Former Quincy City Manager Jack McLean announced last week in a press release the filing of a federal lawsuit against the City of Quincy, Quincy Retirement Savings Plan and Michael B. Wade for declaratory and injunctive relief.
According to the press release, the suit was filed as a result of the city’s failure to timely rollover McLean’s retirement funds pursuant to his request.
The suit claims the city is holding $63,057.09 of McLean's pension in violation of Section 54, City Code of Ordinances, Personnel, Article IV, and Retirement Savings Plan and the federal Employee Retirement Income Security Act of 1974 (ERISA).
Defendants Wade and the city, the complaint alleges, also breached the employment agreement with McLean by failing to pay 1,000 hours of accrued annual and sick leave and severance pay.
Interim Quincy City Manager Mike Wade acknowledged that McLean had filed a lawsuit against the city but stated it was the city’s policy to make no comments on pending litigation.
After filing the lawsuit McLean said, “I filed this lawsuit with a very troubled heart. The people I worked with for the growth and development of the City of Quincy every day for six years were diligent and faithful to the citizens they served. We did a great job, we were almost always respectful of one another. We celebrated those who retired and we met our financial obligations to those who left for whatever reason. The defendants have not afforded me the same commitment and obligation. The City of Quincy has left me with no choice but to sue them in court.”
McLean filed the federal complaint on June 3, 2014 in Federal Court in the Northern District. He served as the City of Quincy City Manager from
November 1, 2008 until March 25, 2014.
McLean is asking the court to order the city to pay his attorney fees, as provided by federal law.