 |
 |
 |
|
 |
 |
 |
|
 |
 |
 |
|
 |
|
|
|
Media Coverage of Our Cases
Rated as one of the "TOP 10" LAWYERS IN MICHICAN
Ratings by Super Lawyers
Click here to read Super Lawyers featuring Deborah GordonDeborah was named as one of the top ten lawyers in Michigan in the Super Lawyers publications of September, 2006 and 2007.
Listed as One of the Most Influential Women in Michigan by
Crain's Detroit BusinessTV INTERVIEW: March 24, 2006 - GM Layoffs - Click here
RADIO INTERVIEW: September 26th. Click here
RADIO INTERVIEW: Click here
RADIO INTERVIEW: April 10, 2007, Workplace Terminations; Clear Channel Broadcasting, Channel 955. Click here
2008 PRESS COVERAGE: Click here for more Media Archives
Waterford police sued
July 15, 2008 - Click hereMoving school is not easy as pie
May 10, 2008 - Click hereJudge Small: 'The jury got it wrong'
May 1, 2008 - Click hereSlyvan Lake police officer settles harrasment case against chief
April 22, 2008 - Click hereBrandon schools chief quits
April 19, 2008 - Click hereResignation deal signed by housing official Head of state's housing
department agrees to settlement that will pay him more than $288,000.
March 25, 2008 - Click hereWoods insurance carrier settles Brown suit
March 13, 2008 - Click hereEx-employee’s suit claims ouster by Brandon district
March 12, 2008 - Click hereCity disputes police sex case claims
February 14, 2008 - Click herePanel: Fired cop owed $300,000
February 10, 2008 - Click hereSize of whistle-blower settlement was 'red flag,' legal expert says
February 5, 2008 - Click hereHas Detroit mayor exposed city to liability beyond Whistleblower case?
February 4, 2008 - Click hereARCHIVES | Media Coverage- Click here
Waterford police sued
Former employee alleges sexual harassment, retaliation by co-workers
By RANDAL YAKEY
Of The Oakland PressWaterford Township and its Police Chief Daniel McCaw are being sued by a former police department employee who contends she was the subject of sexual harassment by officers.
Penny Jo Dye, an office clerk from 1998 until April, has filed suit in Oakland County Circuit Court alleging she was the subject of sexual harassment, a hostile work environment and retaliation for making complaints against coworkers.The suit says that Dye and at least one other female employee have been the subject of increased harassment in the department since at least fall of last year.
High profile, Bloomfield Hills-based attorney Deborah Gordon said the "cowboy mentality" in the Waterford Township Police Department has been going on for years.
"I can tell you the typical comments would be: 'That is what you get when you have (slang for women's anatomy) doing (slang for men's anatomy) work,' " Gordon said. "They have this running joke going ... referring to women's anatomy. They even have a little song that goes along with it. There were comments about women wearing jeans or stretch pants. It's very much a cowboy mentality."
Waterford Township Supervisor Carl Solden and Deputy Chief Jeffrey James declined comment, saying all questions regarding the case will be handled by the law firm of Cummings, McClorey, Davis & Acho of Livonia. Police Chief McCaw could not be reached for comment.
"The allegations are untrue and we will be filing our responsive pleadings," said Eileen Husband, a partner at the law firm.
The suit includes McCaw as head of the department.
Gordon said she will present e-mails that had been circulated in the department regarding her client. Gordon said the situation became intolerable last fall.
"She initially got drawn into this when her co-worker filed a complaint for sexual harassment," Gordon said.
Gordon said Dye stood up for her co-worker and was subjected to increased harassment.
"The whole atmosphere over there is ridiculous," Gordon said. "Not only did my client (Dye) support her co-worker, but she then made her own statement and shortly after, her own job changed significantly. She then filed a complaint. After so many years of putting up with this, she had enough."
"Her duties were removed. She didn't have access to her email. All this started before the written complaints, but it got worse after she filed the complaint," Gordon said.
Gordon said the department hierarchy tried unsuccessfully to fire Dye last year.
"She was written up for not wearing her name tag. They tried to fire her. They trumped up a reason," Gordon said.
Gordon said a termination hearing was held for Dye but she had proof she did nothing wrong.
