By: Kate Hessling, Tribune Staff Writer
BAD AXE — The former deputy clerk filed a lawsuit in U.S. District Court earlier this month, claiming she had been forced to apply for retirement and was defamed and deprived of her good name and reputation following an argument she had with the city manager late last year.
Susanne (Sue) M. Stahl. is asking the court for a judgment of more than $75,000 to “compensate her for all economic losses and all non-economic losses and all attorney fees awardable under statute,” reads the lawsuit filed May 5 by Mastromarco Firm, of Saginaw.
“The plaintiff further seeks reinstatement to her position,” the lawsuit states.
According to the lawsuit, Stahl claims she was forced to retire after a chain of events, starting with Mayor Bill Cleland asking her to use a key to gain access to the Davenport University Building on Dec., 11, 2008.
The lawsuit states the keys were locked in the office of City Manager John Nugent, who could not be reached at the time of Cleland’s request. Because he was unavailable, Stahl went into his office to get the mayor the keys he requested.
“The plaintiff followed protocol in all respects in this transaction,” the lawsuit states.
As a result of Stahl’s action, Nugent “became inflamed and subjected (Stahl) to extreme and outrageous verbal harassment, stating ‘Who the (expletive) do you think you are? You have really done it this time and have overstepped your authority. What you have done is the same thing as stealing from the city. I am so angry at you, I cannot even talk to you. You work for me. I will deal with you tomorrow,” the lawsuit states.
The lawsuit claims this was defamatory and Stahl was emotionally distressed as a result of Nugent’s “verbal tirade” and “Nugent made it clear that he intended to take adverse employment action by stating, ‘I will deal with you tomorrow.’”
Therefore, the lawsuit states, Stahl was forced to apply for retirement on Dec. 12, 2008 because of the threat of adverse action made by Nugent on Dec. 11, 2008.
The lawsuit also claims Nugent withheld certain vacation and sick pay until the 2009 year so as to negatively impact Stahl’s retirement benefits, which are calculated based on the three highest salary years.
“The plaintiff was constructively discharged, defamed and deprived of her good name and reputation by being called a ‘thief’ without being afforded due process or a name clearing hearing,” the lawsuit states.
In response to these allegations, Nugent said on Friday — the day he learned of the lawsuit — that he wanted to speak with the city’s attorney before making any comment. On Wednesday, he told the Tribune he will not be able to make a comment as he originally intended to because counsel has told him to not make any statements regarding this matter.
“I can’t talk about it with anyone,” Nugent said.
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