Former Lee County manager Ron Rabun files lawsuit

LEESBURG — Former Lee County Manager Ron Rabun, whose contract was terminated by the Lee County Commission on Nov. 17, has filed a breach of contract lawsuit in Lee County Superior Court.

In the suit, filed March 15, Rabun calls the action taken by the commission “arbitrary and capricious and not based on any rational or justifiable basis.” Rabun also contends in the suit that his termination was “based on personal and political reasons.”

Lee County Commission Chairman Rich Muggridge was at the commission offices Wednesday morning to discuss the suit with the law firm that represents the county on insurance matters.

“I don’t know that we’re supposed to talk about a pending court matter, but I can say that the commission intends to present a vigorous defense,” Muggridge said. “No one’s really discussed (the possibility of a lawsuit) prior to this, but I don’t think anyone’s surprised.”

Attorneys Ed Novotny and Michael Caldwell with the Atlanta-based DeLong, Caldwell, Bridgers, Fitzpatrick and Benjamin LLC firm filed the suit on behalf of Rabun, who was hired by the Lee County Commission on Sept. 30, 2013. Both were out of their law office Wednesday and had not returned calls seeking comment by The Herald.

The crux of the lawsuit, in which Rabun is seeking attorneys fees, an unpaid severance package equal to six months of pay, general and punitive damages, plus interest, is whether the former Lee County manager was denied due process under the Georgia Constitution when he was fired by the board “for cause.”

Rabun contends in his suit that the County Commission had offered no specific reasons for terminating his contract and said he had not engaged in gross abuses of established Lee County rules or ordinances, had not failed to carry out his duties and had not breached the provisions of the contract. Such criteria are listed in Rabun’s contract as causes for termination.

The former county manager also said the commission gave him no advance notice of its plans to terminate his contract, nor did the board give him an opportunity to respond to any charges.

Contacted Wednesday by The Herald, commissioners Greg Frich, who was in Indianapolis on business, and Dennis Roland said they had been instructed not to comment on the pending litigation.

“I really don’t know anything about (Rabun’s suit) except what I’ve read about it,” Roland said. “I wasn’t surprised, though.”

Muggridge said the county was prepared to defend the commission’s action.

“Mr. Rabun’s contract said that if he were fired without cause, he was entitled to six months severance pay,” the commission chairman said. “If he was fired with cause, he was entitled to no compensation. Our contention is that he was fired with cause. And that’s about all I need to say about the matter right now.”