Jack McLean, former Quincy city manager, is suing his former employer for his severance pay, his leave-time pay and his retirement pay. McLean’s case documents allege the city is unlawfully withholding all three sums, including the retirement, which the former manager’s case contends he paid into during his tenure with the city.
The same series of files say the exact dollar amount McLean is seeking from the retirement plan will be determined during the possible trial — but, according to the documents provided by the former manager, this amount should not total less than $63,057.09.
Interim Quincy City Manager Mike Wade confirmed the pending litigation from McLean — but Wade did not comment on the issue, citing the city’s policy of not issuing statements concerning pending legal action.
A disagreement concerning McLean’s severance seems to stem, at least in part, from a disagreement over which party drafts and signs the legal release.
At the regular city meeting May 27, Commissioner Andy Gay said he didn’t think McLean had the luxury of drafting a release for the city to sign. Instead, the city issued its own release for McLean to sign, which he refused.
Currently, each party has delivered a release to the opposing party — but neither party is willing to sign.
According to McLean’s case documents, “The release, executed and delivered by the Plaintiff, meets the terms of the employment agreement. The city’s General Release And Waiver of Rights, which the City insists that the Plaintiff and the City execute as a precondition to the payment of severance pay, sets forth new and additional terms, contains a waiver of existing and future rights, and including matters not consistent with law.”
McLean listed three defendants in his suit: the city of Quincy, the city’s Retirement Savings Plan and Interim City Manager Mike Wade
“Trustee/Administrator Wade has steadfastly refused to sign the form and/or to authorize that the form be sent to the American Funds to affect a direct rollover of McLean’s funds to T. Rowe Price Rollover IRA, as stated in the form, ‘immediately upon receipt,’” reads item 22 in the former city manager’s suit against the city.
McLean’s case continues in item 23: “… on May 13, 2014, Plaintiff returned a call from the City’s labor and employment lawyer. The labor counsel said he would advise the City to rollover his pension funds.”
Item 24 then reads, “Nearly two months after the March 26, 2014, direct rollover request, Plaintiff on May 12, 2014, contacted the HR Director, asking if his rollover request had been processed. The HR Director advised the direct rollover request had not been processed, because Trustee/Administrator Mike Wade told her not to process the request until plaintiff signed the General Release and Waiver of Rights Agreement.”
According to McLean’s documents, the former city manager has requested a jury trial.