W. Warwick asks dismissal of parts of fired manager's suit
1:30 PM Wed, Apr 01, 2009 | Permalink
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WEST WARWICK, R.I. -- The Town Council is seeking dismissal of 2 of the 13 counts in a lawsuit filed last year by fired Town Manager Wolfgang Bauer. The town's lawyer, William E. O'Gara, filed the motion March 25 in U.S. District Court, where the case was moved last June. The motion asks Judge Mary M. Lisi to deny a portion of Bauer's suit, asserting that it has no merit. In counts three and eight of the original complaint filed last April, Bauer alleges that the town violated the Open Meeting Act, denied his due process and breached its employment contract with him when he was terminated in December 2007. The termination prevents Bauer from receiving severance benefits, which he alleges violates federal age discrimination law. He was 64 when he was fired. The town fired Bauer after nine years as town manager, and officials said it was because he mismanaged the Riverwalk Project, which exceeded the $3.2 million budgeted account by roughly $800,000. Under an employment contract with Bauer, the town maintains it would not be obligated to pay severance benefits if Bauer was fired due to misconduct. 
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