Paul Montjoy was employed by the Diamondhead Property Owners Association (POA) as manager from 1990 until he was terminated by the POA Board of Directors on July 26, 1996.
On his termination, Montjoy filed a suit against the POA for breach of contract and mental anguish. The Chancery Court awarded Montjoy $54,373.65 for breach of contract, and $100,000 in compensatory damages for intentional infliction of emotional distress. In additrion he was awarded $6,887.32 in prejudgment interest.
The POA filed an appeal with the Appeals Court in Hancock County and the Chancery Court was reversed. On cross appeal by Montjoy, the Appeals Court ruling was upheld. Montjoy got nothing.
The Court of Appeals of Mississippi listed the incriminating evidence against Montjoy discovered after his termination and was improperly disallowed by the trial judge. This evidence is:
- In September of 1990, the Board adopted a policy that all contracts and leases would be approved and signed off by at least two (2) of the officers of the corporation. Mr. Montjoy ignored this, having had many contracts signed without two signatures of an officer, [sic] including his own employment contract.
- Mr. Montjoy allowed three (3) supervisors, [sic] to use POA trucks, [sic] with magnetized signs so they could be removed when used by the supervisors for personal use.
- Mr. Montjoy had no usage control of gasoline at the POA. After Mr. Montjoy’s termination, the POA began doing more projects yet used thousands of gallons less of gasoline.
- The Diamondhead News was to be supported by the sale of ads. There was a $14,000 shortage in payment for same.
- Mr. Montjoy purchased over a thousand plants and stored them on the property allowing them to die from lack of attention.
- Without Board approval, Mr. Montjoy gave numerous bonuses, up to $1,500.00 including a $1,000.00 bonus to himself.
- The POA maintained (as authorized by Mr. Montjoy) and paid for two (2) telephones at the Yacht Club which was not required under the lease agreement. Additionally, POA personnel performed maintenance on equipment, etc. at the Yacht Club which was also not required under the lease agreement.
- Without Board approval, Mr. Montjoy hired a consultant, gave him an office and when the new Board was elected, had the consultant moved from the premises.
- Mr. Montjoy made a speech before the Gaming Commission on behalf of the POA, without authority, advising that the POA would welcome the location of a gaming site on or near POA property.
- Mr. Montjoy abused the expense account by eating meals at the Country Club.
- The policy of the POA was that buildings could be torn down only with Board approval. $10,0000 was budgeted by the Board to renovate a building, and contrary to the Board’s wishes, Mr. Montjoy tore it down, including all plumbing and wiring.
The Court of Appeals of Mississippi ruled as follows:
“The judgment of the Hancock County Circuit Court as to the award of actual damages and prejedgment interest is reversed and remanded and as to thje award of damages for emotional distress is reversed and rendered. The judgment of Hancock County Circuit Court on cross appeal is affirmed. The costs of this appeal are assessed to the Appellee.”
Paul Montjoy said, “While the appeals court did strike down the damages awarded by the trial court I was awarded and received the compensation due under my contract which was the basic purpose of the suite.” Who is he kidding?
The truth of the matter is that Montjoy got nothing from the POA based on his court actions and deserved nothing.
Based on the incriminating evidence listed in the Court of Appeals document, Montjoy should immediately resign as a director of the POA. We just don’t need POA Directors with Montjoy’s history.