Hosier out of Brelsford suit

Portland Mayor Bruce Hosier has been removed as a defendant in a suit filed against himself and the city by a wastewater department employee.
The suit, filed Sept. 9 by Bob Brelsford, contends Brelsford was disciplined by the mayor in retaliation for a previous lawsuit and that Brelsford was disciplined in 2009 without explanation.
Attorneys for Hosier and the city requested dismissal of Brelsford’s entire suit in a motion filed in early November, but a ruling last week by Jay Circuit Court Judge Brian Hutchison upheld the right of Brelsford to bring action against the city.
Hosier was removed as an individual because his actions in the case were within the scope of his duties as mayor, Hutchison ruled.
Brelsford, a former superintendent of the water department, is contending he was demoted because he was a plaintiff in a previous suit against Hosier and the city of Portland.
In the suit, he also says he did not receive an explanation why he was suspended for 15 days without pay and written up in September 2009.
The motion to dismiss those claims was denied by Hutchison.
In the second count, Brelsford contended that he may have been demoted and suspended for revealing alleged misconduct of Hosier.
City employees allegedly were paid for attending the calling hours and funeral for city clerk-treasurer Barbara Blackford.
Hutchison granted the dismissal request on this matter, agreeing with the defendents’ contention that at-will employees are not permitted to sue for alleged retaliation for previous lawsuits and that no right of action exists in Whistleblower Statutes for employees of a political subdivision.
Many of the issues in Brelsford’s suit stem from an incident in 2005 in which employees of the wastewater plant, including Brelsford, were reprimanded for not attending the calling and/or funeral of city clerk-treasurer Barbara Blackford.
Brelsford, then wastewater treatment plant superintendent, was written up for not reprimanding his employees.
After a state audit found that city employees were paid for attending services for Blackford, the case was taken before a grand jury, which declined to hand up an indictment.
In a 2006 suit, Brelsford, Crystal Chapman, Dean Chapman and Dave McGraw sued the mayor and the city and asked for letters of reprimand to be removed from their files. The case was later dismissed.
The group was reprimanded for not attending the mandatory calling and/or funeral.
In Brelsford’s suit filed in September, he is asking for damages and relief — including lost wages, punitive damages, costs associated with the suit and attorney fees. He also is asking for all letters of reprimand to be removed from his file.[[In-content Ad]]