County moves to stay Bennett lawsuit

Lawyers representing Martin County filed a Motion to Stay the lawsuit filed against the county by former County Manager U. James Bennett.

Bennett filed the suit in May, claiming he earned and was owed approximately $20,000 after resigning in 2023. Originally, Bennett reached out to county officials in March, requesting the compensation. At that time the county did not respond positively to Bennett’s demands, apparently prompting his suit.

Attorney Jennifer Milak of Teague, Campbell, Dennis and Gorham filed the motion on behalf of the county, citing parallel proceedings. Milak referenced the suit brought by the citizens against Commissioners Emily Biggs, Ronnie Smith and Dempsey Bond claiming violations of the state’s open meeting laws.

“In Lawrence Jr. et al V Martin County, Plaintiffs in that matter are seeking the court’s determination whether Martin County had a valid legal employment contract with the Plaintiff and whether his wages and raises were legally determined which are the same issues to be decided in this matter,” wrote Milak. “Accordingly, to promote judicial economy and to avoid the possibility of inconsistent court determinations and verdicts, it would be improper for this matter to proceed.”

Milak went on to urge the court to consider the extent of the overlap between the two cases and the status of the Lawrence case, which currently is ongoing.

Last week in that case, Judge Jerry R. Tillett heard a motion to dismiss the case against the commissioners, filed by the commissioner’s attorney Brian Castro. Tiller ruled against Castro on Monday and dismissed the motion with prejudice, along with the motion for summary judgement.

Currently, the commission is under investigation by the SBI and District Attorney Seth Edwards’ office. According to Edwards, in a statement released last week, the investigation is ongoing.

Bennett resigned his position in September 2023 following a contentious Martin County Commissioners meeting where former Chair Ronnie Smith and Bennett came under fire when it was discovered Smith apparently approved undocumented raises for Bennett. During that meeting, Commissioner Joe Ayers made a motion to terminate Bennett after Smith, Biggs and Bond could not explain Bennett’s salary increases.

During the county’s most recent audit report presented by Madonna Stafford, a partner in the independent certified public accounting firm of Carr, Riggs, and Ingram, the county had $382,440 in undocumented raises during that fiscal year.

The investigations by the SBI and District Attorney Seth Edward’s office are focused on Bennett’s beginning salary in 2021 of $127,000 and in 2023 had increased 32 percent to $186,179.

According to Bennett’s contract, obtained from the Martin County Finance Office, the former Manager’s request may deal with “accrued vacation and sick leave.”

The contract reads, “In the event the Agreement is not renewed, all compensation, benefits and requirements of the Agreement shall remain in effect until the expiration of the term of the Agreement unless Employee voluntarily resigns. In the event that the Employee is terminated the Employee shall be entitled to all compensation including salary, accrued vacation and sick leave, car allowance paid in lump sum plus continuation of all benefits for the remainder of the term of this agreement.”

The commissioners could not be reached for comment.