The lawsuit, filed in March, includes multiple accusations against the defendants, including claims of breach of contract, defamation, tortious interference with an employment relationship, promissory estoppel, abuse of process, malicious prosecution, violation of charter, and civil conspiracy.
Credit: Bryant Billing
Credit: Bryant Billing
Madden was put on administrative leave, and ultimately fired, by the village in early 2024, along with Chief Financial Officer Phillip Hinson, Law Director Ronald Keener, Police Chief Curtis Hensley and Service Superintendent Scott Brock. The votes to oust them were all 4-3 votes by village council, with Mayor David Nickerson, Vice Mayor Nicole Adkins and council members Melissa Sexton and Timothy Back voting in favor.
Madden at the time categorized her firing as a “personal vendetta” led by Nickerson, who she had previously fired from a village position in 2019.
In March 2024, Madden filed a writ of quo warranto with the Montgomery County Court of Common Pleas against both Anderson and the municipality of New Lebanon, calling for her reinstatement to the position of village manager and the ousting of Anderson.
This request was ultimately rejected by the court.
Madden’s new lawsuit argues she was put on administrative leave without a 7-day advance notice, which she asserts was required as part of her contract with the village.
She further contends she was defamed by Nickerson, Bemis, and McNamee in various incidents cited within the lawsuit.
The suit claims Nickerson made statements accusing Madden of altering the village budget, falsifying records, and making unapproved purchases, among other things.
Bemis is accused in the lawsuit of alleging Madden “unlawfully took, misplaced, lost, or mismanaged (village) funds.”
These allegations were not substantiated by the Ohio Auditor of State, according to its October special investigations report.
The suit accuses McNamee of making multiple false allegations against Madden, including that she violated public records laws, engaged in misconduct and abuse of power, and “generally breached her fiduciary duty.”
Nickerson declined to comment on the lawsuit Monday, referring all questions to law director McNamee.
McNamee, Adkins, Bemis, Back, and Sexton did not respond to a request for comment.
Former Police Chief Curtis Hensley, who was fired at the same time as Madden, filed a similar suit against the village in August, alleging breach of contract, deprivation of rights, defamation, tortious interference with employment relationship. and promissory estoppel. A mediation conference for that court case is scheduled for Sept. 2.
Credit: Bryant Billing
Credit: Bryant Billing
Madden’s lawsuit further claims:
-That defendants Nickerson, Back, Adkins, Sexton, and McNamee intentionally interfered with Madden’s employment relationship by conspiring to terminate her in violation of her contract.
-That the village “failed to uphold its representations and promises” to Madden by allegedly terminating her without cause and “failing to provide the bargained-for compensation” following her firing.
-That Nickerson’s Feb. 2, 2024, request for an emergency audit by the Ohio Auditor’s Investigations Unit was a “perverted attempt to accomplish an ulterior purpose to justify” Madden’s firing, and that the reporting of allegedly illegal activities to the auditor by Nickerson and McNamee was done so “with malice” and without probable cause.
-That Nickerson engaged McNamee to be special counsel in February 2024 without consent of council.
“McNamee interrupted council members, told them what to do and behaved as if he was the mayor and law director of the (village) on Feb. 20, 2024,” the suit states.
-That McNamee, Nickerson, Anderson, Adkins, Back and Sexton conspired to take over the village government in violation of the Ohio Revised Code, the New Lebanon Charter and New Lebanon ordinances.
Madden is requesting judgment against the defendants in an amount in excess of $25,000, along with punitive damages, costs, attorney fees, and any further relief deemed just and equitable by the court.
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