PORTSMOUTH — A judge on Wednesday dismissed most of the counts in the lawsuit former City Manager Angel Jones brought against the city of Portsmouth following her termination last year.
However, Jones’s attorneys — former Portsmouth councilman and state lawmaker Stephen Heretick and Mike Joynes — said it’s not over yet, telling The Virginian-Pilot they’ll be filing a similar suit against the four council members named in the suit who voted to terminate her. They said they have until spring of next year to file but plan to do so sooner.
“They could have sat down and settled with us,” Joynes told The Pilot. “They could have sat down and had discussions, which we’ve had a couple, but nothing meaningful. And they’d rather spend the money, I guess, trying to say that the city’s not responsible. And have us go after the individual council members.”
Much of the discussion during a hearing Wednesday in Portsmouth Circuit Court centered on whether sovereign immunity excluded the city from being liable for Jones’ claims, which included wrongful termination, breach of contract, fraud in the inducement and emotional distress. Attorneys and retired Judge Randall Smith — appointed to the case in November — are calling it an “unusual” case.
The city’s counsel, which included attorneys Barrett Luxhoj and Deborah Collins, argued that the claims should be made against the individuals rather than the city. But Jones’ attorneys argued the members were acting in their official City Council capacity as representatives of the city and that her employment contract was with the city, not the individual council members.
Attempts to reach the city’s counsel for comment were unsuccessful Wednesday. The Portsmouth City Attorney’s office managed the case but retained outside counsel to avoid a conflict of interest.
Jones filed a lawsuit against the city in October levied with explosive corruption allegations against several sitting and former City Council members who voted to abruptly fire her almost a year ago — including De’Andre Barnes, Paul Battle, Chris Woodard Jr. and Mark Whitaker. Her lawsuit claims several received bribes in connection with job openings or city projects that would require a council vote.
Jones asserted in her lawsuit — and her attorneys argued Wednesday — that she was wrongfully terminated because she refused to participate in the illegal activities and that because she wasn’t given notice, her contract was breached. They argued a breach of contract arose because council members stated why they fired Jones after she was already terminated.
The breach of contract argument was the only claim the judge allowed to proceed after hearing arguments on the city’s plea and demurrer. He will allow Joynes and Heretick to file a bill of particulars to further clarify the breach of contract allegations, particularly with whether Jones received enough notice for termination and what damages she can recover under such a claim. They told Smith they plan to file that within 30 days.
Among Jones’ other claims is that Barnes, Battle and Woodard received bribes from a former councilman to hire him for the then-vacant city manager position. Jones also alleges Barnes accepted a bribe worth tens of thousands from a Portsmouth resident and attempted to bribe Rivers Casino leaders for a “donation” to his youth sports league.
Jones alleges Whitaker was separately involved in a plan to plant someone in the city attorney post so that person could settle a lawsuit Whitaker has against the city, with some of the proceeds shared with Barnes and Woodard.
Barnes and Woodard have previously denied the claims. Whitaker previously declined to comment, and attempts to reach Battle have been unsuccessful.
In her suit, Jones asks for $5.35 million in damages. But she also offered a second option in the lawsuit, requesting two years’ worth of her salary and benefits and that the City Council members she alleged committed illegal acts resign immediately and never seek public office again.
Jones was hired at a $200,000 annual salary. She was on the job for a year when terminated. Attorneys stated Wednesday that Jones has since received the severance outlined in her employment contract.
Natalie Anderson, 757-732-1133, natalie.anderson@virginiamedia.com
