud Bog was always a big hit in the park," said Al Green, former commander of the Traffic Division for the Michigan City Police Department. "I would support its return if that would be possible."

Mark Harvey, owner of Cloverleaf Garage and Mud Bog volunteer, said the yearly event attracted many visitors — some from as far as Florida, California and even a few from overseas. "I know in the automotive industry it was a big thing," Harvey said. "It was a fun couple of days on the beach. I would love to see it come back."

Following Westphal's termination in 2010, the mud bog event was dropped from the Summer Festival's lineup. “The reason is Darren Westphal was let go and he handled that whole thing,” Summer Festival Committee member Bill Greene said during a park board meeting that year. “He (Westphal) dug the pit, got the insurance, got people like Apex Muffler to support it, he got the PA system and he did that all on his own,” Greene said. “We decided we (the Summer Festival Committee) didn’t know too much about it, and we wouldn’t have it this year.”

As a member of the MCPD, Al Green said he worked with Westphal on park issues for years. "Anytime I needed anything done — whether it was painted street markings or having signs put up in the park — he was always there to take care of it," he said. Green also described Westphal as "the go-to guy" at the park department. "He always bent over backwards to do what he could for the city and the parks," he said.

Harvey said Westphal's "heart and soul" was with the park department for years. "You don't find too many people like that," he said.

In a lawsuit filed in 2011 against the city of Michigan City, Westphal claimed he was wrongfully terminated.

According to the lawsuit, attorneys for the city first stated he was fired for not returning a park department ignition coil that he used on his personal vehicle, instead returning the wrong coil. In an amended answer to Westphal's original complaint that included an age discrimination claim, the city said Westphal never returned the coil.

Brenda Taylor, a park department seasonal employee who worked in the maintenance department with Westphal for years, said she does not understand "everything that went down, but Darren was a good boss."

"He did a great job with the park," she added.

During a telephone interview with The News-Dispatch, Westphal said the park was "his life," and that he would "never do anything to hurt the park or the city."

Westphal's passion for the parks is well known, a passion also described by former City Councilman Bob McKee, who at one point served on the park board for eight years while Westphal was maintenance director. "Darren was always a hard-worker," McKee said. "He seemed like someone who took ownership of the park, was always dedicated and always went the extra mile."

Park Board Attorney Jeff Katz said details of the Westphal settlement are expected to be announced during the board's March 7 meeting set for 5 p.m. at the Common Council Chambers of City Hall.

[Southsider2k12]

http://thenewsdispatch.com/articles/2012/0...c1082312903.txt

Park board to release settlement details

Former Parks maintenance director Darren Westphal could get less than $10K
By Tim Moran
Staff Writer
Published: Wednesday, March 7, 2012 5:07 PM CST
MICHIGAN CITY — Details of a settlement between former Parks Department Maintenance Director Darren Westphal and the city are expected to be announced during tonight’s Park Board meeting set for 5 p.m. at City Hall.

Westphal, who was employed by the department from 1983 to 2010, is the focus of a lawsuit in which he claims he was wrongfully terminated by the city.

He coupled that claim with an allegation of age discrimination, since his position was filled by a younger employee.

After Westphal filed his complaint, the city responded with a counter suit that first claimed the former director used an ignition coil on his personal vehicle and returned the wrong coil, then claimed he never returned the coil.

*
An amount of less than $10,000 could be paid to the former employee from the city as part of the agreement, which has yet to be signed by the city.

The Park Board will act on behalf of the city if they decide to sign the settlement tonight.

Park Board Attorney Jeff Katz originally planned to announce details of the settlement at the board’s first meeting at City Hall last month, but postponed the announcement till tonight because Westphal’s attorneys had yet to sign the agreement.

Tonight’s meeting is open to the public and will offer a time for public comments on the Westphal matter and any other issues that may arise during the course of the meeting.

[Southsider2k12]

http://thenewsdispatch.com/articles/2012/0...36605777351.txt

Westphal receives financial settlement from park department

By Tim Moran
Staff Writer
Published: Thursday, March 8, 2012 5:07 PM CST
MICHIGAN CITY — Former Park Department Maintenance Director Darren Westphal will receive $7,000 from the city as a result of a settlement agreement that was finalized Wednesday night at the Michigan City Park Board meeting.

According to the settlement, Westphal "releases and forever discharges" the city and its officials from all liability for claims, demands, losses and injuries "that he now has or may discover," while the city agreed to "convert Westphal's termination into a voluntary resignation and prepare a neutral letter of reference."

The city also releases Westphal from all counterclaims that were presented as part of an answer and amended answer to Westphal's original complaint.

