McAlester News-Capital, McAlester, OK

May 7, 2014

Jury selected for trial in city of McAlester v. Randy Green v. the city

By James Beaty
Senior Editor

McALESTER — A jury consisting of five women and eight men has been  selected to hear the trial involving a lawsuit and a counter-suit between the city of McAlester and former City Manager Randy Green.

Associate District Judge James Bland seated the jury, as well as an alternate juror, shortly after 11 a.m Wednesday, then gave them a lunch break with plans to get  the case under way at the Pittsburg County Courthouse at 12:30 p.m.

The city has sued Green for $3.5 million for various alleged damages, while Green is contending the city is underpaying the retirement he says he’s owed.

With the original lawsuit filed in 2006, it’s taken eight years for the case to come before a jury.

Attorneys on both sides informed the jury Wednesday that Green has already completed a 51-month federal prison sentence flowing his 2006 conviction of five counts of embezzlement from the city.

Green has served as McAlester city manager from 1981 until his termination by the city council in 2005 in the wake of revelations regarding massive buybacks by the city of Green’s purported unused leave.

The city of McAlester is being represented by City Attorney Joe Ervin, as well as Greg Givens and Christopher Combs.

Green’s attorneys are Melvin Hall and James Polan.

Green’s amended counter-suit names as defendants the city’s Defined Benefit Retirement Trust Plan and Trust; the city of McAlester council members who were acting as the plan administrator; Dale Nave, Greg Rock and Don Lewis, as well as the city councilors and mayor who were serving in 2003.

Lewis is a former McAlester mayor. Rock and Nave are former city councilors, and Rock is also a former acting mayor for the city of McAlester.

Contact James Beaty at jbeaty@mcalesternews.com.