"They had this ridiculous rigged-up theory that she had electronically misfiled something. It turned out she had the paper trail to show she did exactly what she had been instructed to do. They brought her in to fire her, and when she showed them the paper trail, they were stuck. They didn't know she had the documentation. With that, she felt it was only a matter of time before they tried again so she stepped away."
Besides McCaw, Gordon said she also plans to call to Deputy Chief James, Lt. Frank Mostek and Lt. James Lalone to testify. McCaw has been chief since June 30, 2006.
Gordon said that the harassment was open and "blatant" and that the township administration did nothing to deal with the officers who were involved.
"It's so offensive and it is happening on the public's dime," Gordon said. "Their (administration) attitude is that 'These boys have done nothing wrong.' It's 'You women. You women who complain.' They think they have had the last word on this but a judge and jury will have the last word. There is obviously no control over there.
"It's a total good old boy network and woman are disrespected," Gordon continued. "These people need to be getting the job done and not worry about how they are going to retaliate against women who complain."
Gordon, daughter of former TV personality Lou Gordon, recently won the case of former 48th District Court employee Michelle Horton, who was fired and sued on the basis that her good name was smeared by judges and elected officials.
The jury awarded Horton $3 million. The judgment was later reduced in an out-of-court settlement. Court officials did not release the settlement amount.
In February, Sylvan Lake Police officer James Sherrod was awarded $300,000 as a result of his case Sylvan Lake Police Chief Mark Silver, who Sherrod alleged made sexual advances toward him. Gordon was the lead attorney on the case.
"I would never take a case like this if I didn't think it was a worthwhile endeavor," Gordon said.
The suits asks that more than $75,000 in damages be awarded to Dye.
Moving school is not easy as pie
Like many magnates with eccentric ambitions and deep pockets before him, Tom Monaghan is finding the undulating landscape of Florida real estate values difficult to navigate.
His utopian plan to build a Catholic town, by erecting a university and transplanting his Ann Arbor law school to the Naples area, lurches ahead, even as the still-Ann Arbor-based Ave Maria Law School sheds professors, students and its academic reputation over the planned move.
In the latest setback, the school announced that instead of moving to Ave Maria Town in September 2009, it will move into the 12-acre campus in Naples vacated by Ave Maria University -- a cost-cutting move during a real estate downturn.
The law school's embattled dean recently took a medical leave of absence as the school's ranking fell in U.S. News & World Report, plunging near the bottom of the fourth-and-last law school tier. And judging by appearances, Monaghan's quest to establish a community grounded in Catholic family has devolved into an earthly nightmare of infuriated lawyers, lawsuits and disgruntled alumni. Three of the school's former law professors filed suit last fall against Monaghan and the Ann Arbor law school for firing them.
Advertisement
"They found out that if you raise any issues of governance, you have no job," says Deborah Gordon, the Bloomfield Hills lawyer representing them.
The Domino's Pizza founder has always had a reputation as a mercurial and temperamental employer. As the owner of the Detroit Tigers, he once fired legendary U-M football coach Bo Schembechler, who was serving as president of the Tigers. In the lawsuit deposition, still in process, Monaghan described his Florida residence "in a dorm on campus," in a wing he shares with Ave Maria priests, taking his meals in the cafeteria.
Citing his holdings in real estate, Monaghan said his "liquid" holdings have declined to about $30 million in liquid assets, with about $200 million in real estate, much of that in his vast Floridian acreage. Even his Ann Arbor corporate showplace, Domino's Farms, is now mortgaged for "north of" $60 million, he said.
For now, Monaghan commutes between his Ave Maria dorm room and the Ann Arbor home he shares with his wife, as he works to salvage his dream of a community united by religious values, excellent education, and a brisk real estate market. He envisions "less crime and a wholesome family environment."
While declining to call Ave Maria a "Catholic town," he said in court papers that he expected most residents to be Catholics.
But many of those who shared his dream of a Catholic law school only four or five years ago have become his antagonists.
The fellow who got rich selling pizzas to Ann Arbor kids in dorms is flipping his own life story -- tucked in his dorm room, assets dwindling, trying to deliver one more grand scheme, one more time.
You can reach Laura Berman at (248) 647-7221 or lberman@detnews.com.
Judge Small: 'The jury got it wrong'
By Larry Ruehlen
ECCENTRIC STAFF WRITERForty-eighth District Court Judge Kimberly Small blames legal representation for the jury siding with former court clerk Michelle Horton. The jury awarded Horton $3 million, which included $2.5 million in punitive damages.
