Brandenburg v. Housing Authority of Irvine

• Decision Date: 02 February 2001
• Docket Number: 99-6396,Nos. 99-6303,s. 99-6303
• Citation: 253 F.3d 891
• Parties: (6th Cir. 2001) Christine Brandenburg, Plaintiff-Appellant/Cross-Appellee, v. Housing Authority of Irvine; Perry Meade, Individually and as Commissioner and Chairperson of the Housing Authority of Irvine; Jane Bryant, Tom Williams, Glenn Cox, and Hugh Hamilton, Individually and as Commissioners of the Housing Authority of Irvine, Defendants-Appellees/Cross-Appellants. Argued:
• Court: U.S. Court of Appeals — Sixth Circuit

Page 891

253 F.3d 891 (6th Cir. 2001)

Christine Brandenburg, Plaintiff-Appellant/Cross-Appellee, v. Housing Authority of Irvine; Perry Meade, Individually and as Commissioner and Chairperson of the Housing Authority of Irvine; Jane Bryant, Tom Williams, Glenn Cox, and Hugh Hamilton, Individually and as Commissioners of the Housing Authority of Irvine, Defendants-Appellees/Cross-Appellants.

Nos. 99-6303, 99-6396

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Argued: February 2, 2001

Decided and Filed: June 6, 2001

Appeal from the United States District Court for the Eastern District of Kentucky at Lexington, . 98-00157, Karl S. Forester, Chief District Judge.

Anne M. McMillin, Charles D. Ewing, GARDNER, EWING & SOUZA, Louisville, Kentucky, Heidi B. Engel, Charles E. Johnson, JOHNSON & ENGEL, Winchester, Kentucky, for Appellant.

Jeffrey C. Mando, ADAMS, STEPNER, WOLTERMANN & DUSING, Covington, Kentucky, for Appellees.

Before: DAUGHTREY and GILMAN, Circuit Judges; COLLIER, District Judge. ^*

OPINION

CURTIS L. COLLIER, District Judge.

Christine Brandenburg, former Executive Director of the Housing Authority of Irvine, Kentucky, brought suit pursuant to 42U.S.C. § 1983, claiming Defendants-Appellees Hugh Hamilton, Glenn Cox, Tom Williams, Jane Bryant, Perry Meade, and the Housing Authority (collectively "HAI") violated her First and Fourteenth Amendment rights by retaliating against her for engaging in protected speech. Plaintiff-Appellant also alleged various state law violations. Brandenburg and the HAI filed cross motions for summary judgment on June 30, 1999. In an order entered August 30, 1999, the district court granted the HAI's motion for summary judgment and denied Brandenburg's motion, concluding that, although Brandenburg had engaged in protected speech, the HAI's interest in the efficient provision of public services outweighed her interest in speaking.

Both parties filed timely notices of appeal to this court. On appeal, Brandenburg argues the district court erred in granting the HAI's motion for summary judgment with respect to her federal claims, dismissing her state law claims, and denying her motion for summary judgment. The HAI appeals that part of the district court's order holding Brandenburg engaged in speech protected by the First Amendment. We have jurisdiction over both appeals pursuant to 28 U.S.C. § 1291. For the following reasons, we AFFIRM the decision of the district court.

I. BACKGROUND

A.Factual Background

The HAI, a government organization created by Kentucky law, is responsible for planning and management of public housing in Irvine, Kentucky. The United States Department of Housing and Urban Development ("HUD") subsidizes and regulates the HAI, which is governed by a Board of Directors ("Board"), each member of which is appointed by the Mayor of Irvine. Brandenburg worked for the HAI from 1981 until her resignation on July 15, 1998. At the time she resigned, Brandenburg was the Executive Director. According to her job description, Brandenburg acted as the "Chief Administrative Officer and Secretary-Treasurer of the Housing Authority" and was responsible "for the management of all Housing Authority activities as outlined by the Board of Commissioners, State and Federal Legislations [sic], and Department of Housing and Urban Development Regulations." In addition to management of the HAI's housing units, Brandenburg was charged with execution of "the decisions and policies of the Board of Commissioners." She also kept the "Board of Commissioners informed in matters required for compliance" with applicable laws and regulations.

Brandenburg's position as Executive Director required her to work closely with the Board. In-fighting and dysfunction were therefore the seemingly inevitable consequences when tension began to manifest in 1992 between Plaintiff-Appellant and Orville Perry Meade, a local businessman who had recently joined the Board. The HAI alleges Brandenburg became confrontational, hostile, and would sometimes shout at Meade. During the course of this litigation, the HAI has also accused Brandenburg of various other improprieties, including the unauthorized purchase of a van for the HAI. Although Brandenburg denies all of these allegations and disputes the HAI's characterization of her relationship with the Board as "contentious," the record indicates, at the very least, Meade, who was appointed Chairman in 1994, was not satisfied with her performance.

