Former parks director at Scott City files lawsuit against former mayor Ron Cummins, city

Former Scott City parks director Phyllis Spinks filed a lawsuit Tuesday against former mayor Ron Cummins and the city, alleging employment discrimination.

The suit, filed in Scott County Circuit Court, alleges Cummins and the city engaged in gender, age and disability discrimination when Spinks was terminated from her job Nov. 30, 2016.

Spinks worked for the city for about 25 years, primarily serving as parks director, according to the suit.

Spinks had “an exemplary employment record and received regular raises and positive work evaluations,” her attorneys, John “J.P.” and Laura Clubb, wrote in the suit.

After Cummins was elected mayor in April 2016, he informed the Scott City Park Board members “they needed to fire Ms. Spinks, based on her age and length of service,” the lawsuit states.

Park board members refused to fire Spinks, so Cummins replaced the board members, according to the suit.

Cummins and the city then fired Spinks and hired Skylar Cobb, a man who was younger and “less qualified” to serve as parks director, the suit states.

Spinks planned to retire in 2018 when she turned 65, according to the suit.

“Defendants treated Ms. Spinks differently than other employees based, in part, on her age, gender and perceived disability,” the suit states. The city is accused of failing to stop Cummins’ conduct toward Spinks.

According to the suit, Cummins and the city made repeated derogatory comments about her age, sex/gender and disability or perceived disability, used abusive language toward her and treated Spinks worse and then fired her after she complained about the situation.

Spinks suffered “emotional distress and mental anguish” as a result of their actions, the lawsuit states.

The suit describes the actions of Cummins and the city as “outrageous because of evil motive or reckless indifference to Ms. Spinks’ rights not to be subjected to sex/gender discrimination, age discrimination and disability discrimination.

The suit seeks a judgment of more than $25,000 against each defendant for emotional stress and the same sum for lost wages and benefits, as well as punitive damages.

In a statement released by her attorneys, Spinks said, “I just want former mayor Cummins and the city to be held accountable for their law violations and to make sure this doesn’t happen to any other city employees.”

She added, “I look forward to litigating this matter fully and taking the testimony, under oath, of Mr. Cummins and several Scott City employees.”

Cummins, who resigned in August amid an investigation into allegations he abused his position, did not return phone calls from the Southeast Missourian on Tuesday.

Cummins is running for mayor in the April election to fill the remainder of his unexpired term. He is running against council-appointed Mayor Norman Brant.

Brant and city attorney Frank Siebert declined to comment, saying they had not seen the lawsuit.

J.P. Clubb, Spinks’ attorney, said he also is representing former city administrator Ron Eskew, who also plans to sue Cummins and the city.

Eskew resigned as administrator in March, claiming he was forced to step down after he helped uncover improper credit-card usage on the part of city staff.

mbliss@semissourian.com

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