The judgment was later reduced in an out-of-court settlement, but court officials have refused to release the settlement amount.
The court's insurance company paid the settlement amount but Small is still stinging from the loss of public trust. During a Wednesday interview, she recalled meeting a woman while shopping at a local retail store. The woman recognized her and came over to scold her for what happened in the Horton case.
The woman said her daughter once held Small in high regard, even used her as a role model. But the Horton case changed all that and in the woman's estimation, Small was no longer a suitable role model.
"That was the hardest thing for us. You can go to the money aspect of this and it didn't cost taxpayers a penny. But it sure cost us in reputation and that was the most painful part of this. Firing this employee was to uphold the integrity of the court. The jury certainly got it wrong."
Horton's attorney, Deborah Gordon, said Small is the one who got it wrong.
"Judge Small believes she knows better than the jury. It says a lot about the credibility of the people who fired Michelle. It shows the arrogance of that court. That's what got them into trouble in the first place."
Due to confidentially rules, Paul J. Fischer, executive director and general counsel of the Michigan Judicial Tenure Commission, wouldn't respond to an inquiry about whether the 48th District Court is under review relating to the Horton case.
Small said she welcomes such a review because the court did nothing wrong.
Horton now works for a law firm in Birmingham. She previously told the Eccentric she wants to become a lawyer.
Slyvan Lake police officer settles harrasment case against chief
BY ALEX KELLOGG • FREE PRESS STAFF WRITER • April 22, 2008The city of Sylvan Lake has settled a wrongful termination lawsuit brought by a former police officer who alleged he’d been sexually harassed by his boss, police chief Mark Silver.
AdvertisementThe village settled for $300,000 Monday, an amount recommended by an independent court panel in February. The settlment with James Sherrod came two days before a scheduled motion for dismissal.
“I knew we had a rock-solid case,” said Deborah Gordon, Sherrod’s attorney. “My client is just glad this is over. It was obviously very disruptive to his career and to his life.”
Lawyers for the small Oakland County community did not immediately return several calls seeking comment.
Silver, who is married, remains on the job but admitted in depositions to making potentially inappropriate comments to Sherrod and other officers.
One resident also testified that Silver commented on the size of his genitalia when Silver showed up at his home for a routine call. The man answered the door wearing boxer briefs, Gordon said.
But, Silver denied asking Sherrod to have sex with him, one of Sherrod’s claims.
Sherrod had been with the department about a year when he was fired in May. He filed suit in June. Sherrod said he was never given a reason for his termination
Brandon schools chief quits By KAREN AUCHTERLONIE
Of The Oakland PressAfter beginning 2008 surrounded by controversy, Brandon schools Superintendent Thomas Miller announced Friday that his last day with the district will be June 25.
Miller's decision to retire has "nothing at all" to do with concerns about his leadership raised during the past four months, he said. "My wife and I came back from a short vacation in Tucson (Arizona). We fell in love with the area," Miller said. "I have 31 years in education and I thought it would be a great opportunity at this time to retire and head to the warm Southwest."
Attorney Deborah Gordon, who is representing a former employee of the district in a lawsuit against Miller, said she finds Miller's sudden retirement interesting.
"He applied for this position not very long ago, and if his plans were to retire, one would've thought that he would've brought that to the board's attention or that they might've asked him that. Typically, you hire a superintendent for more than a few years," said Gordon, who represents June Wuopio, the district's former community education director.
Board member D'Anna Keeble was not on the board when Miller was hired in 2005 but said the current board had no prior knowledge that Miller planned to retire.
"Those are typical interview questions, asking, ÔDo you plan on staying for a period of time?' I'm almost certain that was one of the questions (the prior board) asked," Keeble said.
On Feb. 21, Wuopio filed a lawsuit against Miller, the district and board of education, as well as some former board members and a former employee, alleging that she was forced out of her job.
Wuopio was part of the superintendent search committee that reviewed Miller and other candidates and made recommendations to the board.
She did not recommend Miller be hired and alleges that after he started at the district, a series of events where she was harassed and threatened took place, forcing her into submitting her resignation Aug. 9, 2006.
"What will aid my case is that it's very clear now that my client had a legitimate point when spoke out (against Miller). She should not have been treated badly, and she was treated badly at this man's hands," Gordon said.