For example, one of Brandenburg's duties as Secretary-Treasurer was taking minutes at every Board meeting and delivering them to each Board member before the next meeting. According to Meade Brandenburg's minutes frequently contained errors and omitted the Board's instructions to her. Meade also claimed Brandenburg often failed to prepare the minutes in a timely fashion. Eventually, the Board removed Brandenburg as Secretary on January 16, 1996 and replaced her with another Board member.

Two controversies in particular led to the deterioration of Brandenburg's relationship with the Board in general and Meade individually. First, in 1994, shortly before Meade was appointed Chairman, Brandenburg became concerned about a possible conflict of interest on his part. Meade owned other apartments in town that, in Brandenburg's opinion, competed with HAI properties. He also owned a local hardware store with which the HAI occasionally did business. HUD quickly waived the second conflict, and the HAI continued to periodically purchase materials from the store.

Brandenburg contacted Robert Kuhnle, the Chief Counsel for HUD in Louisville, regarding the possible conflict arising out of Meade's ownership of allegedly competing properties. Kuhnle's response was inconclusive, so Brandenburg then wrote a letter to the Kentucky Attorney General's office to ask for advice on the matter. Thomas Emerson, the Assistant Attorney General who responded to Brandenburg's request, concluded, based on the facts as presented by Brandenburg, a conflict of interest did exist, but he suggested the matter should be resolved by the Board. The Mayor and the Board did not receive notification of Brandenburg's communication with the Attorney General's office until late in 1994.

At the Mayor's request, Mike Moreland, the HAI's attorney, investigated Brandenburg's allegations in late October 1994. Around the same time, Brandenburg gave a copy of Emerson's letter to Mary Ann Russ, another HUD official, who concluded without further investigation that a conflict of interest mandating Meade's resignation did in fact exist. Moreland, however, determined no conflict existed and expressed this opinion in a letter to Russ. On April 15, 1995, the Board adopted Moreland's letter as the unanimous opinion of the HAI. Subsequently, Kuhnle responded to that letter, stating HUD was not of the opinion a conflict existed and that the Department would no longer involve itself in the matter.

The second major flashpoint in Brandenburg's relationship with the Board involved a proposed renovation and redesign of certain HAI public housing units. Early in 1996, the HAI decided to completely renovate the largest of the HAI housing sites at Hickory Hills. To fund the proposed renovation, the HAI had to apply for money through HUD's Comprehensive Improvement Assistance Program ("CIAP"). As part of the application process, several HUD officials visited Hickory Hills. HUD subsequently recommended the HAI should demolish several of the buildings altogether instead of attempting a complete renovation. The HUD officials apparently believed the tightly compacted buildings were problematic for several reasons and had further concluded, because there were always several vacancies at Hickory Hills, demolition would displace few, if any, residents. Additionally, HUD recommended the HAI management office, which had been located at one of the smaller housing sites, be moved to Hickory Hills. Brandenburg openly opposed both suggestions. Her opposition to moving the management office was apparently related to an alleged shortage of parking at the Hickory Hills location. Nevertheless, the Board adopted HUD's proposals.

In September 1997, Beth Curlin, a reporter for The Citizen Voice & Times, Irvine's local newspaper, contacted Brandenburg about the Hickory Hills project. The two women discussed the demolition proposal, and Brandenburg expressed her displeasure with what HUD and the Board had planned for Hickory Hills. Brandenburg also provided Curlin with the correspondence related to Meade's alleged conflict of interest. Carlin then contacted Meade and gave him an opportunity to respond to Brandenburg's comments. At the next Board meeting, on September 23, 1997, Meade brought up his conversation with Curlin. The Board decided to convene a special meeting one-week later, following an arranged meeting with Meade, another Board member, and Curlin. During the September 30 meeting, the Board unanimously reprimanded Brandenburg "for a lack of cooperation and adversarial approach to the Board and its members." The Board further warned Brandenburg "any continuation of this adversarial approach may result in [her] suspension or dismissal."

Shortly after the reprimand, on October 9, 1997, The Citizen Voice & Times published an article with the headline: "Demolitions, a new beginning for Hickory Hills?" Above the article was a large picture of Brandenburg pointing to one of the buildings scheduled for demolition. Brandenburg had been quoted throughout the article as being critical of the demolition plans, and she referred to the move of the management office as "a waste of taxpayers [sic] money." The article also discussed Brandenburg's concern over Meade's alleged conflict of interest. Apparently, Brandenburg told the newspaper "[u]ntil Mr. Meade's last units were built we didn't have a lot of vacancies." Following the article's publication, at the very next Board meeting, the Board...