Residents Dismiss Lawsuit Against University City

A lawsuit filed by five residents against University City alleging Sunshine Law violations in its hiring of City Manager Lehman Walker has been dismissed.

On Monday, Dec. 9th, plaintiffs - Paulette Carr, Mark and Tamara Donohoe, Steve McMahon and Tom Sullivan - filed a notice of dismissal without prejudice through their attorneys.

"The plaintiffs in the lawsuit withdrew the lawsuit without prejudice," wrote Carr in an email to University City Patch. "It can be resumed at a later date," she added. Carr said the suit was suspended while she focuses on campaigning for a City Council seat in Ward 2.

In addition to taking issue with the selection process for city manager, the suit also alleged other Sunshine Law violations including improperly closed meetings and failure to provide public records.

The suit asked that Walker's appointment to city manager be voided, and that civil penalties be assessed. The plaintiffs accused city officials of deceiving residents about the city manager selection process.

"The city manager’s job was never posted or advertised as planned, no questionnaires were ever distributed to citizens, no search firm was ever contracted with and no search was ever conducted," stated a press release by the plaintiffs. "The only candidate interviewed was Lehman Walker," it said.

Walker had "no comment" on the suit's dismissal. However, U City's public relations firm Avant Marketing Group sent out a press release on the matter.

"A lawsuit filed by five University City residents seeking to have the appointment of City Manager Lehman Walker voided was dismissed on Dec. 9, 2011," read the release.

For almost twelve years Walker worked as U City's director of Community Development, before he left .

Mayor Shelley Welsch defended the City's hiring of Walker.

"Under the Charter of the City of University City, the City Council has the full authority in the hiring of the City Manager.  Six members of this City Council voted to hire Mr. Walker as City Manager," she wrote in an email to University City Patch in March.

She noted that Walker had extensive experience in municipal government - "more experience than any previous City Manager had upon his/her hiring."

Carr told University City Patch that the lawsuit was intended to hold city officials accountable for their actions.

“Mayor Shelley Welsch and the city council had the responsibility to select the best person for the city manager’s job and do so in a lawful manner. They failed to meet those responsibilities."