She added, "It adds credibility to what my client said and totally undercuts the credibility of the board."
Gordon said she has a hard time believing Miller's retirement is "legitimate."
"I tend to think that everybody's agreed he needs to leave but are trying to pass it off to the public as a retirement," Gordon said. "Let's be honest and call it like it is, explain (hiring Miller) was a mistake and move on."
Keeble said the board learned about Miller's plans to retire when he sent a letter Friday afternoon stating he would do so.
"We appreciate the services he has provided to the district and we wish him well," Keeble said.
Community members first started raising concerns about Miller's leadership after Brandon High School students carried out a series of protests in January.
The students held a sit-in protest, participated in a skipday and produced a Web site and petitions after Miller reassigned high school Principal Michael Ferguson to a position in special education and alternative learning.
A week later, Ferguson was reinstated as principal.
More concerns about Miller's hiring practices were raised during board meetings that followed the protests.
After a late-night closed session meeting of the board March 12, board members reviewed Miller's performance and reopened the meeting at 3:30 a.m., voting unanimously to not extend his contract.
Miller's contract was set to expire June 30, 2010.
Because his announcement to retire was sudden and unexpected, the board is not yet clear on who might serve as an interim superintendent, when a new search will begin or what, if any, severance pay is warranted, Keeble said.
"I have some unused vacation days but there is no other severance package," Miller said.
Gordon said she will do whatever is necessary to ensure Miller gives a sworn statement for Wuopio's case and plans to call him as a witness.
"This superintendent obviously did not do the job he should've done, and he's leaving, I'm sure, because of that. My client spoke out early and had people listened, this all could've been avoided," Gordon said.
She added: "Sooner or later, the facts will come out. I just wish it wasn't such a waste of taxpayers' time and money to get the facts out."
Keeble said the district is still in good shape with many building updates and technology advancements taking place. The upgrades are funded by a recent bond extension that Miller proposed and was approved by voters.
"We will get together as a board and talk about a new (superintendent) search. We will focus on what is best for kids and hope to begin the process as soon as possible," Keeble said.
Contact staff writer Karen Auchterlonie at (248) 745-4643 or karen@oakpress.com.
Tuesday, March 25, 2008
Resignation deal signed by housing official Head of state's housing department agrees to settlement that will pay him more than $288,000.
Mark Hornbeck / Detroit News Lansing BureauLANSING -- The state is paying ousted housing chief Michael DeVos $288,538 in a settlement deal, according to details of the agreement released Monday.
DeVos, director of the Michigan State Housing and Development Authority, quit under fire following a year in which he alienated low-income housing investors and crossed swords with Gov. Jennifer Granholm and with some members of his board. The MSHDA board accepted his resignation March 14.
"This is not an uncommon agreement and the board felt it was the best way to expedite his resignation," said Mario Morrow, spokesman for the Department of Labor and Economic Growth. "It's a fair settlement."
DeVos' attorney Deborah Gordon of Bloomfield Hills said: "Michael did what we thought was a phenomenal job. But we understand there are certain political realities and felt it was a good time for a parting."
DeVos, who was MSHDA director for three years, left his $127,135-a-year job after several weeks of negotiations between his lawyer and the state attorney general's office. He had a contract through March of next year.
Investors say DeVos cost the state construction jobs and as much as $100 million in investment in low-income homes because of a decision last year to cancel a usually routine round of federal tax credit awards.
Granholm fired off a letter to the agency's board calling the action "unacceptable" at a time when the state was in dire need of construction work and low-income housing development. She ordered the agency to award some of the tax credits early this year.
The state also agreed to pay DeVos $20,000 for any future claims and stipulated his resignation was not prompted by any wrongdoing, according to the settlement document released by the state Department of Labor and Economic Growth
The agreement bars DeVos from working for MSHDA or any other state department or agency in the future and he cannot do contract work for the state for at least three years.
The state will send DeVos checks in April and January, and part of the settlement -- $53,600 -- will go to Gordon for attorney fees.
You can reach Mark Hornbeck at (313) 222-2470 or mhornbeck@detnews.com.
Publication: Oakland Press; Date: Mar 12, 2008; Section: News; Page: A-5
Ex-employee’s suit claims ouster by Brandon district
By KAREN AUCHTERLONIE Of The Oakland PressA former employee of the Brandon School District, June Wuopio, is seeking legal recourse for allegedly being forced out of her job as the community education director.
