Former Gould police chief Talvin Collins has won a default judgment of at least $89,000 for back pay, plus punitive and liquidated damages against four former city aldermen.
Collins sued Harry Hall, Veronica Tensley, Sonja Farley and Rosieanna Smith-Lee individually and in their official capacities on Feb. 28, 2012, in Jefferson County Circuit Court. Collins alleged breach of contract because he was due an annual salary of $21,900 but was not paid. The suit said the nonpayment was a violation of the Arkansas Minimum Wage Act, Collins’ personal contract with the city, and the Fair Labor Standards Act.
No one on the city of Gould’s payroll — including Mayor Earnest Nash Jr., members of the City Council, former court clerk Linda Howell, police officers and a city street worker — received any pay from December of 2011 until January of 2013, except one payment to the City Council in April of 2012 issued by former Gould Recorder-Treasurer Pamela Barley- Gibson. Reasons for the nonpayments were because city bank accounts were frozen for a time and also because Barley-Gibson said Nash would not let her in her office. Nash also said that he didn’t know where the city accounts were kept.
Barley-Gibson is suing the city of Gould and Nash for back pay as well as compensatory and punitive damages because she was not paid. Barley-Gibson’s suit is still pending.
Collins’ suit noted that only the mayor had the authority to hire or fire a police chief, and the mayor never terminated Collins.
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“At all times relevant, [Collins] performed his job satisfactorily,” said the complaint, filed on Collins’ behalf by Benton attorney Luther Sutter. “In fact, Plaintiff has continued to work for the city, yet the city refuses to pay in breach of contract. Consequently, Plaintiff is entitled to lost wages, as well as any penalties allowed by law. Plaintiff has made written demand upon the city for his pay, but the city has refused.”
Circuit Judge Rob Wyatt, in granting Collins’ motion for default judgement on May 6, ruled that, “Each defendant has been duly served with summons, but has failed to timely respond as required by law.” “Each defendant has failed to appear and defend, and each Defendant is indebted to the Plaintiff. Plaintiff will be awarded his costs and reasonable attorney’s fees. A subsequent hearing on damages will be set by the court.”
The four defendants apparently never retained an attorney. None could be reached for comment. In July, Wyatt ruled that the defendants “jointly and severally” owed Collins $52,000 in compensatory damages and $32,000 for liquidated damages, for a subtotal of $84,000 that will accrue interest until paid at a rate of 10 percent annually. Wyatt set punitive damages at $1,000 each for Hall, Tensley, Farley and Smith-Lee, which payments are also subject to a 10 percent interest rate until paid.
Furthermore, Sutter filed motions on July 30 asking for a judgment on his legal fees. Sutter said he worked for about eight hours on the case and his rate is $350 per hour. Wyatt had noted he would rule on costs and fees within 30 days of the attorney’s request.
On June 24, Wyatt also filed an order setting a “damage hearing” in the case for September 6 in Pine Bluff.
Sutter did not return repeated phone messages seeking comment.Wyatt declined to comment on the case.