By Cindi Andrews
The Cincinnati Enquirer

LEBANON - The city is paying $25,857 and its insurance company an additional $15,000 to settle lawsuits by former City Auditor Debbie Biggs and her husband, also a former employee, according to City Attorney Mark Yurick.

"It was an economical business decision," Councilman James Reinhard said Wednesday. "The advice of our attorneys was that it was probably better than taking our chances with pursuing it any further ... It's been lingering around for three years, and it's time for it to go away."

Councilman Ron Pandorf cast the only vote against the settlement at Tuesday night's City Council meeting.

"She didn't deserve a cent," he said. "... I understand the economics of it, but this is beyond economics. It's the principle of the thing."

Mrs. Biggs took an early retirement buyout in late 1999 that was later rescinded by City Council, leaving her six months shy of retirement eligibility. She was charged with felony theft in office for allegedly taking the buyout without council's knowledge, but was acquitted. Mrs. Biggs sued Lebanon to get her buyout reinstated.

Her husband, Walter Biggs, was fired from the city's telecommunications department after he allegedly threatened city officials over his wife's case. He sued the city for wrongful termination.

The $40,857 settlement, approved by council Tuesday night, gives the couple and their attorneys $33,837 - the equivalent of six months' pay for Mrs. Biggs plus $2,000 to settle Mr. Biggs' suit, Mr. Yurick said. The remaining $7,020 will go to the Public Employees Retirement System to buy the six months' service credit Mrs. Biggs needs to collect retirement.

"I think overall we're pretty pleased that we finally got Debbie a retirement benefit, and, hopefully, now everybody can move on," Robin Harvey, the Biggses' attorney, said Wednesday.

Three other former Lebanon officials faced criminal charges in the buyouts, but former City Attorney Bill Duning also was acquitted, and charges against ex-City Manager James Patrick and ex-Electric Department Director Bob Newton were dropped.

City Council said it unknowingly allocated $486,000 in December 1999 to give Mrs. Biggs, Mr. Duning and Mr. Newton buyouts through an electric department early retirement program. Mr. Duning voluntarily returned his buyout.

Tuesday's action means the only litigation not resolved is Lebanon's lawsuit to reclaim Mr. Newton's buyout money. PERS refused to return it because Mr. Newton was a member of the electric department.

"I think the city would be willing to compromise and find some middle ground," Mr. Yurick said.

E-mail candrews@enquirer.com