“There was a series of events that happened, and she faced retaliation basically from the moment she opened her mouth at that meeting and forward,” said Sarah Prescott, one of the attorneys representing Wuopio.
Superintendent Thomas Miller, the district, the Board of Education and board member Beth Nuccio, former board members Gina Muzzarelli and Kenneth Quisenberry and former district employee Marian Horowitz are named in Wuopio’s lawsuit.
The suit says problems for Wuopio began when she joined a superintendent search committee in 2005.
“The gist of it is, the board had their mind made about Mr. (Thomas) Miller becoming superintendent,” said Deborah Gordon, also a lawyer for Wuopio.
During a public meeting, Wuopio recommended the other finalist, Nancy Campbell.
“Our complaint does allege that immediately after she made the statement at that board meeting, (Quisenberry) approached her and made it clear through verbal and nonverbal conduct that he was unhappy with her comment,” Gordon said.
Miller became superintendent and hired Marian Horowitz to be the assistant superintendent of instruction and curriculum.
“Immediately upon her arrival, Horowitz engaged in an aggressive campaign of harassment and intimidation directed at (the) plaintiff,” reads the suit.
After Wuopio attempted to address how she was being treated, the district came up with a list of infractions against her despite a previously perfect employment record, Gordon said.
“Shortly thereafter, Miller told the plaintiff that she should resign or that he would go to the board to have her position eliminated due to financial constraints and would put a negative evaluation in her folder. However, if the plaintiff resigned, Miller agreed to write her a letter of recommendation,” reads the lawsuit.
Wuopio did not resign and was later moved into a newly created position as an assistant principal at a middle school, according to the lawsuit. Her previous position was eliminated.
The suit says that after Wuopio took that position, Miller told her he was going to present the board with a recommendation to fire her. Wuopio submitted her resignation Aug. 9, 2006.
Miller previously told The Oakland Press that Wuopio’s position was restructured.
“What we did is simply add the responsibility of CHOICES to (Pam) Shoemer at no cost and took community education and the calendar and assigned it to (Ed) Breslin at less than what Wuopio was making,” Miller said in an earlier interview.
CHOICES is the district’s alternative education program.
Ed Breslin, who worked with Miller in Port Huron, became the coordinator of information services and community education. Shoemer is the director of special education and alternative learning. “We restructured responsibilities and had an anticipated savings between $20,000 and $30,000 in doing so,” Miller said. Miller said Wuopio resigned as a result of the restructuring. “It’s an old game to blame it
on finances,” Gordon said. Wuopio started at the district in 1980 as a substitute teacher. She was promoted several times and became the community education director in 1987. The lawsuit alleges that Wuopio’s free speech and due process rights were violated. Lost wages, emotional distress damages, court costs and attorney fees are being sought.
Board President Gregory Allar said it received the legal paperwork Monday and would not comment on the lawsuit until it had more facts.
“We believe that each of these individuals had a hand violating our client’s rights,” Gordon said.
Contact staff writer Karen Auchterlonie at (248) 745-4643 or karen@oakpress.com.
Woods insurance carrier settles Brown suit
By Kathy RyanMarch 13, 2008
While maintaining the city or its employees did nothing wrong, Grosse Pointe Woods' insurance carrier settled a lawsuit filed by dismissed city employee Jane Brown.The insurance company agreed to pay Brown $225,000 to avoid the cost of a trial scheduled to begin last Monday in Wayne County Circuit Court, according to City Attorney Don Berschback.
Brown filed a lawsuit against the city and three city administrators after she was fired in July, 2006. In her lawsuit she contends she was fired for speaking out against what she described as mismanagement in city government and claimed her First Amendment rights were violated.
She named the city, Clerk Lisa Hathaway, Berschback and Councilwoman Vicki Granger in the suit and sought protection and compensation under the state's Whistleblowers Protection Act.
"I clearly feel vindicated by this settlement," Brown said in an e-mail to the Grosse Pointe News. "As a longtime Grosse Pointe Woods resident, in 2004 I stood up at a Grosse Pointe Woods Council meeting and brought to the attention of city council what I and many others believed to be mismanagement and misappropriation of taxpayer money.
