Buss puts city on notice of breach of contract, demands more than $5 million

A Phoenix law firm acting on behalf of former city manager Rick Buss notified the city of Maricopa, Mayor Kelly Anderson and City Manager Kevin Evans on Monday that it is seeking $5,775,797.59 in damages based on allegations of breach of contract.

An 11-page fax the city received from W. Blake Simms of the Law Office of James Burr Shields on Monday states that Buss left the city with a severance package in late summer 2007 which included a mutual agreement that neither party could disparage the other.

The separation package ended in February.

Near the time of his resignation, which his notice of claim states was based on mounting personal and professional pressure, the city is accused of telling a newspaper reporter that an internal city investigation into his conduct had been forwarded to the Arizona Department of Public Safety because of “the possible magnitude of the investigation.”

The claim further states that the resulting news story in the Maricopa Tribune was “the first Mr. Buss had ever heard of any possible investigation into his conduct.”

In addition, following the appearance of the city’s remarks in the newspaper story, Buss said in his claim that he has not been able to find work.

“Mr. Buss, after he left the city’s employ, applied for a position with the town of Queen Creek,” the report states. “The hiring authority from Queen Creek indicated that the only reason it could not hire him is because of the reference to the investigation in the Tribune article.”

“This is obviously not something that I had any desire to pursue, but as the claim states, I was really left with no choice,” Buss said in a prepared statement. “I hope you can understand that on the advice of counsel, I cannot comment further on this issue at this time.”

As of late Tuesday, City Clerk Vanessa Bueras said the city of Maricopa has not received legal service of notice. With such being the case, City Spokeswoman Jennifer Grentz said it was premature to provide an official response.

The plaintiff’s counsel noted that the status of legal service is about to change.

“It is out for service, in fact, and it will be served,” Blake said.

File photo