Two weeks after City Manager Greg Caton fired him, R. Lamar Whitmer \u2013 who had a rocky six-month tenure as Mayor Lisa Borowsky\u2019s chief of staff \u2013 filed a notice he intends to sue the city and Caton.<\/p>\n
The notice alleges Caton did a \u201csham\u201d investigation into Whitmer\u2019s behavior.<\/p>\n
And, since Borowsky hired Whitmer Oct. 6, \u201cThe city manager has no authority over the chief of staff nor the power to terminate him,\u201d the letter maintains.<\/p>\n
\u201cThe chief of staff\u2019s job duties confirm he responds directly to the mayor.\u201d<\/p>\n
According to the April 8 \u201cnotice of claim\u201d sent to City Hall,\u00a0 \u201cWhitmer states his willingness to settle his claims against the city described herein for the sum certain of $1.5 million.\u201d<\/p>\n
That total, according to a letter sent by Whitmer\u2019s attorney Dennis Wilenchik, \u201caccounts for his loss of employment as chief of staff to the Mayor, the adverse impacts to\u00a0 his reputation, future employment, emotional harm and anticipated attorneys\u2019 fees.\u201d<\/p>\n
Caton\u2019s office has not responded to a request for comment on Whitmer\u2019s notice of claim.<\/p>\n
After receiving complaints about Whitmer\u2019s work-place behavior, Caton placed him on paid, non-disciplinary leave Jan. 14.<\/p>\n
Whitmer \u201cwas \u2018perp walked\u2019 out of the building and his office despite the mayor not wishing him to be relieved of his duties and not wishing him to be removed as he was or terminated,\u201d the notice of claim states.<\/p>\n
For two months, \u201cthe city and Mr. Caton conducted a so-called investigation into various\u00a0 allegations against Mr. Whitmer that were pretextual and a sham,\u201d the Wilenchik letter alleges.<\/p>\n
After weeks of refusing to state why Whitmer was suspended, the city released a report on the investigation after Caton fired Whitmer. The report details many charges, including Whitmer\u2019s \u201cunprofessional and offensive comments\u201d and inappropriate behavior at City Hall \u2013 as well as Whitmer abusing his power and violating city rules with repeated \u201cpolitical activity.\u201d<\/p>\n
The allegations investigated by the city\u2019s Human Resources Department ranged from trying to avoid paying a parking ticket to soliciting a campaign donation in return for the mayor cooperating with Axon\u2019s development plan.<\/p>\n
The investigation by the city\u2019s Human Resources deemed seven of nine allegations \u201csubstantiated.\u201d The other two, including the Axon-donation allegation, were ruled \u201cnot substantiated.\u201d<\/p>\n
But, according to Whitmer\u2019s notice of claim, the report \u201cwas an attempt to place extremely minor matters as somehow important and\/or to simply misstate facts and evidence for a pre-determined\u00a0 outcome to remove Mr. Whitmer.<\/p>\n
\u201cThe investigation resulted in a pre-determined report the city and Mr. Caton shared with the public, including with Times Media Group (owner of the Progress) and others, to humiliate and embarrass our client and place him in a false light and to defame him.\u201d<\/p>\n
The notice of claim points to a meeting with the NAACP, in which the investigation found Whitmer engaged in \u201cpolitical activities\u201d in lobbying the group not to take out a recall petition against Borowsky.<\/p>\n
Whitmer\u2019s attorney calls that \u201ca distortion of the truth of what happened.\u00a0\u00a0<\/p>\n
\u201cIn reality, the NAACP was not questioned about the meeting as part of the\u00a0 investigation,\u201d Wilenchik writes. \u201c… The meeting was not political in nature, and Mr. Whitmer did not promise any favors, nor did he bring up the recall packet.\u00a0<\/p>\n
\u201cThe two people who\u00a0 attended the meeting and were interviewed both denied the meeting was political in nature,\u201d the letter added.<\/p>\n
\u201cIn fact, the NAACP\u2019s chief issue was with Mr. Caton himself, specifically about his\u00a0 approach towards inclusion and culture within the city of Scottsdale and his shameful\u00a0 attitude he displayed.\u201d<\/p>\n
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