Court rules in Lone Grove's favor in Elfert appeal

City officials are hopeful that a recent ruling by the Oklahoma Court of Appeals will allow it to finally put the Marianne Elfert saga to rest. But that has yet to be determined.

Elfert's appeal was denied on Sept. 6 leaving her 20 days to either ask for a re-hearing or petition the Oklahoma Supreme Court in her civil case against the City of Lone Grove. Elfert, a former city manager at Lone Grove, was suspended with pay on May 17, 2010 and her employment was terminated in June 2010.

"The Court of Appeals said they agreed with the trial court and affirmed Judge (Aaron) Duck's order that there had been no violations of the Open Meeting Act and that the city had followed the proper procedure pursuant to the City Charter," City Attorney David Pyle, said.

Pyle had initially thought the appeals process would play out over two years but the decision came less than a year after the district court's ruling.

"I'm a little surprised it came back this quick but it was a motion for summary judgment which means there were no facts in dispute," Pyle said.

The ruling, issued by Jane P. Wiseman, stated no error was found in the trial court's judgment. She also ruled the agenda gave sufficient notice that a performance review of Elfert, would be discussed in executive session. It also noted the agenda stated "take possible action," indicating based upon the review of the Plaintiff's job performance, it could include retaining or terminating her (Elfert's) employment.