Gunter threatens suit over Rita pay
By JIMMY GALVAN

Former Jasper Fire Marshal James Gunter is contemplating filing a lawsuit against the city of Jasper for overtime money due him during Hurricane Rita.

Gunter's attorney, Dan Ducote Jr. of Beaumont, said that a letter was sent to the city officials Jan. 12 stating "overtime wages were never paid and a breach of contract claim is hereby being asserted for full payment of those unpaid wages plus interest and attorney's fees."

Ducote said a lawsuit has not been filed as of yet and an "amicable resolution" could be worked out before filing a lawsuit.

"(Gunter) is looking to be compensated for the time that he volunteered and relied on the representations that were made to him. It's an unfortunate situation when someone doesn't follow through with what they say they are going to do," Ducote said. "If the city is going to promise to pay overtime, then pay it."

Jasper City Manager Alan Grindstaff said the city has "no comment on any pending litigation."

Ducote pointed to a memorandum by Denise Kelley, which was sent to Kenroy Janzen, Federal Emergency Management Agency's officer, concerning the overtime payments through a project worksheet.

In the memorandum, Kelley informs Janzen "Mayor David Barber in a meeting with city supervisors advised them to keep up with their hours worked before, during and following Hurricane Rita.

"He advised them that they were now hourly employees working for the city of Jasper until the utilities for the city were restored. The basic electric utilities were somewhat restored by Oct. 11, 2005. I am requesting that FEMA process the overtime hours worked by s u p e r v i s o r s / h o u r l y employees. These employees would not have been keeping up with their hours had Mayor Barber not said what he said," states the memo.

The exempt employees addressed were Jasper Police Chief Todd Hunter, Capt. Buddy Rector, Gunter, city inspector Kenneth Duckworth, sanitation supervisor Jerry Young, purchasing agent/construction supervisor Steve Floyd, electrical director Lee Wellman, city secretary Tommy Boykin, interim city manager/finance director Denise Kelley and customer service supervisor Gwen Samuel.

Ducote believes all these employees have a rightful claim against the city on this issue.

Grindstaff said the overtime pay was turned in to FEMA through a project worksheet but was turned down by the federal government and not paid.

In rejecting the project worksheet, FEMA noted that the city has an existing policy that states "exempt employees" are not eligible for overtime compensation. A letter was presented to FEMA that Barber, during the event, stated that the exempt employees should keep track of their respective hours before, during and after the hurricane. FEMAdid not recognize the letter.