"I can tell you that I always had the best interests of the residents of Grosse Pointe Woods at heart and was trying to do what I could to look out for their interests in the face of certain abusive city officials. I took seriously my oath as deputy city clerk to uphold the laws of the State of Michigan , and I am grateful that I live in a free country where an individual has the chance to stand up to powerful politicians and have justice prevail."
Brown later elected to remove Berschback from the suit.
The city maintains that Brown was dismissed for cause, however city officials, including Mayor Robert Novitke, Hathaway, Granger and Berschback directed all further inquiries to a statement issued by Bershback.
In that statement, Berschback said the city "had no input into the decision to settle this matter."
"The insurance company representatives made a judgement that it was more feasible to settle this matter than to bear the expense of going to trial," he said. "The city and all of its agents denied any liablility or wrongdoing regarding the termination of Jane Brown and a release to that effect was prepared and will be signed by the appropriate parties.
"Contrary to all of the former publicity stating that this case 'will cost the city millions of dollars,'" Berschback said the city paid the $1,000 insurance deductible and "the time spent by our city attorney in protecting the interest of the city and its agents."
Brown, a Grosse Pointe Woods resident, was employed part time by the city as an election worker before taking a clerk's job with the building department in 1998.• She moved to the position of elections clerk in 2001. In December, 2005 she applied for the position of city clerk, but lost it to Hathaway.
Brown claimed she faced continual harassment after former city administrator Ted Bidigare — against whom she expressed allegations of mismanagement — was fired in 2004 and that harassment continued until she herself was fired by Hathaway in July, 2006.
In December 2006, Brown told the state Board of Elections she believed Hathaway improperly handled the mailing of absentee ballots. No charges were filed.
In a prepared statement, Brown's attorney, Deborah Gordon said the settlement followed months of pretrial discovery, "including extensive sworn depositions of key witnesses" resulting in an unanimous Wayne County Mediation Tribunal evaluation in favor of Brown in the amount of $250,000."
City disputes police sex case claims
By CAROL HOPKINS
Of The Oakland PressSYLVAN LAKE - While a panel of attorneys appointed by the Oakland County Circuit Court's case evaluation division have recommended that a former Sylvan Lake police officer be awarded $300,000 to settle a sexual harassment case, attorneys for the city dispute all claims and are refusing to accept the settlement.
James Sherrod, the former police officer, filed a sexual harassment and wrongful discharge lawsuit last year in Oakland County Circuit Court against the city and its police chief, Mark Silver. The lawsuit claims Sherrod was fired after he rejected the chief's sexual advances.The city denies the allegations listed in the lawsuit.
Sherrod contends in his lawsuit that his employment ended after Silver invited Sherrod to join him in bed when the two were out of town at a training seminar in May 2007.
Randall Field, attorney for the city, said he was not accepting the settlement, and was preparing to request the case be dismissed.
Field maintains that Sherrod was not subjected to sexual harassment, and was terminated because of job performance issues. Sherrod was fired in June 2007 before his year's probation was up.
Sylvan Lake officials, Field said, "did not feel (Sherrod) was fit for the job."
Sherrod filed suit after his dismissal.
Deborah Gordon, Sherrod's attorney, said testimony shows the "chief is obsessed with talking about male-on-male sex."
Sherrod, who is married, was a "seasoned police officer with approximately 20 years' experience in law enforcement," Gordon noted.
"He has worked in Lake Orion, Keego Harbor, Orchard Lake and Lathrup Village, and also served as police chief in Fairgrove.
Silver, who Gordon said has been married three times, has been employed in Sylvan Lake for eight years, the last two as police chief. He is in charge of about 10 officers, all men. Silver reports to Sylvan Lake city Manager John Martin.
Gordon included testimony from several sources in her evaluation. She noted a resident in Sylvan Lake reported that Silver came to his home and looked at the resident's crotch and made inappropriate comments.
A police officer in Orchard Lake, who has known Silver since about 2002, stated that Silver asked him if he had ever slept with a man, and that Silver did not dispute the fact he'd said it, according to documents filed by Gordon.
The same officer stated Silver was preoccupied with talking about male genitalia.
A Keego Harbor attorney stated Silver was "predisposed to homosexual references and jokes, asking other male officers if they had slept with men and Ôconstantly' grabbing his crotch," according to Gordon's case evaluation.
The evaluation also states Silver admitted he may have jokingly said he wanted to have sex with Sherrod.
