Updated: Apr. 03, 2012, 12:59 p.m.|
Published: Apr. 03, 2012, 11:59 a.m
By: Andy Hoag | ahoag@mlive.com
SAGINAW, MI — Buena Vista Township Manager Bregitte Braddock didn’t promote Detective Sgt. Sean Waterman to interim chief because of “concerns she had about his health,” Waterman claims in a lawsuit.
Waterman’s lawsuit against the township and Braddock, filed Thursday in Saginaw County Circuit Court, claims Braddock violated the 56-year-old Waterman’s rights under the state’s Civil Rights Act and Persons with Disabilities Civil Rights Act when she promoted Sgt. Kevin Kratz to replace the recently fired Chief Brian Booker.
Waterman is seeking more than $25,000 — a figure required to have a lawsuit filed in Circuit Court as opposed to District Court — “to fully compensate him for his loss of back, future pay, bonuses, sick pay, vacation pay, and all other fringe benefits, as well as non-economic damages, (and) attorney fees and costs.”
In the lawsuit, filed by Saginaw attorney Victor J. Mastromarco Jr., Waterman states that on Feb. 29, when Braddock fired Booker, she summoned Waterman and fellow Detective Sgt. James Baker to inform them that she was promoting Kratz to the interim position.
Waterman, who began working at the department in May 1988 and was promoted to sergeant in June 2003, claims Kratz has “significantly less experience as a police officer and had never had experience in running the department.” Waterman states that as the “senior most sergeant in the department,” he would serve as “Acting Chief” when Booker was on vacation or out of town for other duties. Waterman states that he and Baker questioned Braddock’s decision and “indicated that her actions would violate past practice, and the general orders of the (department), since the senior sergeant always had been promoted in the past to acting chief of police.”
Waterman states that Braddock then told him of her concerns about his health. Waterman on January 12 suffered from a heart arrhythmia — a problem with the rate or rhythm of the heartbeat — that caused him to collapse in the Saginaw County Prosecutor’s Office. The incident, previously reported by the News as a seizure, led Waterman to seek the advice of a “prominent” cardiologist, who ordered Waterman to take three weeks off of work but continue his normal activities and to work out at a local gym, the lawsuit states. Waterman was released back to work Feb. 1, and township officials “did not order further tests to be performed,” the lawsuit states.
Braddock’s claims of her concern for Waterman’s health “would make no sense, since she was not involved in (his) medical treatment in the past, and it would appear that she had made this decision based on a perception of a disability,” Waterman states.
Braddock “knew that (Waterman’s) medical condition did not affect his employment, since he has not been evaluated, and was returned to work … and continues to do his job without interference,” he states.
Waterman further claims that Braddock’s statements “could have been a pretext for age discrimination.”
Braddock did not return a Monday afternoon message seeking comment, but told WJRT, ABC12, that “There were a number of issues, but (Waterman’s health) was not the deciding factor on who got the job at all.” Braddock denied telling Waterman that he did not get the job because of her concern about his health, ABC12 reported.
Saginaw County Circuit Judge Fred L. Borchard has been assigned to preside over the case. No court dates had been set.
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