Busbey documents released: Records reveal mayor, city attorney negotiated $93K settlement with ex-CFO

A legal document the city of Decatur delayed releasing until Monday shows Mayor Don Stanford and City Attorney Herman Marks negotiated a $93,000 legal settlement with former Chief Financial Officer Gail Busbey.

The document does not give Stanford's reason for placing Busbey on paid administrative leave July 2, nor does it provide Busbey's charges against the city.

Stanford said Monday he will never release that information because he can't.

"I just have no other comment on it," he said.

The Daily first reported the settlement agreement in the Aug. 6 edition.

At the time Stanford said, "I am not talking to you about this. I have told you that. It's ridiculous, flat ridiculous."

The Daily obtained the 14 page document under the Alabama Open Records Act. Stanford, Marks, Busbey and her attorney, Gregg L. Smith of Birmingham signed the document Aug. 28.

The document is titled confidential. Details show Busbey agreed not to sue the city or Stanford for her removal. She also agreed to voluntarily retire Oct. 1.

In return, the city agreed to pay Busbey a sum of $93,000 in addition to 600 hours of accrued sick leave and nine weeks vacation.

The document contains multiple lines barring Busbey and Stanford from disclosing the settlement. An exception is forced disclosure under the Open Meeting Act, which is what The Daily did.

"With respect to the dollar amount of the settlement discussions, Gail Busbey and Don Stanford may disclose only this matter was resolved to said party's satisfaction," the document reads.

The document specifically states the city's payment of the settlement does not constitute an admission of guilt.

It also states Busbey and Stanford may not make disparaging remarks about each other in public or in private.

As detailed in the agreement, the city rendered payment to Busbey via a $20,000 check issued Sept. 2 to her attorney. The remaining $73,000, which was due Oct. 1, was to be paid through a third party.

An invoice from the city's insurance provider, Trident Insurance Services, shows the city paid a $30,000 deductible Oct. 1.

Councilman Ronny Russell said last week Trident had covered the remaining $43,000 of the settlement.

The agreement also states a member of the City Council will publicly read an agreed upon statement.

Councilman Gary Hammon read that proclamation during a council meeting Oct. 5. He said Tuesday he could not remember who asked him to read it.

In addition to the settlement agreement, the city granted The Daily access Monday to Busbey's personnel file under the Open Records Act.

The file contained no disciplinary reports other than recommendations for personnel action from Stanford that kept her on paid administrative leave from July 2 to Aug. 28.

In the explanation box, Stanford wrote, "My reasoning for this action will be provided at the appropriate time."

The file also contained a page calculating Busbey's final paycheck from the city at $51,121.44, including her accrued vacation and sick-leave time that all employees receive upon retirement.

Monday's information release came 109 days after Stanford placed Busbey on leave.