Before the board unanimously approved signing the settlement Wednesday night, Attorney Jeff Katz said the issue began in early 2010 when Superintendent Jan Orlich informed him about "billing problems concerning brake pads and a snowplow kit" that did not fit any park department vehicles as well as a "missing starting coil on a lifeguard truck."

After a police investigation that resulted in no charges, Katz said the conclusion was that there was "evidence of wrongdoing."

Westphal was then given three alternatives, according to Katz. One option was a voluntary resignation where he would be given around $7,000 in accrued vacation and sick time, another being a transfer to another city department to work as a mechanic and a third option for termination.

Katz said Westphal's attorney demanded that Westphal be reinstated at a subsequent meeting but then was informed Westphal would be terminated instead.

Katz said Wednesday the starting coil was returned after Westphal's termination, but "did not fit the truck."

The city's amended answer to Westphal's complaint indicated no coil had been returned.

Westphal filed an age discrimination claim nearly a year after his termination, Katz said, claiming he was discriminated against because he was replaced by a younger employee, current Maintenance Director Bob Graves.

"In my opinion, the case was without merit because Jan Orlich first offered the job to Mr. (Wally) Veden (assistant maintenance director at the time), who is older than Mr. Westphal," Katz said.

The attorney holds that after Veden turned down the offer, the position was offered to Graves, who accepted.

"I am confident that the Park Department would prevail if this case went to trial," Katz said.

But as part of the settlement, both parties agreed that the settlement amount "constitutes settlement of Westphal's allegations (which included a wrongful termination claim) and any purported claims for any liquidated, compensatory and punitive damages."

Katz said the $7,000 will be paid by the city's insurance provider.

Westphal, who served as maintenance director from 1990 to 2010, was the primary organizer of a number of popular Summer Festival events, including the Festival of Lights, Try it Again Mud Bog and Rocktoberfest.

In other news:

The board approved unanimously the 2012-2016 Master Plan, which was first presented to the board in December.

"I think we have an excellent Master Plan and do not think we will have problems getting this approved by the DNR," said Shannon Eason, Park Department administrative director.

Eason also said the Smooth Jazz festival will not take place this year, but planners are "concentrating on the 2013 show."

[Ang]

http://thenewsdispatch.com/articles/2012/0...75077519540.txt

Settlement with former park maintenance director pending

By Tim Moran
Staff Writer
Published: Friday, March 9, 2012 10:09 PM CST
MICHIGAN CITY — It has now been more than two years since Darren Westphal, longtime maintenance director for the Michigan City Parks Department, last worked for the city.

Now the focus of a court settlement regarding his 2010 termination — a case in which details are expected to be announced soon — Westphal's contribution to the parks could best be analyzed by some of the individuals who worked with him in the maintenance department, dealt with him during the many events he organized or assisted with or supervised him as a park superintendent.

"Darren was a valued employee," said Darrell Garbacik, who served as superintendent for the parks department for a number of years before leaving for a position with Culver Academies in Culver, Ind. "He had exceptional mechanical aptitude, a vast knowledge of park properties and was a wealth of knowledge in knowing the operations."

But what Garbacik remembers most about Westphal, who worked for the department from 1983 to 2010 as either a mechanic or maintenance director, was his "loyalty, attitude and caring about the city and park department."

"He had a long tenure with the park department and had been a valued employee under other superintendents as well," he added. One of them being Terry Zeller. Now a park superintendent in Mishawaka, Zeller served as chief of the Michigan City Parks from 1998 to 2001. "I felt that Darren was a great asset and hard worker for the department," Zeller said.

In addition to his role in keeping up with the maintenance of the park, Westphal was an instrumental asset for members of the Summer Festival committee who were planning some of the year's most well-known events. Westphal planned a number of them and the events he planned tended to pick up in popularity over the years.

The Festival of Lights display in Washington Park, one of Michigan City's best-known holiday traditions, was first set up by Westphal and other park department staff members including assistant maintenance director Wally Veden, in 1988. That display, Westphal previously told The News-Dispatch, took "about an hour" to set up.

By 2007, the event took eight weeks of planning and Christmas decorations filled more than two storage buildings. The Festival of Lights remains a backdrop for the city every winter — often enthralling residents and visitors participating in the yearly Chili Cook-off in Washington Park.

The "Rocktober Fest," a Friday night concert kicking off "Oktoberfest" weekend, was a fun way to begin the post-summer celebration, says At-Large Councilman Joe Doyle, who serves as chair of the Summer Festival committee. "All of my dealings with Darren have been positive," said Doyle, who serves as the council liaison to the park board and previously served on the board. "He was always available and helped gather volunteers for Summer Fest. People really appreciated that."