In February 2007, the evaluation noted, Silver spoke of wanting to promote Sherrod to lieutenant and that Silver began referring to Sherrod as his "new lieutenant," ordering him badges, collar brass and a nameplate with the lieutenant designation.
The promotion was to be made official June 12, 2007, according to the report.
In mid-May, Sherrod and Silver attended a two-day survival seminar in Cleveland, and the two shared a hotel room. At the seminar, the first day and night passed without incident, the report noted.
The second night, Silver told Sherrod there was "no need to Ômess up two beds' as they could both sleep in one,' " according to the evaluation.
Sherrod refused and told Silver he was straight. The report indicated Silver got into bed and "turned his back toward Sherrod."
On the ride back to Michigan, Sherrod stated Silver hardly spoke to him. Silver left for a vacation. Sherrod told another officer "he had a bad feeling that he was not going to be around much longer," the report stated.
Silver took away Sherrod's city-issued vehicle and told Sherrod he would be working Saturdays and Sundays.
On June 5, the report continued, Sherrod was called into Silver's office and told that he was "done." Sherrod removed his personal effects from the department.
Field said Martin, not the police chief, ended Sherrod's employment. Martin has stated repeatedly he cannot comment on the case.
In November, Field said the city manager knew nothing of any sexual favors incidents.
"It had no bearing on the decision to terminate," said Field.
Gordon's evaluation stated that the city and Silver have not attempted to explain Silver's "sudden hostility toward Sherrod."
Sherrod is asking for his job back and for whatever losses he has incurred financially. Gordon's case evaluation reported Sherrod has applied for various positions in law enforcement but has had "no job offers and remains unemployed."
Each side has 21 days to accept or reject the panel's decision. If both sides do not accept, Gordon said, the case will move forward to trial, set in mid-May.
Contact staff writer Carol Hopkins at (248) 745-4645 or carol.hopkins@oakpress.com.
Click here to return to story:
http://www.theoaklandpress.com/stories/021408/loc_20080214258.shtml
OAKLAND COUNTY NEWS BRIEFS
Panel: Fired cop owed $300,000
February 10, 2008
An Oakland County Circuit Court panel recommended Thursday that Sylvan Lake pay a fired police officer $300,000 in damages in response to claims he was sexually harassed by Police Chief Mark Silver.
Officer James Sherrod claims Silver made inappropriate and sexually explicit comments to him, asking him in May to share his bed during a work-related retreat.Sherrod filed a lawsuit in June, shortly after he was fired, said his attorney, Deborah Gordon.
Silver remains on the job but has admitted in depositions to making inappropriate comments, Gordon said.
An attorney for the city did not return a call seeking comment.
"They really must think we have a good case," Gordon said of the court.
Both parties have 21 days to agree on the amount or go to trial, Gordon said.
Compiled by Korie Wilkins, Alex Kellogg and Gannett Newspapers.
Tuesday, February 5, 2008
Size of whistle-blower settlement was 'red flag,' legal expert saysPaul Egan / The Detroit News
DETROIT -- A prominent Bloomfield Hills employment lawyer says she was shocked by the size of the settlement the Detroit City Council approved for two former police officers when the city backed off a threat to appeal a $6.5 million jury verdict.
Lawyer Deborah Gordon, who has specialized in employment and civil rights law for 30 years and won numerous large judgments against municipalities, said the fact the city settled the case for $8 million was "a red flag" that something unusual had happened.
"It's totally unheard of," for a city to settle a jury award for 100 cents on the dollar, let alone an amount in excess of that, Gordon said. Even with interest and attorney fees, the $8 million figure was excessive, she said.
"There's only one reason they did that," Gordon said of city officials who approved what Wayne Circuit Judge Robert Colombo Jr. confirmed today was a confidential side agreement to settle the case.
"There was something incredibly scary that could happen and they were willing to pay taxpayer money to avoid the other shoe dropping."
Colombo, ruling in a case involving a lawsuit brought against the city by The Detroit News and the Detroit Free Press, today ordered the release of all the settlement documents connected with the police whistle-blower case, plus most of the transcript of a deposition of lawyer Michael Stefani, who represented the police officers and was questioned under oath by lawyers for the newspapers at a closed hearing last week.
