Former City Council Clerk Sues City Over "Wrongful Termination"

  • Wednesday, April 8, 2015

The former City Council Clerk is suing the city of Chattanooga, saying she was wrongfully terminated after bringing up the issue of disparate pay in the clerk's office.

Sandra Freeman filed the complaint in Circuit Court, asking unspecified compensatory and punitive damages.

She was hired as the interim clerk on April 9, 2013, after the retirement of longtime clerk Carol O'Neal. The action was reaffirmed on May 7, 2013, by the City Council.

The suit says while she was in the post she "performed her job duties in an outstanding manner."

It says in July 2013 that Ms. Freeman "became aware of potential compensation inequities" among the clerk's staff as documented by the Municipal Technical Advisory Service (MTAS).

She requested then-Chairman Yusuf Hakeem to review the situation. An audit was carried out, but no action was taken while Chairman Hakeem was in the post.

Chip Henderson became chairman in April 2014 and Carol Berz vice-chair was over the human resources committee.

The suit says Ms. Freeman did not have a bachelor's degree, but did have 30 years of executive branch municipal experience. She was set to get her municipal clerk certification in December. It says the council unanimously voted to retain her though she did not have the BA degree.

It says in May 2014 that Ms. Freeman approached Chairman Henderson and Vice-Chair Berz on the pay issue. It was determined that Richard Stokes of MTAS would be retained to make an evaluation. Mr. Stokes submitted his report on June 6, 2014.

The suit says the report was not shared with other council members and that the council leaders "were improperly withholding information from the City Council" and "attempting to bypass the council."

Ms. Freeman then shared the report with other council members, it was stated. Vice-Chair Berz accused her of insubordination for doing so.

The suit says on July 2, 2014, that Chairman Henderson, without notifying the full City Council, directed the city human resources department to proceed with clerk's office pay grade adjustments.

Ms. Freeman continued to object to those "unilateral changes," it was stated.

The suit says on Sept. 2, 2014, that Councilmen Hakeem and Russell Gilbert demanded that the Stokes report be distributed to the full council and that Mr. Stokes be invited to make a presentation on the issue.

The complaint says Chairman Henderson and Vice-Chair Berz "denied in a public council meeting that they had ever seen or requested the MTAS report."

It says Chairman Henderson "instructed an employee of the clerk's office to confidentially modify portions of the job descriptions of employees" of the office. Ms. Freeman said she voiced objections to other council members.

The suit says Chairman Henderson on Sept. 23, 2014, announced a plan to restructure the office by having staff members to submit their resignations and be able to reapply. Ms. Freeman was not rehired.

The suit says Ms. Freeman was the victim of "retaliatory discharge" for bringing up the pay issue.

 

 

 

 

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