Ex-fair manager's lawsuit against county dismissed

A lawsuit filed against Flathead County by former county Fairgrounds Manager Jay Scott has been dismissed with prejudice.

In the order of dismissal, District Judge Kitty Curtis said that Scott and Flathead County must each bear their own costs associated with the lawsuit, which was filed in May 2010. The dismissal with prejudice prevents Scott from filing another lawsuit based on the same subject.

Scott had sued the county after he was fired by the fair board in February 2010. When board members voted to not renew his contract, they voiced some concern about his ability to properly manage the fairgrounds and referred to an internal audit that showed security concerns and discrepancies in the way cash had been handled.

In his lawsuit, Scott sought damages for emotional suffering, punitive damages, special damages, general damages, attorney’s fees and other costs associated with the lawsuit.

His lawsuit alleged he was wrongfully mistreated and fired before his employment contract with the county expired. He claimed he’d been given a favorable written employment review and assessment in March 2009 and not presented with any information after that review that could have indicated his job was in jeopardy.

The lawsuit claimed that although there was “no contractual good cause for early termination,” the county “provided a different image to the public, and portrayed that there was good cause for early dismissal.”

The lawsuit claims that Scott asked for the discussion surrounding his contract to occur in a closed, executive session, but fair board members denied that request. That “unnecessary drama and press coverage” implied wrongdoing or mismanagement by Scott, the lawsuit stated.

“The public display in removing [Scott] from the premises was manifestly unfair and unjust and was done solely to place [Scott] in a false light, in violation of his right of privacy,” the lawsuit said.

After Scott was fired, a group of supporters surfaced, seeking his reinstatement to his position and demanding that the fair board members be dismissed. More than 3,000 county residents signed a petition to reinstate Scott within about a month of his firing.

Two fair board members resigned their positions after Scott was fired, including Paul Atkinson, who walked out of the meeting after he voted against firing Scott. On his way out of the room, Atkinson said, “Tell them I quit too, when you report to the commissioners.”

Ted Dykstra Jr., a member of the fair board who voted to fire Scott, was hired as the interim director of the fair and oversaw the 2010 Northwest Montana Fair. Last September, Mark Campbell was hired as the new fairgrounds manager. He began work for the county Oct. 15, 2010.

Reporter Shelley Ridenour may be reached at 758-4439 or sridenour@dailyinterlake.com.