CHARLESTON - A St. Albans man who was hired to be a city employee is suing the City of St. Albans and the St. Albans City Council because his job was terminated before it began.

Peter J. McCuskey says the St. Albans City Council withdrew funds for his job without proper reason in a lawsuit filed April 6 in Kanawha Circuit Court.

"The Council has now acted in an arbitrary and capricious manner by withdrawing the funds from the budget for the Manager position due to political reasons as opposed to good business principles," says the complaint, filed by Hurricane attorney J. Robert Leslie of Tyree, Embree and Leslie.

McCuskey says he was hired to become Manager of the Municipal Utilities Commission, overseeing the day-to-day operation of the combined waterworks and sewerage system located within the confines of St. Albans.

He was to start that job on April 1. Instead, the City Council eliminated the position.

McCuskey is seeking a Writ of Mandamus requiring the City Council to comply with the decision of the MUC with respect to his hiring.

According to an article in the Charleston Gazette, McCuskey was asked to turn in his city-issued cellular phone and laptop computer at a recent MUC meeting.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-MISC-138

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