A terminated Tontitown employee wants his job back, and a letter from his attorney said a lawsuit is possible.

Ken Bailey, the former public works director, said he was fired because he criticized a resident for interfering in the operation of the city government, according to a letter to J.R. Carroll, city attorney, from attorney Stephen Wood.

In an email dated Dec. 9 sent by Bailey to members of the City Council, Bailey stated Mick Wagner, the Planning Commission chairman, had access to city computer files, and discussed job duties with a city employee. The email ended by saying: “The Mayor came to my office Thursday and told me to stop sending emails to the Council concerning Mick but I don’t think that is proper. If you want to hear from me, let me know.”

Wagner did not respond to phone calls or an email requesting comment.

In a Dec. 9 email to Tontitown officials, Wagner denied he interfered in city government, and said he only had temporary access to city files when he was asked to help with the 2014 budget. Email from Kris Arthur, police chief, and Alicia Collins, city recorder/treasurer, also stated Wagner helped when he was asked and only had temporary passwords.

Bailey was fired Dec. 17 by Mayor Jack Beckford. The City Council heard Bailey’s appeal on Dec. 18 and upheld Beckford’s decision.

Wood wrote that he understood Bailey was fired because he sent an email saying an individual was interfering with city government after Beckford instructed Bailey not to do so.

Wood’s letter did not mention Wagner by name. It said the individual “continued to act as a de facto autocrat.”

De facto refers to a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate, according to the Free Dictionary, an online publication. An autocrat is a person ruling with unlimited authority, according to the publication.

The letter acknowledged Bailey appealed his termination to the council which refused to overturn the dismissal after Beckford threatened to quit if members did so.

Beckford said Monday he did not threaten to quit. He said he had no other comment until he talked to his attorney.

Wood wrote that he believes Bailey’s First Amendment rights were violated. The First Amendment addresses the right to freedom of speech and religion.

“‘Chain of command’ cannot act as a shield of cronyism in government,” according to the letter.

The letter suggested Bailey be given his job back, or Tontitown officials consider mediation to avoid a lawsuit.

The letter gives Tontitown a deadline of Jan. 15. Wood did not respond to phone calls Monday.

Sunny Hinshaw, alderwoman, said she could not discuss matters that could come under ligation.