Additional claim filed with city of Fairhope

Former public works director seeks $100,000 in damages for mayor's actions against her

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Former Fairhope Public Works Director Jennifer Fidler has filed a $100,000 damages claim with the city stemming from her February firing which includes references to the alleged assault made by Mayor Karin Wilson on Fairhope Human Resources Manager Pandora Heathcoe which she witnessed.
The Courier submitted a public records request for the claim on July 12, but was denied the records by city officials.
A confidential source has supplied The Courier with the notice of claim filed with the city on July 7. The notice of claim redacted the name of a civilian volunteer serving the city on its Personnel Board who was present at some referenced events.

The notice of claim

In the claim, Fidler wrote about a January 11 meeting that took place with her, Wilson, Heathcoe and a member of the city’s Personnel Board whose name was redacted.
“Mayor Wilson immediately confronted me with information that she had been advised of statements that had been made to others regarding an event that occurred between the Mayor and Ms. Heathcoe during a meeting in December 2016,” Fidler wrote. “She went on to state that the rumors were that she had placed her hands on Ms. Heathcoe’s upper body and physically shaken her. The Mayor inquired if I knew about these statements. She instructed me that it was inappropriate for me as a city employee to share any information regarding what had taken place and went further to direct me to make no further comment to anyone about what occurred.”
Fidler then wrote she was then addressed by the personnel board member.
“City Personnel Board member (name redacted) follow the Mayor’s comments with his own, advising me that sharing anything about what happened would be harmful to the relationship between the Mayor and the City Council,” Fidler wrote. “(Name redacted) went on to state that I should only share information that would be supportive of the Mayor.”
Fidler wrote Wilson then spoke again.
“The Mayor followed (name redacted)’s comments by continuing to downplay what took place in December with Ms. Heathcoe, gesturing with her two hands raised out in front of her what she had done and that what had taken place was not an issue and should not be a problem,” Fidler wrote. “She asked Ms. Heathcoe to affirm the same, which Ms. Heathcoe did.”
Fidler then responded to Wilson.
“Not knowing how to react, I affirmed that I understood and that I would not state anything further about what happened between the Mayor and Ms. Heathcoe,” Fidler wrote. “I also affirmed for both the Mayor and (name redacted) that I wanted to support the Mayor and that I wanted her administration to be successful.”
Fidler wrote the mayor and personnel board member acknowledged her comments and response.
Fidler wrote she received no other communications from Wilson regarding the matter until she received a copy of her personnel file in April 2017.
“A termination form was included in my personnel file, signed by the Mayor,” Fidler wrote. “The form stated my employment was being terminated by Mayor Wilson on or about April 5, 2017; the reason for termination was marked as ‘Other.’ The form states that further explanation for termination is required if ‘Other’ is marked. The only document in my personnel file that had any connection to Mayor Wilson was an undated ‘Record of Conversation,’ a copy of which is attached to this Notice of Claim.’

The Conversation Record
The conversation record attached to the claim notes two incidents, one that occurred “sometime (sic) in later November 2016” and the Jan. 11 meeting Fidler references in her claim.
Of the November 2016 meeting, Wilson wrote in the conversation record:
“Sometime (sic) in late November 2016, I met with Jennifer Fidler, Public Works Dir (sic) concerning several issues and projects within the City community that she was working on.
“At that time, Pandora Heathcoe, Human Resource Director entered my office which at that time she and I began discussing the hiring of Lynn Maser as part-time administrative assistant.
“Pandora explained this particular position did not exist on the compensation study therefore it would need to be added by City Council.
“I explained to her the court order which states I can hire a transition team which Pandora replied the dollars also need to be added to the budget.
“I became agitated and told Pandora to get it accomplished. I also placed my hand on Pandora’s shoulder. After Pandora left, Jennifer and I continued our meeting.
“Sometime (sic) after that, I was approached by two different people addressing some concerns that my conversation with Pandora could be construed as creating a hostile work environment.”
Of the Jan. 11 meeting, Wilson wrote in the conversation record:
“I requested a meeting with Pandora Heathcoe and Jennifer Fidler but also had (name redacted) from the personnel board present as well.
“I discussed being approached by two others concerning my brief meeting with Pandora.
“I explained that type of perception can’t be voiced out within the City.
“At that time, Jennifer admitted to repeating the incident and her concerns to others while in a previous meeting at City Hall.
“She apologized for repeating the information to others and stated it would to happen again in the future.”

Fidler’s response to the conversation record
Fidler wrote she had never seen the document before receiving her personnel file in April 2017.
“I had never seen this document before I received a copy of my personnel file in April of 2017 and was never given notice or opportunity to review or respond to this document or its contents,” Fidler wrote. “It appears that this ‘Record of Conversation’ is the ‘other’ basis for my termination from my city employment.”
Fidler goes on to say that since her firing on Feb. 24, public claims had been made by Wilson about her termination.
“Mayor Wilson has continued to make oral and written statements about my termination from employment by the City,” Fidler wrote. “These comments have implied that I was terminated by the Mayor for cause.”
Fidler also disputes several of the claims made in the record of conversation.
“I was never advised by the Mayor, (name redacted) or Ms. Heathcoe that I was being disciplined on January 11, 2017 or that a personnel file notation would be made about what took place on January 11, 2017,” Fidler wrote. “I disagree with the content of the Mayor’s ‘Record of Conversation’ or that the events in December 2016 or January 2017 were confidential in nature. I was never told that my subsequent termination was due to these events until I learned this ‘Record of Conversation’ had been placed in my personnel file some time after January 11, 2017 and the creation of the termination document signed by the Mayor on April 5, 2017.”

‘I had no remedy or avenue for assistance’
Fidler then wrote to officially notify the city of what she said had been done to her.
“The Mayor has used her office to prevent disclosure of her physical shaking of Pandora Heathcoe in December 2016 and has subsequently terminated my city employment under a cloud of alleged wrongdoing or cause for my termination when none exists,” Fidler wrote. “The Mayor has used her office for her personal benefit to stop my comments and rights to speak out.”
Fidler goes on to say Wilson’s actions violate state ethics laws, her state and federal constitutional rights and her rights “as protected by both federal and state civil rights and whistleblower laws.”
Fidler adds that the unnamed Personnel Board member “acted in concert with the mayor by chilling my state and federally protected rights as outlined above.”
Fidler wrote the the mayor and Personnel Board member, acting both individually and collectively, had acted to deprive her of rights protected by the city’s policies and procedures.
“I had no avenue to file a grievance or request protection from the City, its agents or employees, regarding the Mayor or (name redacted),” Fidler wrote. “No process for fair treatment or due process remained for me within the City based on Wilson and (name redacted)’s comments and actions.”
Fidler wrote the Personnel Board member’s appearance at the meeting made her feel the Personnel Board would not be of assistance to her in the matter.
“The City Personnel Board is charged with the fair processing of city employees’ claims and grievances,” Fidler wrote. “(Name redacted)’s presence, his actions and his comments on January 11, 2017, in support of Mayor Wilson’s inappropriate comments and actions clearly sent a message to me that I had no remedy or no avenue for assistance if I chose to report the Mayor’s actions any further.”
The Courier called Mayor Wilson for a comment on this story, and she declined to comment.