It was standing room only Tuesday when Panola County citizens assembled for a press conference delivered by Jimmy Wade's attorney following the announcement of a $700,000 payment in a recently-settled whistleblower suit.
From a prepared statement, Wade's attorney, Charles Nichols, of Palestine, detailed his client's reasons for filing the whistleblower case. He also addressed evidence presented in the case that would indicate illegal activities surrounding the case.
According to the statement, Wade was compensated $250,000 from the county and another $450,000 from the county's insurance carrier following Wade's involuntary severance from a 10 year employment history with the county's road and bridge department.
Wade was terminated on April 10, 1995 — an action that allegedly resulted from reports Wade made to his supervisors, the Panola County District Attorney, and the FBI.
Wade's reports, said Nichols, resulted in a federal indictment against a county road oil supplier and a subsequent plea bargain of the supplier.
Wade had also reported the conduct of a county commissioner that had resulted in the loss of County road materials in excess of $5,000 in 1991 and another accident in 1993. Wade's reports resulted in two grand jury investigations of Panola County Commissioner Buddy Harris.
Also detailed were reports Wade submitted to the Panola County Sheriff's Department and the FBI regarding a number of illegal roads and driveways that had been worked on at the taxpayer's expense.
Nichols continued, adding that the case had taken an interesting twist when the presiding judge issued an order sanctioning the defendant and disqualifying the county attorney Robert Underwood, at a hearing on August 8th 1996.
Underwood, was disqualified from further representation of Panola County, Nichols said in reference to a time when he attempted to contact the suit's co-plantiff, David Cole, after a summary judgment had been entered against him. Although the summary judgment against Cole was not a final judgment and Cole was still represented by his attorneys, Underwood contacted Cole at his home while he was suffering from the ravages of a terminal illness and recovering from brain surgery, Nichols stated.
Furthermore, Nichols said, Underwood tried to get Cole to recant his sworn affidavit testimony and to impeach the case and the credibility of his fellow plaintiff, Jimmy Wade.
The court, after a three hour hearing with the presentation of evidence, imposed a $20,000 sanction against Panola County, as attorney's fees and a fine for discovery abuse.
As an additional santion, the court also entered its order that Panola County could not offer any of the fruits of the testimony of David Cole obtained by Underwood in violation of the state bar disciplinary rules.
The plaintiff also sought sanctions against the defendant for withholding discovery documents for the violation of Texas State Bar Disciplinary Rules by the county's attorney. The discovery sanctions stemmed from the county withholding a "smoking gun" document that was allegedly sent by the County Judge to county commissioners and the road and bridge superintendent linking the firing of Wade and his co-worker. The co-plaintiff with the county's investigation of the indicted road oil supplier, Bryan and Bryan.
Wade was also prepared to prove violations of the Texas Open Meeting Act with regard to a decision made to terminate Wade and the co-plaintiff prior to the April 10, 1995, meeting, Nichols said.
"For Jimmy Wade, the $700,000 settlement represents the pronouncement that individuals can fight against illegal and secret government and that our legal system does work," Nichols stated.
Following the speech, Nichols entertained questions from audience members including a request to expound on Nichols' opinion of the strength of his client's case and a jury verdict, should the case have been decided in court.
"We expected a very large verdict and, frankly, I had some reluctance in accepting the settlement. But you have Jimmy Wade to thank for that. He was not out for an excessive compensation, but only for what had been wronged him by the commissioners," Nichols stated.
Nichols added that Wade's evidence concerning his accusations were very detailed and apparently great enough to convince county commissioners this was not a fluke — but rather a serious lawsuit.
From the beginning, Nichols said, his client wanted to bring everything out and did not want a cloud of secrecy concerning the events that had happened to him.
"The Whistleblower's law is a very fair statute — one designed to protect people like Jimmy Wade and you. Today is a bright day for myself, Jimmy Wade, and the co-plaintiff. We think the legal system has worked to protect those who have the courage to report illegalities in the workplace," Nichols stated.