SUFFOLK
Former Assessor Maria Kattmann sued the city Thursday, alleging that the City Council fired her in retaliation for exposing the city's mishandling of employee compensation and retirement benefits.
The lawsuit alleges that the council fired Kattmann by a 7-0 vote "after fabricating reasons which were pretextual and a sham" to support the move.
City Attorney Ed Roettger, who according to Kattmann and her attorney supported one of her claims months ago in an e-mail to the city manager, said he could not comment on the lawsuit.
In an interview Thursday, Kattmann also challenged the stance by council members that they were caught off-guard by the large increases in assessments this year on waterfront properties. Those increases contributed to an unusually high number of complaints.
Kattmann said Mayor Linda Johnson had called her into the city manager's office about a year ago after Johnson received a complaint from a resident. The resident was concerned that lakefront properties were assessed higher than riverfront homes.
Kattmann said the mayor acknowledged then that she needed to focus on all waterfront properties in her next assessment. She said she told the mayor that this could result in large jumps in assessments for some.
"She did not warn me against proceeding," Kattmann said. "It was not a surprise for her."
"Obviously these are allegations that she's putting out there, and we'll respond to the proper place," Johnson said.
Councilman Charles Parr said he would not comment until he has seen the lawsuit.
Kattmann claims that her firing was partly in response to the complaints from property owners - and was therefore a retaliatory action that violated public policy.
Shortly after the vote to fire her last week, Councilman Charles Brown said the outcry over this year's assessments was not the driving force behind his vote. He said he considered her "overall performance" but would not go into details.
Much of the rest of the lawsuit centers on compensation Kattmann claims she was entitled to but was excluded from.
Kattmann said she discovered in October that a 401(a) matching retirement plan existed, but it was never offered to her.
A copy of the retirement plan, which began in 2001, says the benefit is open to deputy city managers, assistant city managers and "department directors" who have held the positions for at least two years.
Kattmann, who became assessor in 1996, holds one of four city positions appointed by the council. She believed the 401(a) plan should apply to her as well and began inquiring about it.
On Nov. 6, the city attorney e-mailed then-City Manager Jim Vacalis, current City Manager Selena Cuffee-Glenn and Kattmann about her contention regarding the benefit.
"Council appointees are 'department directors' and should have been offered the opportunity to participate from the beginning," Roettger, the city attorney, wrote, according to a copy of the e-mail that Kattmann's attorney, Lisa Bertini, read aloud Thursday.
Roettger, reached Thursday, said he could not comment on the e-mail or the retirement plan, citing the pending litigation. His position is also one appointed by the council.
Kattmann said she knew of at least one non-appointed department leader who was unaware of the retirement benefit until she started asking about it: Communications Director Dennis Craff.
Craff, who took his position in late 2003, said Thursday that he has been enrolled in the plan since the beginning of this year.
He said he couldn't recall when he learned about it.
Kattmann said she was also left out of recent compensation plans that increased the pay of city employees.
The 1996 memorandum of understanding for her position, a copy of which Kattmann provided, states: "The City Assessor position will be included in the City's compensation plan, and any future increases in compensation will be based on the performance evaluation of the Assessor by the Council."
Kattmann said she made repeated inquiries and requests to resolve her complaints, including to Mayor Johnson. She said the response she got was that it should be left to budget discussions.
Kattmann said she had been aware of her exclusion from the city's compensation plan for years, and in 2002 she wrote the council a letter about it. She said she never received a response, and being a council appointee, she preferred not to push the issue. Between December and late March, she filed four requests to the city under the Freedom of Information Act for records about compensation and the 401(a) plan.
Her lawsuit seeks about $113,000, plus $34,000 in a severance payment and an additional undetermined amount of other damages.
Kattmann, who had worked in the assessor's office for nearly 22 years, said she felt no friction with council members for much of her time with the city.
In April the council questioned her at length twice in public meetings about her assessment methods, and once in a closed emergency meeting.
Dave Forster, (757) 222-5563, dave.forster@pilotonline.com
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No I think she is saying to one of the council that they have a pimple right there
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In the above picture . . I wonder if she is thinkg "I really should have a different finger on my chin"
"Right to work"
In a "Right to Work" State, a person may not be compelled, by a union or employer, to join a union, or pay union dues, as a condition of employment, whether before, or after being hired - it's based on the "Taft-Hartley Act."
It does not prohibit the employer from firing an employee for cause.
Executive Staff 401a Plan
This is the real story.
Was a vote required of council to establish this plan? Who voted for the plan? Who designed and implemented the plan? Who administers the plan? Who are the trustees of the plan? Who participates in and benefits from the plan? How much does this compensation plan cost the taxpayers of Suffolk? Where in the city budget is the plan accounted for? These are public tax dollars we're talking about here. Where is the audit trail?
The plan has been in existence since 2001 and seems to be available only to employees whom the mayor, city manager, and city attorney hand pick. The perception is that politicians are directing taxpayer funds to benefit those city employees who can deliver favors to city counsel members. Kattmann didn't lower her assessments because she knew they were accurate. Counsel cuts her out of the compensation plan then fires her.
Virginia is a right to work state?
What are you talking about. do you know what that means. Are you a lawyer? Employers in Virginia don't need a reason to fire you, as long as no discrimination laws were broken. At least that is what we were taught in law school. A right to work state? Please elaborate.
Assessment
Her job should be to determine the value of the property. It should be unbiased and based on nearby sales and similar properties, etc. People will always complain, but if the value of the property is determined to be X dollars, then that is what the tax should be based on. The homeowner can dispute and have factual errors corrected to adjust the assessment. this could all be eliminated if we fought back and demanded the property tax to be eliminated. You are only renting your land from the government. Eliminating the tax allows you to live on your land with no burden once you retire, or have the property paid for outright.
