Terms of the settlement were not made available, as of Thursday
A settlement has been reached between Clay Township officials and the former fire chief who filed a wrongful termination suit earlier this year.
Daryl DuPage claimed he had been terminated by the township board for unveiling alleged fraudulent activities involving a federal grant and unpaid overtime to firefighters in a suit filed in St. Clair County Circuit Court Feb. 24.
A response on behalf of the township, Supervisor Artie Bryson, Clerk Cindy Valentine, and Trustees Sandee Kuhfeldt, Chris O’Regan, and Joanne Shirkey was filed May 15, asking the court to dismiss it.
Both DuPage and his attorney Heidi Sharp said they weren’t able to comment on the settlement, though DuPage said he was grateful for all the support from local residents.
Bryson released a statement Thursday morning on behalf of the township.
“The township and former fire chief Daryl DuPage recently resolved Mr. DuPage’s lawsuit against the township and several township officials,” it said. “The township is glad the matter has been resolved, and not only thanks Mr. DuPage for his service, but wishes him well in his future endeavors.”
The Times Herald, through a Freedom of Information Act request, asked for a copy of the settlement, but the township asked for a 10-day extension, putting its due date at Oct. 25.
On Thursday afternoon, Bryson said he was going to work to accommodate the request much sooner, but that it was difficult to discuss the terms of the settlement beforehand. However, he did say, “Out-of-pocket costs from the township is $30,000, and that’s less than our original offer to him.”
The initial complaint asked for the circuit court threshold of more than $25,000, although Sharp previously said they were seeking a separate amount.
DuPage was asked to resign in December 2016, and the township board voted to fire him in January. The matter sparked contention among some township residents two months after the then-chief’s contract had been renewed with annual pay raises.
The original complaint accused township officials of mishandling or ignoring the reporting of information about ferry fees in 2015 to a federal grant agency, which had aided with funding to hire seven full-time firefighters and reimbursed certain costs to the township. It also accused the township of neglecting to pay some overtime to firefighters after discussions related to the issue in 2016.
It additionally noted DuPage was fired after airing concerns regarding those issues.
The five officials named as defendants in the original complaint were also the five to vote for DuPage’s termination in early 2017.
The township’s defense responded in May, denying the allegation over how the clerk calculated ferry rates, and stated the clerk and supervisor recalled discussing overtime.
Check back for more updates.