But what city residents and truck enthusiasts nationwide may remember most about Westphal's contribution to the parks is the creation of the Try it Again Mud Bog event, which was held during a weekend in late June or early July from 2003 to 2009, the final summer Westphal was employed by the parks department. On Mud Bog weekend, four-wheel drive vehicles would attempt to get through man-made bogs without getting stuck at a location on the east end of Washington Park. "The Mud Bog was always a big hit in the park," said Al Green, former commander of the Traffic Division for the Michigan City Police Department. "I would support its return if that would be possible."

Mark Harvey, owner of Cloverleaf Garage and Mud Bog volunteer, said the yearly event attracted many visitors — some from as far as Florida, California and even a few from overseas. "I know in the automotive industry it was a big thing," Harvey said. "It was a fun couple of days on the beach. I would love to see it come back."

Following Westphal's termination in 2010, the mud bog event was dropped from the Summer Festival's lineup. “The reason is Darren Westphal was let go and he handled that whole thing,” Summer Festival Committee member Bill Greene said during a park board meeting that year. “He (Westphal) dug the pit, got the insurance, got people like Apex Muffler to support it, he got the PA system and he did that all on his own,” Greene said. “We decided we (the Summer Festival Committee) didn’t know too much about it, and we wouldn’t have it this year.”

As a member of the MCPD, Al Green said he worked with Westphal on park issues for years. "Anytime I needed anything done — whether it was painted street markings or having signs put up in the park — he was always there to take care of it," he said. Green also described Westphal as "the go-to guy" at the park department. "He always bent over backwards to do what he could for the city and the parks," he said.

Harvey said Westphal's "heart and soul" was with the park department for years. "You don't find too many people like that," he said.

In a lawsuit filed in 2011 against the city of Michigan City, Westphal claimed he was wrongfully terminated.

According to the lawsuit, attorneys for the city first stated he was fired for not returning a park department ignition coil that he used on his personal vehicle, instead returning the wrong coil. In an amended answer to Westphal's original complaint that included an age discrimination claim, the city said Westphal never returned the coil.

Brenda Taylor, a park department seasonal employee who worked in the maintenance department with Westphal for years, said she does not understand "everything that went down, but Darren was a good boss."

"He did a great job with the park," she added.

During a telephone interview with The News-Dispatch, Westphal said the park was "his life," and that he would "never do anything to hurt the park or the city."

Westphal's passion for the parks is well known, a passion also described by former City Councilman Bob McKee, who at one point served on the park board for eight years while Westphal was maintenance director. "Darren was always a hard-worker," McKee said. "He seemed like someone who took ownership of the park, was always dedicated and always went the extra mile."

Park Board Attorney Jeff Katz said details of the Westphal settlement are expected to be announced during the board's March 7 meeting set for 5 p.m. at the Common Council Chambers of City Hall.

[Southsider2k12]

It is telling when you have former employees like McKee publicly undercutting the City's case.

[j4katz]

http://thenewsdispatch.com/articles/2012/0...36605777351.txt

Westphal receives financial settlement from park department

By Tim Moran
Staff Writer
Published: Thursday, March 8, 2012 5:07 PM CST
MICHIGAN CITY — Former Park Department Maintenance Director Darren Westphal will receive $7,000 from the city as a result of a settlement agreement that was finalized Wednesday night at the Michigan City Park Board meeting.

According to the settlement, Westphal "releases and forever discharges" the city and its officials from all liability for claims, demands, losses and injuries "that he now has or may discover," while the city agreed to "convert Westphal's termination into a voluntary resignation and prepare a neutral letter of reference."

The city also releases Westphal from all counterclaims that were presented as part of an answer and amended answer to Westphal's original complaint.

Before the board unanimously approved signing the settlement Wednesday night, Attorney Jeff Katz said the issue began in early 2010 when Superintendent Jan Orlich informed him about "billing problems concerning brake pads and a snowplow kit" that did not fit any park department vehicles as well as a "missing starting coil on a lifeguard truck."

After a police investigation that resulted in no charges, Katz said the conclusion was that there was "evidence of wrongdoing."

Westphal was then given three alternatives, according to Katz. One option was a voluntary resignation where he would be given around $7,000 in accrued vacation and sick time, another being a transfer to another city department to work as a mechanic and a third option for termination.

Katz said Westphal's attorney demanded that Westphal be reinstated at a subsequent meeting but then was informed Westphal would be terminated instead.

Katz said Wednesday the starting coil was returned after Westphal's termination, but "did not fit the truck."

