Bean says severance is due

Former County Administrator Pat Bean told a judge Thursday she did not try to deceive Hillsborough County commissioners when she gave herself a 1 percent salary increase without their approval in 2007.

Bean is suing the county for the severance pay denied her when she was fired in June 2010. She sued county commissioners June 20 after a year's worth of legal negotiations failed to yield a breakthrough. The lawsuit is now in the hands of Circuit Judge James Barton, who on Thursday gave attorneys time to submit final arguments in writing before he renders his ruling.

Bean, 66, wants the county to pay the severance called for in her contract: one year's salary plus the value of a year's worth of benefits, totaling $278,023.

Commissioners fired Bean after a series of missteps, including her approval of the 1 percent pay raise for herself. The commission's position is that Bean forfeited the severance by failing to seek board approval for the raise, which commissioners say violates her contract and the county charter.

But Bean's lawyer, Thomas J. Roehn, argued that the language of Bean's contract means Bean cannot be denied severance unless she committed a criminal act. Roehn said Bean acted in good faith when she gave herself the pay increase.

The specific language states that severance could be denied if Bean was "terminated as a result of her commission of any felony, any crime of moral turpitude or any illegal act involving personal gain to her in conjunction with her employment."

Bean testified that she was told during contract negotiations that that provision meant she would be paid severance unless she committed a crime.

The Florida Department of Law Enforcement conducted an investigation into the pay raise and a massive internal email spying episode that involved Bean and then-County Attorney Renee Lee.

Bean testified Thursday that it was Lee who suggested she was eligible for the raise. And Bean cited a legal opinion from Lee, backed up by the county Human Resources Department, that she was entitled to the pay raise under a program designed to reward county employees for saving the county money.

Bean said 62 county employees received raises under the program, and none of those raises were approved by the county commission.

Bean said that as soon as county commissioners objected to her pay increase, she said she "wanted no part of it," and immediately agreed to pay the money back.

Attorney Richard McCrea, who is representing the county, said Bean knew Lee's opinion was "dubious on its face" because Lee's own raise under the program hinged on the same opinion.

In cross examination, McCrea elicited testimony from Bean that she paid the money back only after a county audit uncovered the raise.

The agency cleared Bean and Lee of criminal wrongdoing in February. In May, Bean offered to waive reimbursement of $33,460 in civil legal fees in return for getting full severance.

Commissioners rejected the deal, but they originally agreed to pay Bean's criminal defense bill of $51,332. However, they changed their mind about paying the legal fees two weeks ago.

Judge Barton gave attorneys for both sides two weeks after receiving the transcripts of Thursday's hearing to submit their legal arguments in writing. He set no timetable for how long after that he will hand down his ruling.