A former Madison County Highway Department employee seeks sanctions against the county and Chairman Kurt Prenzler, alleging they filed false pleadings in a wrongful termination suit.
Plaintiff Lance Feezel filed a motion for sanctions on July 19 through attorneys Keith Short of Alton and Katherine Smith of Alton. Feezel alleges Madison County and Prenzler filed false pleadings and their counsel failed to ensure the pleadings were accurate.
Feezel argues that Prenzler allegedly received an anonymous letter accusing the plaintiff of being a bully in the workplace on March 6, 2017. At the time, he had been employed with the highway department for 29 years.
After Feezel was terminated, he filed suit and Prenzler admitted in his answer to the complaint that he had received the letter. However, during Prenzler’s Nov. 6, 2020, deposition, he allegedly denied receiving an anonymous letter. The defendants then asked the court to allow them to amend their June 2018 answers to the complaint.
“Chairman Prenzler insisted that he had never been asked about or was in any way aware of the allegation that he had received an anonymous letter until such time as his deposition was taken.
“As a result of Chairman Prenzler’s inconsistent and surprising testimony, defendants’ counsel now admits that defendants’ answers to plaintiff’s complaint were false. At this late state, defendants and defendants’ counsel must be sanctioned for filing false pleadings,” the motion states.
Feezel also argues that Madison County, Prenzler and their attorneys violated Supreme Court Rule 137, which states that attorneys are required to investigate the answers to verify that they are true.
“Defendants’ attorney has no excuse for filing false pleadings such as a misunderstanding or miscommunication with her client,” the motion states.
“Defendants simply admit that their pleadings are untrue,” it continues.
Feezel argues that the defendants’ new position is “extremely prejudicial” and has caused “great harm and expense.”
“Plaintiff is prejudiced and unfairly surprised by this complete turn of events and defendants’ attempt to change the previously admitted facts which gave rise to plaintiff’s cause of action,” the motion states.
“Either defendants’ attorney failed to investigate the facts which gave rise to plaintiffs’ cause of action or defendants and their attorney have conspired to commit a fraud to the court by misrepresenting the facts under oath,” Feezel added.
Feezel also argues that the request to amend the answers is not timely, as the original answers were filed more than three years ago.
“Defendants should be sanctioned and ordered to pay, at a minimum, attorneys fees incurred by plaintiff in responding to defendants’ motion,” the motion states.
Feezel also asks the court to deny the defendants’ an opportunity to amend their answer, award both attorney’s fees and expenses incurred, unspecified sanctions against the defendants’ counsel and all other relief the court deems just.
Both Feezel and Prenzler previously sought sanctions against each other in 2019 for allegedly failing to comply with discovery.
Feezel filed his complaint on May 25, 2018, alleging he became employed by the Madison County Highway Department on Feb. 8, 1988, and was terminated on June 16, 2017.
During his career, Feezel claims he maintained exemplary job performance and was eventually promoted to Construction Engineer. Feezel was “responsible for overseeing Madison County’s road and bridge projects to ensure that the county’s resources were used efficiently, effectively and in a responsible manner in conformance with the county’s policies.”
Feezel worked under now-retired County Engineer Mark Gvillo and Assistant County Engineer Greg Schuette.
“Gvillo made it the primary part of plaintiff’s job to make sure that Highway Department employees were working hard, producing high-quality work that was on schedule and without excuses,” the suit states.
Gvillo also required Feezel to oversee new time-keeping procedures, including daily attendance logs for all construction and engineering employees.
The suit states that some coworkers were unwilling to follow the new procedures and rules, which caused disruptions and delayed project schedules. They also allegedly falsified reports and worked on non-county business during the work day.
“Since the Highway Department is charged with the safety of Madison County’s roads and bridges, their conduct compromised public safety, wasted tax dollars and violated the public’s trust in an honest government,” the suit states.
Feezel claims he was instructed to direct those coworkers to “get back to work” and to improve the quality of their work. He claims he communicated the messages in a professional and courteous manner.
On March 6, 2017, Prenzler allegedly received an anonymous letter claiming Feezel was bullying his coworkers. Prenzler allegedly asked former Deputy Administrator Steve Adler to investigate.
On March 13, 2017, Feezel alleges he was met at his vehicle by Gvillo and Schuette when he showed up for work. He claims he was told he was being relieved of his job responsibilities and was placed on administrative leave.
On March 27, 2017, Feezel claims he asked Prenzler if he could return to work after explaining the new rules and expectations he had been required to uphold.
However, on April 4, 2017, Prenzler allegedly asked Feezel to prepare a separation agreement “wherein the county would pay plaintiff money in exchange for his agreement to resign from his job.”
Feezel again requested to return to work on April 13, 2017, but also provided a separation agreement, the suit states.
Then on June 19, 2017, Feezel allegedly received a letter in the mail informing him that he was terminated from his employment on June 16, 2017.
On July 18, 2017, the County Board’s Personnel Committee met and allegedly found that Prenzler should not have terminated Feezel. The committee offered to reinstate the plaintiff and extended a written offer on Aug. 15, 2017.
Feezel allegedly accepted the offer and was asked to draft an agreement stating that he would return to work in his former position as Construction Engineer.
Following a meeting on Aug. 23, 2017, Prenzler and committee members allegedly discussed Feezel’s personnel matter with the media.
“That evening and in the days following, details about plaintiff's disciplinary matter and his termination appeared in multiple newspapers throughout the county,” the suit states.
Feezel alleges that he later learned that despite his agreement with the county, he was being demoted and disciplinary restrictions were being imposed. He was given two days to accept the new offer or forfeit his opportunity to return to work. When he did not accept the new offer, he was considered as having “abandoned his job,” the suit states.
Feezel claims his “professional reputation has been damaged and he has been stigmatized by the county’s actions.”
Prenzler and Madison County filed a consent motion to continue a case management conference on July 20 through attorney Christi Coleman of Sandberg Phoenix & von Gontard. Coleman wrote that the parties sought a continuance after they agreed to have Frank Neumer mediate their case. Mediation is scheduled for Aug. 23.
Circuit Judge Chris Threlkeld granted the motion on July 28, setting the case management conference for Nov. 19.
Threlkeld had previously ordered the parties to participate in mediation on July 14, requiring them to “act in good faith” and attempt to negotiate a settlement.
Madison County Circuit Court case number 18-L-696