Lean files countersuit

Claims county owes him about $92,000

By John Grant Emeigh of The Montana Standard - 10/29/2008

Gary Lean

Despite pleading guilty to stealing about $40,000 from taxpayers and non-profits, a former Butte-Silver Bow County employee claims the taxpayers owe him money.

Former facilities manager Gary Lean filed a counterclaim in Butte district court Tuesday claiming the county owes him about $92,000 in compensatory time, sick leave and other pay.

This counterclaim comes in response to the county's lawsuit filed earlier this month that demanded Lean pay back about $158,000. The county asked the court to order Lean to return all compensation and benefits he received while on administrative leave, lost revenues from the Butte Civic Center, and the costs for the criminal investigation.

However, Lean states in his six-page counterclaim that his guilty plea doesn't absolve the county from paying him all his accrued compensatory time, sick leave, annual leave and longevity pay he earned while employed by the county. Lean's counterclaim, which was filed by his attorney Peter Meloy, claims the county doesn't have "clean hands" and can't deny Lean his accrued pay.

On Sept. 15, Lean pleaded guilty to the tampering with public records count and four felony theft counts, which combines all eight felonies. Judge Ray Dayton gave Lean a four-year suspended term, and also ordered him to pay almost $38,000 in restitution. Lean admitted to bilking taxpayers and non-profit organizations out of nearly $40,000 while working as the county's facilities manager between June 6, 2003, and May 16, 2006.

Lean was placed on paid administrative leave in May 2006 after the state started investigating theft allegations against him. He continued to receive his pay until February 2008, when he was formally charged.

The county is attempting to get $118,835 from Lean for the pay he received while he was on leave. Meloy says in Lean's counterclaim that the county isn't entitled to that money.

The county voluntarily placed Lean on administrative leave without pay and "voluntarily agreed to continue paying defendant throughout the term of his employment," according to Lean's counterclaim.

Lean claims that he earned 2,945 hours in compensatory time that the county refuses to pay him. At his hourly rate, Lean demands $68,636 from the county.

Lean also is seeking more than $11,000 in owed sick leave, and about $12,500 of unused annual leave.

He's also asking the court to award him penalties in the amount of 110 percent of his wages due, and costs for attorney fees.

— Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net or by telephone, 496-5511