Judge rules Avery suffered no damages from contract irregularity

A judge ruled Thursday that the former Flathead County administrator suffered no damages from an irregularity in his contract.

District Judge Stewart Stadler dismissed the suit filed by Don Avery against two county commissioners, a deputy county attorney and a county secretary.

Avery alleged breach of contract, fraud, constructive fraud, negligent misrepresentation, and breach of the covenant of good faith and fair dealing.

He was notified in December 2003 that his two-year contract would not be renewed. The contract required notification 60 days before the existing contract expired.

Avery said the commissioners missed that 60-day deadline by a few days.

In his suit, he said the county altered its copy of his contract to comply with the deadline. The county acknowledged that Avery's contract was changed after Avery was hired.

His contract originally ran from Feb. 4, 2002 to Feb. 3, 2004. Bad weather delayed his move to the Flathead and he didn't actually begin work until Feb. 11, 2002.

The start day of the contract was changed with correction fluid to reflect the Feb. 11 date.

At some point, the end date of his contract also was changed to Feb. 11, but only on the county's copy. Avery said he didn't know of or approve the change. Arguing that the true date of the end of his contract remained Feb. 3, Avery said the county didn't give him the required 60 days' notice, so his contract was automatically renewed.

He asked for compensatory and punitive damages and attorney fees.

Stadler heard arguments in the case before issuing a summary judgment Thursday.

He ruled that there was no provision in the contract that it would automatically renew if the 60-day deadline came and went without action by commissioners.

"Further, there is no evidence that [Avery] bypassed any other employment opportunities during the five-day time period between when he alleges he was entitled to notice and when he was actually given notice of non-renewal," Stadler wrote.

Avery received pay and benefits for the full 60 days written into the contract and so suffered no damage, Stadler wrote.

The county has not yet replaced Avery.