Ex-administrator took a $1 million settlement. Can he still sue Richland County?
In exchange for about $1 million, Richland County's now-former administrator Gerald Seals agreed not to sue the county or County Council members for defamation or anything related to his employment or termination.
The details of the Seals settlement, signed last month, were made public Thursday when the county provided a copy of the settlement pursuant to a Freedom of Information Act request by The State newspaper.
Since the agreement was approved May 14, some have questioned why the county paid Seals an additional $800,000 on top of the payout allowed by his employment contract, which totaled only $184,000 plus six months' health insurance. One Richland County resident, William Coggins, has sued the county over the settlement.
Seals was fired — sort of — by a 6-5 majority of council on April 3. But Seals fired back, saying the firing was illegal and that, by state law, he was entitled to written notice of the reasons for his removal and the opportunity to speak at a public hearing.
Council members later cited several reasons for firing Seals, including sleeping on the job, high staff turnover and taking actions without council approval.
Seals disputed those claims and argued that some council members were retaliating against him for ethical concerns he had raised.
Seals' employment contract allowed council to fire him at any time for any or no reason. If he were fired without cause, Seals was due a year's salary and six months' benefits.
But the settlement indicates that Seals might have sued the county for more, on the grounds of defamation, at least.
The settlement acknowledges that Seals believed "he has been defamed by Council's proposed termination and by publications of the reasons for the proposed termination" and that he believed his reputation and ability to be employed in the future had been damaged by council's attempt to fire him.
Multiple council members told The State they supported the $1 million settlement to protect the county and individual council members from potential lawsuits that could be brought by Seals.
Coggins, who is suing the county and Seals over the settlement, has argued that it was improper for council members to vote on anything to protect themselves individually from being sued.
It is not known whether Seals would have been successful in any legal claims — and whether that process would have cost the county more or less than the amount of the settlement.
The settlement also says that County Council accepts Seals' resignation rather than firing him. It does not bar Seals from working again for Richland County.
This story was originally published June 28, 2018 at 1:34 PM.