DUMFRIES, Va. — Dumfries Mayor Jerry Foreman is named in a lawsuit filed by a former town employee who claims he was wrongfully terminated.
Ray Jackson was hired January 18, 2016, to work as the town’s building code enforcement official. After retiring from the Prince William County Government after working a similar job, Jackson was hired to work 32-hours per week in a part-time, exclusive capacity. He says he was terminated via an email sent by Foreman in mid-September.
Jackson is now seeking at least $500,000 in punitive damages from the town — about 12% of the town’s annual $4 million budget. Foreman did not return a request for comment on Tuesday for this story.
During his time at building code enforcement in Dumfries, Jackson was to oversee compliance with town building codes for new and existing construction, according to court documents. The Dumfries Town Council unanimously approved Jackson’s hiring on July 5.
Jackson’s attorney Sid Kirstein said a building code official operates unlike other town employees and must have independence from the Dumfries Town Council to prevent any conflicts of interest.
Kirstein maintains that Jackson, by law, should have been given a hearing before the Town Council, where he is to be presented a list of grievances as well as the cause of his termination. To date, Jackson is unaware as to why he was fired, said Kirstein.
On October 5, the Dumfries Town Council voted unanimously to hire a new building official. The new building code enforcement official is not a town employee, according to Dumfries Town Clerk Dawn Hobgood.
Jackson maintains the job still belongs to him, according to court documents. He seeks $250,000 in compensatory damages following his dismissal in addition to the $500,000 punitive damages claim. He says the wrongful firing hindered his earning capacity and hurt his reputation. Jackson also wants his attorney’s and court fees paid by the town, according to court documents.
A copy of the alleged email from Foreman to Jackson notes the mayor asked to meet with Jackson before the email was sent, but the two did not meet. “Effective close of business on 26 September your services/employment are no longer required by the Town of Dumfries,” the email states.
The crux of the lawsuit asserts Foreman, acting alone as mayor and as one member of the seven-member Town Council, does not have the authority to terminate Jackson’s contract.
“Unlike me or you who work as at-will employees in Virginia, Mr. Jackson had contract and statutory rights not shared with other at-will employees of the town,” said Kirstein.
The alleged email from Foreman goes on to state that staff would review any back pay and benefits owed to Jackson following his termination. He has yet to be compensated, Kirstein said.
Kirstein says the Dumfries Town Attorney has until Jan 15 to make counter claims to Jackson’s suit or to request more time to review the case. The case could go to trial sometime in February or March.
In August, Foreman entered a Prince William County courtroom and pleaded no contest to trespassing charge following his arrest in April, when he was charged with petit larceny in connection with the disappearance of a campaign sign for his opponent running in the May 2016 Town Council elections.
