Former Haddon Twp. Mayor Sues Township for $127K in Legal Bills

The commissioners held an executive session, closed-door meeting earlier this month to discuss the lawsuit. John Foley, one of three township commissioners, said this week the amount of the settlement offer is in the range of $70,000.

Park is suing the municipal government he once led for $127,026.65 in legal bills. He said they were incurred carrying out his official duties. Details of the dispute are torturously complicated.

The latest developments were spurred by a promise Park felt the current commissioners reneged on to pay him just over half of the amount he is currently seeking.

“The refusal of the township to reimburse the plaintiff … for attorney’s fees and legal expenses when the plaintiff had successfully defended the actions he took in the course of his duties, while reimbursing another commissioner under similar circumstance deprives the plaintiff of due process and equal protection,” the lawsuit claims.

Park’s suit claims current Mayor Randy Teague agreed to pay him $70,000 to settle the dispute in 2011. It says Teague and two other commissioners reneged on an agreement to pay him.

Teague did not respond to a request for comment. 

Foley said he and fellow commissioners, Teague and Paul Dougherty, extended a settlement offer to Park but have not heard from him or his attorney yet. Foley also said he knew of no prior written agreement with Park to pay his legal bills.

"There was never an agreement," Foley said. "If there was an agreement we wouldn't have this dispute now."

But Park's suit quotes Teague in a 2011 email saying: 

"The issue regarding your legal fees was the amount of reimbursement, not that you are entitled to reimbursement. It was also my understanding that our former solicitor and your attorney had negotiated a settlement, however, your attorney said he was leaving Ballard and we never heard from him again. Please provide us your documentation at your earliest convenience so we can finally resolve this issue. If the original settlement of $70,000 is still acceptable to you, I don't see any reason why we wouldn't be able to resolve this immediately."

Park's legal issue started on April 30, 2004, when fellow Commissioner Kathy Hogan sued him in federal court for allegedly violating her constitutional rights, particularly to free speech. Hogan and Commissioner James Broderick voted to not pay for Park's legal defense. The Board of Commissioners includes three members.

On June 13, 2004, Hogan was sued by three township employees who claimed she had violated their constitutional rights and retaliated against them. Broderick voted with Park to not cover Hogan's legal expenses in that lawsuit.

Both suits were eventually dismissed. Park and Hogan did not run for re-election in 2007. The current Board of Commissioners of Teague, Foley and Dougherty were elected then on a united slate.

Teague, Foley and Dougherty passed an ordinance in 2008 to indemnify appointees and officials while acting in the course of duties, unless there was fraud, malice or willful misconduct. Under the new measure, Hogan applied for and received reimbursement for her legal fees from the 2004 suit.

Foley this week could not immediately recall the amount of Hogan's reimbursement.

Once Park's lawsuit was finally dismissed in 2008, he applied to be reimbursed, as well. Park wanted $127,026.65. He said he and Teague eventually agreed on $70,000, the amount Park actually paid out of pocket.

Park's suit said that Teague asked him to delay payment because of budget considerations then and Park agreed. But a payment was never made and Park eventually resubmitted his request for $127,026.65 in repayment.