A Michigan village has settled a lawsuit by its former clerk alleging that she was fired for engaging in protected whistleblowing activity.
The Case
After Jakki Sidge, an administrator and clerk for the village of Goodrich, Michigan, learned that her contract was not being renewed, she sued the village and three council members – Jake Vick, Tim Light, and Tim Barraco.
Ms. Sidge alleged that she was a whistleblower who was fired for reporting type-I protected activity, specifically for reporting violations of the Open Meetings Act and the Bullard-Plawecki Employee Right to Know Act.
According to Ms. Sidge, the three defendant council members had told her to bring other village employees' discipline histories and job performance details to a council meeting. She said that, prior to the meeting, she told the village attorney about the defendants' request and, according to Ms. Sidge's counsel, he wrote an opinion letter stating that the request violated the law and corroborated her reporting to the defendants that their request for employee job performance details violated both the Open Meetings Act and the Bullard Plawecki Right to Know Act.
Ms. Sidge claimed that she physically gave the attorney's letter to the council.
According to Ms. Sidge, the defendants retaliated against her by terminating her employment.
The defense maintained that Ms. Sidge's contract was not renewed because a majority of the council was dissatisfied with her performance. The defense contended that Ms. Sidge was incompetent and did not get along well with others. The defense further claimed the village had gotten complaints from community members about her behavior and attitude.
Ms. Sidge's counsel countered that there was nothing in writing to prove these alleged complaints.
Result
The parties agreed to settle for $250,000.
The case is Sidge v. Village of Goodrich, No. 18-111213-CZ (Mich. Cir. Ct. Genesee Co. Aug. 8, 2019). Attorneys involved include: Tom R. Pabst; Tom R. Pabst, P.C.; for Jakki Sidge; Jarrett M. Pabst; Tom R. Pabst, P.C.; for Jakki Sidge; Michael A. Kowalko; Tom R. Pabst, P.C.; for Jakki Sidge; Nancy Vayda Dembinski; Landry, Mazzeo & Dembinski PC; Farmington Hills, MI for Village of Goodrich, Jake Vick, Tim Light, Tim Barraco.
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This report is based on information that was provided by plaintiff's and defense counsel. Additional information was gleaned from court documents and village council court minutes.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].