Fired agency official files 2nd lawsuit

H.C. Massey and his supporters have filed a second lawsuit in U.S. District Court, seeking to reinstate Massey to his $64,000-a-year job at Ogden Area Community Action Agency.

The lawsuit filed this week names agency board members as defendants and asks for a temporary restraining order to reinstate Massey.Last month, a federal magistrate denied a similar request.

Judge Ronald Boyce ruled that Massey had not suffered any harm because he was on paid administrative leave. Furthermore, Boyce said, the federal court had no jurisdiction in the case because a federal statute had not been violated.

On Nov. 26, the agency's board voted to fire Massey after members received a report from an outside investigator concerning charges Massey harassed employees at the agency with racial and religious comments.

The board refused to make that report public until after Massey appeals his termination.

The new suit charges that Massey and his attorney were not allowed to respond to the charges nor were they informed of the reasons for his termination. Like the first suit, the new one questions the legality of the board saying the board did not follow agency bylaws when filling board vacancies.

Board chairman Donald Carpenter said the board will allow Massey to appeal, but he did not say when the hearing will take place.

"At this point, I still have a strong comfort level that we're on solid ground," Carpenter said.

"Mr. Massey will be afforded a due process hearing where he and his attorney can appeal it. After the hearing, the Board of Trustees will be required to present reasons why they rescind, modify or reverse their decision."

The new suit claims the federal court has jurisdiction because 95 percent of the agency's funds come from the federal government and because the agency is in violation of federal law because its board is not properly constituted.

Massey also charges that state and federal regulators urged the board to fire him.