The city's amended answer to Westphal's complaint indicated no coil had been returned.

Westphal filed an age discrimination claim nearly a year after his termination, Katz said, claiming he was discriminated against because he was replaced by a younger employee, current Maintenance Director Bob Graves.

"In my opinion, the case was without merit because Jan Orlich first offered the job to Mr. (Wally) Veden (assistant maintenance director at the time), who is older than Mr. Westphal," Katz said.

The attorney holds that after Veden turned down the offer, the position was offered to Graves, who accepted.

"I am confident that the Park Department would prevail if this case went to trial," Katz said.

But as part of the settlement, both parties agreed that the settlement amount "constitutes settlement of Westphal's allegations (which included a wrongful termination claim) and any purported claims for any liquidated, compensatory and punitive damages."

Katz said the $7,000 will be paid by the city's insurance provider.

Westphal, who served as maintenance director from 1990 to 2010, was the primary organizer of a number of popular Summer Festival events, including the Festival of Lights, Try it Again Mud Bog and Rocktoberfest.

[Ang]

Well, if he only got $7K and "voluntary resignation" out of the deal, why didn't he take it when it was first offered? Seems to me he could have saved himself, and the taxpayers, a bunch of money for not having to pay attorney fees.....

Just sayin...

[Southsider2k12]

Well, if he only got $7K and "voluntary resignation" out of the deal, why didn't he take it when it was first offered? Seems to me he could have saved himself, and the taxpayers, a bunch of money for not having to pay attorney fees.....

Just sayin...

In the long run the "voluntary resignation" is worth way more than anything.

[Ang]

Then he should have taken that option when it was first offered to him...

...After a police investigation that resulted in no charges, Katz said the conclusion was that there was "evidence of wrongdoing."

Westphal was then given three alternatives, according to Katz. One option was a voluntary resignation where he would be given around $7,000 in accrued vacation and sick time, another being a transfer to another city department to work as a mechanic and a third option for termination.

Katz said Westphal's attorney demanded that Westphal be reinstated at a subsequent meeting but then was informed Westphal would be terminated instead....

[Southsider2k12]

Then he should have taken that option when it was first offered to him...

I would guess that the City didn't hold on to his accrued vacation. If they did that is pretty dirty considering that belongs to the employee.

[Ang]

He got it. It's in the story posted by J4Katz

[Southsider2k12]

He got it. It's in the story posted by J4Katz

The story really doesn't clear up if that is $7000 cash, or $7000 in back pay.

[Ang]

It's supposed to be implied.

[Southsider2k12]

It's supposed to be implied.

call me picky, but a $7000 settlement, and $7000 covering backpay/vacation are two different things entirely.

[Ang]

I know....And the paper should have been a little clearer on the issue, but maybe they didn't have all the facts. Perhaps there is a member here who is privvy to more information and could clear the matter up? Was it a "settlement" or a "reimbursement"?

[j4katz]

It was a settlement of litigation paid by the insurance company not the Michigan City Parks and Recreation Department. The settlement amount was the approximate amount that Mr. Westphal would have received for vacation and sick leave if he had voluntarily resigned in February 2010. A fact that the News Dispatch has chosen to ignore in each of its articles is that prior to filing an age discrimination case Mr. Westphal filed a wrongful termination case with the US Equal Employment Opportunity Commission. The EEOC dismissed his claim in November 2010.

[Ang]

So basically it's both...a settlement of reimbursement. I figured the insurance company would be the one to pay...
Had he taken the option when it was first offered to him, there would be no attorney fees paid (saving tax payer money-at least on the part of the City), and the insurance company would not have had to pay the claim (which would help to keep insurance rates down), people who have work to do would not have had to waste time in court....

See where I'm going with this?

[j4katz]

I was able to get the insurance company to pay the legal fees for the EEOC and age discrimination cases. I did not charge the Parks Department for my work on the investigation or supervising the litigation. So, other than a time spent, these matters did not cost the Parks Department (or taxpayers) any money.

[Southsider2k12]

So basically it's both...a settlement of reimbursement. I figured the insurance company would be the one to pay...
Had he taken the option when it was first offered to him, there would be no attorney fees paid (saving tax payer money-at least on the part of the City), and the insurance company would not have had to pay the claim (which would help to keep insurance rates down), people who have work to do would not have had to waste time in court....

See where I'm going with this?

There is an issue here. The City should have had that money accounted for, because it was earned wages from what I understand (vacation pay and the like). Where did that money go?

Also I would imagine that this guy just got bad advice if he thought he had a lawsuit. Discrimination suits are the hardest to prove.