Former Rogers Treasurer Hudlow Seeking More Damages From City

FAYETTEVILLE -- Jerry Hudlow, a former Rogers treasurer, told a federal judge Friday he'd prefer to have his old job back but that may not be possible.

"There would certainly be some problems," Hudlow said. "I can't trust the mayor, for one."

Mayor Greg Hines fired Hudlow on May 12, 2012. A federal jury awarded Hudlow $300,000 in November in his wrongful termination lawsuit.

In a post-trial motion, Hudlow's attorney, Steven Wood, argued reinstatement is an available remedy to make Hudlow "whole." Wood argued, if reinstatement is not possible, Hudlow should be paid the difference between what he makes now and what he would have made had he remained treasurer in Rogers.

Hudlow maintains he makes about $40,000 a year less at a job in Lowell than he made working for Rogers. He also maintains his retirement benefits were harmed.

U.S. District Judge Jimm Hendren said he will review the financial calculations and issue a written opinion at a later date.

Hudlow claimed he was wrongfully terminated because Hines and city officials didn't follow state law, which requires due process regarding termination of appointed employees. A city ordinance states the treasurer can only be removed by a two-thirds vote of the council. A whistleblower claim was rejected.

Hudlow further claimed statements made by Hines and Ben Lipscomb, city attorney, injured his reputation and impeded his ability to find employment.

Hendren ruled before the trial the city violated Hudlow's right to due process when he was fired. The jury had to decide how much to award in damages. The jury also found Hudlow suffered emotional distress and damage to his reputation.

The jury awarded Hudlow $107,918 for lost wages and benefits; $55,000 for emotional distress; and $150,000 for damage to his reputation. Hudlow asked for more than $800,000 in damages.

Hudlow was hired by then-Mayor Steve Womack in 2002. Hines, a councilman at the time, was the only member of the council to vote against Hudlow's appointment.

NW News on 04/19/2014

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