Scheduling conference set for Rea lawsuit

Sentinel writer

A pre-trial scheduling conference in the case of the City and Borough of Wrangell and former Wrangell Medical Center administrator Noel Rea, as well as six former members of the WMC Board of Directors, has been set for Nov. 7 at 3:30 p.m. at Wrangell’s First District Court.

The case, which was filed on July 11, seeks to have an amendment to the employment contract of Rea voided, and to order that he return a six-figure severance check paid to him after his termination by the board on June 20.

According to court documents, that severance check, in the amount of $520,788.58, was paid to Rea on June 21, the day after the former board voted 6-1 to fire him without cause.

The suit also names recalled board members Mark Robinson, Sylvia Ettefagh, Linda Bjorge, Lurine McGee, Jim Nelson and LeAnn Rinehart, and is seeking a return of the severance payment – and to declare that if Rea fails to return the payout, the recalled board members named in the suit are liable to the borough for the full amount paid to Rea.

An amended complaint filed earlier this month is also seeking the return of an iPad and cell phone the borough claims is hospital-owned property. Rea, through his attorney, has declined to return the iPad, stating it is for his “personal use,” and that the cell phone has been lost. The city contends that both items could contain evidence relevant to the board’s actions in firing him.

Another document, Motion and Memorandum For Order For Return of Laptop Computer and iPad to Borough For Forensic Examination, which was filed on Sept. 17, is asking for the return of both items.

The document states, “On June 27, 2012, the Borough Manager requested that (Olinda) White preserve the laptop in the WMC safe until it could be removed to the Borough safe for purposes of later forensic examination by a qualified computer forensic expert. Upon learning that Selle-Rea had kept his Blackberry phone and iPad, (Tim) Rooney requested White to obtain those items from Selle-Rea. White advised that Selle-Rea wanted to purchase those items (and) Rooney told White that the items would not be sold to Selle-Rea and she was to effect the return of those items immediately.”

According to the filing, at some point after June 27, White or someone at her direction sent the laptop to a security firm in Anchorage, Digital Securus, with no notice to the Borough. The document also states that White advised that Rea refused to return the iPad and cell phone.

When Borough Manager Tim Rooney learned that the laptop had been removed from Borough property, the Borough immediately contacted Digital Securus and learned that the firm had received a box sent from WMC with no prior communication or request for services. Attorneys for Digital Securus confirmed that they have not been requested to perform any forensic services and have not opened the box presumed to contain the laptop. The filing also states that attorneys for the firm have agreed that they would not open the box or send the box anywhere pending agreement by the parties or a court order.

The filing goes on to state that the city does not know whether Selle-Rea altered any of the contents on the laptop or iPad, or otherwise destroyed, erased or deleted information on the items. It is their contention that if he did, they would consider it to be spoliation of evidence and possibly destruction of public property.

“There is at least a high likelihood that Selle-Rea has altered the information on the iPad based on his attorney’s representation that Selle-Rea ‘discarded’ the cell phone that belonged to the Borough/WMC, and that he was using the iPad for ‘personal matters,’” the document states.

Within ten days after the Nov. 7 conference, all parties must submit a written report to the court outlining their plan related to presentation of evidence in the case.

 

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