(Apr 14, 2008)

The City of Hamilton is going after almost a quarter million dollars in legal costs from a former senior staffer who was at the centre of allegations of death threats, sexual harassment and wrongful dismissal.

Following a closed-door meeting, council voted to reject a settlement offer by Robert Menagh and instead directed staff to continue to use "all available procedures to collect the amounts due and owing to the city."

Finance manager Joe Rinaldo says the city began taking steps to recover $223,000 in court-awarded costs from Menagh, the city's former head of labour relations, after the Ontario Court of Appeal last year dismissed his attempt to overturn an earlier court ruling that the municipality was justified in firing him

The city got rid of Menagh in 2002 for sexually harassing Maureen Wilson, chief of staff to former mayor Bob Wade and former regional chairman Terry Cooke.

The dismissal was preceded by criminal charges against Menagh -- later dropped when he entered into a peace bond -- for threatening to kill Cooke and Wilson in connection with his attempts to win Wilson back as his girlfriend.

Citing privacy concerns and legal advice, Rinaldo refused to say how much money the city has recovered to date.

"We are collecting dollars but unfortunately I'm not able to tell you what," said Rinaldo.

Menagh, now manager of human resources for the City of Cornwall, also declined to say how much money the city has got from him.

After losing his appeal, Menagh told The Spectator he was broke and would declare personal bankruptcy if the city tried to collect.

Asked in a telephone interview if he was planning to declare bankruptcy now that the city is taking action, he replied: "I'm considering my position."

The story began in 1997 when Menagh started dating Wilson, who was working for Cooke at the time. Wilson broke off the relationship while working for Wade because of Menagh's jealous behaviour.

Months later, Cooke and Wilson, who are now partners, began seeing each other.

Menagh's attempts to win Wilson back led to criminal harassment charges stemming from a series of events that culminated in December 2001 with Cooke almost being hit by a car driven by Menagh.

After an investigation by the city, Menagh was fired with cause and without severance in October 2002.

In tossing out Menagh's $2-million wrongful dismissal suit in 2005, the judge described him as "arrogant, often evasive" and an untrustworthy witness lacking in credibility.

In upholding that ruling, the appeal court noted the evidence is overwhelming that Menagh engaged in personal and sexual harassment of Wilson and that the city was justified in firing him.

Rinaldo won't say what means are being used to collect money from Menagh other than he neither volunteered to make payments nor entered into an agreement with the city.

There are several options available to creditors when people don't pay legal debts, including garnisheeing wages and personal property liens.

Though the recent city report dealing with the case remains confidential, the public record shows that the settlement offer rejected by council was submitted in writing by Menagh last August and followed up with voice mail messages in late January of this year.

Both Rinaldo and Menagh declined to reveal the details of the offer.

Rinaldo says he doesn't know what will happen if Menagh does declare bankruptcy but he knows what the city's objective is regarding the $223,000.

"We're going to make every effort to collect all of it."

And so they should. Think of it as a fitting sacrifice to Dike and Nemesis, the Greek goddesses of justice and retribution.

Andrew Dreschel's commentary appears Monday, Wednesday and Friday. adreschel@thespec.com 905-526-3495.