The folkes running Suffolk, needed an out, so they blamed her for the tax increase. It is a lot easier to pay her some hush money than it is to trim the fat and/or reduce the tax rate. Suffolk, like most governments, is full of people who would have a very hard time holding a job in a private compnay.
You go Maria
Make those Council members pay damages out of their own private pockets. As long as it is taxpayers money, they will keep breaking the law. Hit them where it hurts for a change.
She had a contract
Yes Virginia is a right to work State but she had/has a contract.Things are spilled out in black and white..and yes it is a city contract sometimes it is very hard or easy to get or be terminated in the contracts..and most times you need to go through a process ie 1 strike two strikes we will just have to wait and see bet they settle out of court with the city paying a good sum just to make her go away :) wish I had a contract
fairlane_68
Bet you are one of them "Whiners" that lives near the H2O or a City Council member thats afraid to use your name!
Is Parr the casue of this rout?
Charles Parr lives on a "Lake" in Suffolk once called "Chinaman's Chance." I bet you Mr. Parr is the root of the issue. He married into that deal; his wife's parents left her that house. Since they did not buy it and its probably paid for.. "why do we need to pay taxes...?" Probably sending their kids to private school as well. The self-serving councilman needs to resign today!!
Now you cry cause it's your turn
Everyone here in this part of Virginia has been screaming about the higher tax assessments. People in Ocean View have had their assessments double and TRIPLE (even quadrupled) over the last 5 years. Nothing special done to improve their property, it's just the location and the McMansions that have been being built around them. And these are people who have been living there for years and planned on STAYING in their homes permanently. These were not people who wanted to make a fast buck flipping houses. Now many of these people can't afford the tax increases and our city council likes to pretend that there is tax relief available. Yeah. Only to a certain number of 'qualified' applicants. All of us are scrapping the bottom of our pockets to pay property tax, vehicle tax, gas prices, and just trying to make it. Our income sure didn't double or triple in the last five years. So now you have the real estate bubble bust, developments have been canceled or slowed down, but our assessments haven't gone back to reality. Suffolk is now just catching up. Perhaps the lakefront and riverfront properties haven't been assessed at the same rate as the other properties in Suffolk have
"Surprising Suffolk"
"Suffolk Surprising", the saga continues and these articles are reading better than the CSI episode last night on TV.
Ms. Kattmann has filed suit against the Suffolk City Council about her 1996 compensation package. Ms. Kattmann has a slight problem with her 1996 copy of the compensation package. The former City Manager, Assistant City Manager, and Finance Director whom authored the plan have long since been "Fired!"
The City Attorney is well versed in "No Comment!" Mr. Craff, Director of Communications is not going to help her, since he is leaving the City in June.
The only person who could add credibility to the 1996 copy of the Compensation Plan is the Director of Human Resources. It's time to bring the Director of Human Resources in to explain the Compensation Plan.
Remember City Managers along with their assistances and department directors serve at the pleasure of the City Council.
THE PLOT THICKENS! Can't wait for the next episode of "Surprising Suffolk!"
council is embarrassing
Suffolk City Council is a tragic embarrassment. I hope Kattman breaks their bank and makes them sorry.
Special treatment for some -
Why is there a special retirement plan for deputy city managers, assistant city managers and "department directors"?? They are all city employees!! This is supposed to be a city government, not a corporation with special retirement benefits for the board members. This is ridiculous! Talk about government by the people, for the people. NOT!
A BLAST FROM THE PAST
To coin an expression from the 70's, "Sock It To Em" Maria.
This case will never get to
This case will never get to trial. The city will settle with a huge amount of money to her and claim no wrong doing. You just watch!
Won't happen
Since Virginia is a right to work for less state, you can be terminated for any reason. If she is smart, she will try to get the trial moved to Portsmouth and the welfare crowd will award her millions of dollars like they do in railroad lawsuits.
You can't win with Home Moaners
You can't win with so called Home Owners. They want no taxes, but I bet when they go to sell their stapled together, tyvek wrapped pressboard box they will demand top dollar. When realistic offers come in, the snotty soulless snoots snort and cry that they are insulted. Saw some nice new graphs regarding foreclosures today. Let's just make sure that there are no gov't bailouts for wanna-be trumps that overpaid for their pressboard boxes and can't unload them. And if you're trapped... Girl don't walk away mad, girl just walk away. Don't flush concrete down the toilets or strip the copper, because you're malinvestment today is affordable housing for young people tomorrow once prices are off 60%+.
Another Reason for getting fired!
She is a highly educated women of the wrong color! As an example, the city manager of Norfolk would be long gone if she was a different color.
Gee thanks...
Take more Suffolk taxpayer dollars! You inflate the home values, and then claim that the city had an agenda against you. Seems to me like you were trying to get fired just so you could sue. All at taxpayer expense! GET LOST!
Maria ....
go for the dollars and some Council Members resignations...........!
"Surprising Suffolk!"
The saga continues in the City of Suffolk. Following the articles on the City of Suffolk government are more interesting then watching the afternoon Soaps on local television.
"Will Ms. Kattmann win the lawsuit filed against the City Council? Will the City Council stand by their decision to fire Ms. Kattmann?"
As this article reads, "There is more to come tomorrow!"
Good Luck
They need to be sued and I hope that she is successful with her suit. Don't settle Maria, and don't let them silence you. Your story needs to be told and the citizens of Suffolk need to hear it.
110K???
$110,000??...thats chump change. She needs to get serious and go for the gusto....