It's believed the confidential settlement related to keeping secret records of explosive text messages exchanged between Detroit Mayor Kwame Kilpatrick and his former Chief of Staff Christine Beatty in 2002 and 2003.
The text messages contradict sworn statements by Kilpatrick and Beatty at the officers' trial last year that Kilpatrick and Beatty were not having an affair and that former officer Gary Brown was not fired.
Wayne County Prosecutor Kym Worthy is investigating whether Kilpatrick and Beatty should be charged with perjury or other crimes.
City council members have said they were unaware of a confidential side agreement and Gordon said she believes that.
"I have to assume the council was not advised of this because they wouldn't dare advise so many people, some of whom are not the mayor's political allies," Gordon said.
It's possible a fraud was perpetrated on the city council, either by city officials giving false information or by failing to give information that members of council would have wanted to know, she said.
Detroit general counsel Sharon McPhail said today the council was "absolutely" not defrauded. She said she could not discuss the issue in greater detail, citing ongoing litigation.
Gordon represented former 48th District Court clerk Michelle Horton, who in December 2006 won a $3 million federal jury verdict for wrongful dismissal. The News reported in August that Horton and Gordon settled the case for about $1 million to head off an appeal.
Gordon said the court got an especially large discount in that case because there was a governmental immunity issue that was a concern to Gordon if the case had been appealed. Typically, jury verdicts will be settled for 50 to 75 percent of the total award to head off an appeal, she said.
Detroit News staff writer Christine MacDonald contributed to this report. You can reach Paul Egan at (313) 222-2069 or pegan@detnews.com.
Has Detroit mayor exposed city to liability beyond Whistleblower case?
Kilpatrick's relationship with ex-chief of staff may have laid foundation for sexual harassment claimBy Melissa P. Stewart, Esq.
When news broke of the text messages that confirmed reports of an extramarital affair between Detroit Mayor Kwame Kilpatrick and then-Chief of Staff Christine Beatty, questions began to swirl.Among them: Had the mayor exposed the city to a potentially enormous liability by engaging in a sexual relationship with a subordinate?
According to Michigan's Elliott-Larsen Civil Rights Act, a claim for sexual harassment arises when unwelcome sexual advances become a condition of — or substantially interferes with — an individual's employment.
Given the nature of Kilpatrick's relationship with Beatty, as set out by the now infamous text messages, it seems a far stretch to claim the relationship was "unwelcome."
But, according to employment law specialist Andrey T. Tomkiw of Royal Oak, "Four percent of all consensual workplace romances result in some sort of sexual harassment complaint or litigation."
Though all of the facts surrounding the relationship have yet to shake out, "assuming their relationship was purely consensual, and that can be established, there is really very limited exposure to the city," he said.
"If Beatty says the relationship was not consensual, that's where the problems for the city begin," Tomkiw said.
In his estimation, however, such a claim is not out of the realm of possibility.
"It is [common] that once a relationship sours, one of the parties will claim they were just 'pretending' to consent to the relationship," he said.
And, should Beatty make such a claim, the city might have a difficult time disproving it, given that, typically, "you take a claimant at her word, because you don't know what her motivating factors really are," Tomkiw said.
To help insulate itself from liability, the Royal Oak attorney recommended the city take affirmative steps to remedy any potential flaws in its personnel policies.
"The city needs to conduct a full and thorough investigation from an employment law perspective to determine whether it has been exposed to any adverse actions," he said.
Beyond that, Tomkiw said, the city needs to determine "whether the mayor had engaged in any conduct [for] which corrective actions needs to be taken, while also ... taking affirmative steps to ensure that its harassment policies are not violated in the future."
Doing so, Tomkiw said, will allow the city to "assert an affirmative defense that it took certain steps to help the aggrieved individual."
But Bloomfield Hills attorney Deborah L. Gordon, who also specializes in employment law, said that such precautions are not necessary, in light of Beatty's recent resignation from her post as chief of staff.
"In order to have a sexual harassment case, Beatty would have to show she was involved in something unwelcome to her — unwelcome is key — and she was terminated because she either complained about it or refused to go along with it," Gordon said. "Neither [scenario] was the case here."
Rather, she said, "With her resignation, most of the possibilities [for a lawsuit] are removed, because she was not actually terminated."
If you would like to comment on this story, please contact Melissa P. Stewart at (248) 865-3105 or melissa.stewart@mi.lawyersweekly.com.
