PUD takes former manager to court

Utility says correspondence with BentonREA violated agreement

EPHRATA — Former Grant County Public Utility District Manager Don Godard was taken to court Monday for engaging in conversations with and shipping documents to BentonREA, which according to the PUD violated his signed employment separation agreement.

Attorney David Sonn, who represented the PUD, claimed that Godard had not met his duty to cooperate with the PUD as part of the agreement and had provided BentonREA with private and privileged documents belonging to the PUD. Sonn claimed that Godard had been meeting with BentonREA and had not in turn met with the PUD, which was disadvantaging the PUD and causing irreparable harm.

Sonn suggested that the PUD be given " a level playing field," and be notified of Godard's contacts and communications with BentonREA.

"All they have to do is call," Sonn said. "Please let me know you're having conversations."

However, Grant County Superior Court Judge John M. Antosz ruled that two key paragraphs written by the PUD in the employment separation agreement were too broad to be enforced and that the PUD overreached with the language in the contract.

Judge Antosz did order Godard to stop providing documents to BentonREA that are labeled privileged or confidential, except those that may be allowed by a federal court in the future.

In the past, Godard had sent memoranda to BentonREA that had at one time been passed between the PUD's attorney and commissioners.

Godard said he thought that the information had already been released.

As part of Godard's March 2004 employment separation agreement, he would also be obligated to cooperate and assist in the PUD's "efforts to recover any funds improperly paid to BentonREA" and others, the employment separation agreement read.

"I believe that all payments made to BentonREA were appropriate," Godard told the judge.

The PUD was seeking to have a temporary restraining order which would require Godard to abide by the signed employment separation agreement made into a permanent injunction in Monday's court proceedings. With the judge's decisions Monday, that temporary restraining order will expire on Thursday.