Schmidli v. City of Fraser
| Decision Date | 22 March 2011 |
| Docket Number | Case No. 08–12949. |
| Citation | 784 F.Supp.2d 794 |
| Parties | Sherry SCHMIDLI, Plaintiff,v.CITY OF FRASER, a Michigan Municipal Corporation, Fraser City Council, Fraser Public Library Board of Directors, Jeffrey A. Bremer, Pamela J. Lavers, Moe Geromette, William A. Morelli, Dan Accavitti, Sandra M. Caolia, Barbara Jennings, John A. Sexhauer, Janice A.B. Wilson, Linda Champion, Dee Laramie, Mary Jean Richter, Kevin Samov and Joseph Vengalil in their official and individual capacities, Jointly and Severally, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
OPINION TEXT STARTS HERE
Francyne B. Stacey, Pear, Sperling, Ann Arbor, MI, Laura A. Rickloff, Pear, Sperling, Ypsilanti, MI, for Plaintiff.
Peter W. Peacock, Plunkett & Cooney, Mount Clemens, MI, for Defendants.
ORDER (1) GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND (2) DISMISSING THE ACTION
On July 10, 2008, Defendants removed this case from the Macomb County Circuit Court to this Court on the basis of federal question jurisdiction arising out of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2611, et seq., claim. (Dkt. No. 1). Sherry Schmidli (“Plaintiff”) filed an Amended Complaint on January 21, 2010. (Dkt. No. 34). This Complaint named the following as Defendants: the City of Fraser, Fraser City Council, Fraser Public Library Board of Directors, Jeffrey A. Bremer, Pamela J. Lavers, Moe Geromette, William A. Morelli, Dan Accavitti, Sandra M. Caolia, Barbara Jennings, John A. Sexhauer, Janice A.B. Wilson, Linda Champion, Dee Laramie, Mary Jean Richter, Kevin Samov, and Joseph Vengalil (collectively, “Defendants”). Defendants filed an Answer to the Amended Complaint on February 9, 2010. (Dkt. No. 35).
Plaintiff claims that she was wrongfully terminated from her position as the Director of the Fraser Public Library. Specifically, Plaintiff makes the following claims:
Count I: Violation of the Michigan Whistleblower Protection Act, Mich. Comp. Laws § 15.361, et seq. ;
Count II: Violations of the FMLA;
Count III: Violation of the People with Disabilities Civil Rights Act;
Count IV: Defamation;
Count V: Gender discrimination in violation of the Michigan Elliot–Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101, et seq.
On September 21, 2010, Defendants filed the instant Motion for Summary Judgment. (Dkt. No. 39). Plaintiff was granted more time to file her Response, which she did file on December 3, 2010 (Dkt. No. 45). Defendants replied on January 4, 2011 (Dkt. No. 46). Oral argument was held on February 16, 2011.
For the reasons stated below, the Court will grant Defendants' Motion and dismiss all claims with prejudice.
Plaintiff was hired as the full-time Director of the Fraser Public Library in January 2005. Plaintiff's initial year as Director was, by all accounts, successful. In a memorandum dated June 2, 2006, the City Manager, Defendant Jeffrey A. Bremer, described Plaintiff as “demonstrat[ing] extensive professionalism in the Library.” . Defendant Bremer also stated that Plaintiff's “enthusiasm is infectious and drive is extremely high.” Id. Defendant Bremer further stated in his 2006 evaluation, “Overall your performance has been excellent and your continued dedication is appreciated.” Id. Defendant Bremer admits that, overall, the use of the library and participation in library events increased during Plaintiff's tenure, although this increase may be partly attributable to the closure of another nearby public library:
Q. When Ms. Schmidli was the library director do you know if attendance or use of the library increased by the public, for example?
A. Oh, I believe that overall the attendance at the library increased, yes.
Q. And do you know if the resources were increased or better?
A. There was no formal report that was submitted annually relative to statistics.... But it's clear from discussions with the current staff and it was clear from discussions with [Plaintiff] that, yes, the volume was up. The materials that were being lent out were more. The number of patrons utilizing the library were up in part because the Warren branch closed down. But for the most part, yes, that's correct. The participation and use was up.
(Defs.' Mot. Ex. E–Bremer Dep. at 56–57).
Subsequent to the 2006 evaluation, significant issues, discussed infra, arose with regard the Plaintiff Schmidli's conduct.
At various times during her tenure as Director, Plaintiff expressed to Defendant Bremer that she believed the Fraser Public Library was governed by the Fraser Public Library Board. Plaintiff specifically noted her belief that her “boss” should be the Library Board, not Defendant Bremer. Defendant Bremer, on the other hand, believed that he was Plaintiff's immediate supervisor and that she was required to report to him.
A. Well, what I recall is there was a complete insistence that she did not report to me, that the library board somehow and through some fashion was the absolute governing board to make decisions relative to all aspects of the library, insistently despite the fact that I answered her verbal question and told her that the library board did not have the authority that she suggested.
Plaintiff also expressed to Defendant Bremer her belief that a special library millage previously passed by voters in 1963 was not being utilized within the library's budget. One of Defendant Bremer's responsibilities was to prepare a proposed city budget, including the budget for the library. (Bremer Dep. at 10–11). Defendant Bremer provided his proposed budget to the department heads in case they had “changes or modifications.” (Bremer Dep. at 11). However, Defendant Bremer never investigated or ordered an investigation of the governance or millage issues beyond his own review of city council minutes.
Plaintiff did investigate these issues, specifically by submitting them for an independent review by an attorney. (. The attorney's review indicated the following:
Based on Act 164 [M.C.L. § 397.205], the Fraser Public Library Board has the “exclusive control” of the library fund, ... and has the power to appoint the Library Director and library employees. .... However, due to the “exclusive control” that the Library Board exercises over the library fund under Section 5 of Act 164, the Attorney General has concluded that the City Council may not determine or modify the total amount of the library budget. OAG No. 6924 (December 4, 2996). Instead, the Library Board alone has the authority to determine the annual budget of the library.
(Letter at 4). Regarding the millage issue, the attorney concluded that “[i]t could be argued that the voter approved millage is still valid[,]” but that this could require some changes to the Library Board. (Letter at 2).
Plaintiff attended a meeting in January 2007 in which concerns of various staff members were expressed. Most of the Fraser Library staff attended this meeting. (Defs.' Mot. Ex. D–Lavers Dep. at 50–51, 53). The discussion at the meeting mainly involved the safety and welfare of the library employees (Lavers Dep. at 54), but there were also concerns with Plaintiff's management and behavior that were addressed at the 2007 meeting.
Q. What happened? How did the meeting end?
A. The concerns were heard, we talked with Sherry and the union and all of us at the table ironed out the majority of the concerns, or at least attempted to, and made some changes and some we didn't make changes.
Q. Why did you make changes on some things and not on others?
A. Some of them was [sic] management rights of how we schedule and things of that nature and we explained them. And I don't know, it's kind of hard to remember. I don't remember all the specifics that was discussed.
Q. If it's a management rights issue, then that means the director has the right to make decisions in that area, correct?
A. Right.
[....]
Q. So at that time would it be accurate to say that you still thought Ms. Schmidli was an excellent employee?
A. Yes. That was the start of them raising the issues. That was the start of our concerns. That started coming forward.
Around December 2007, various complaints about Plaintiff were presented to Defendant Lavers by the union steward. These complaints described various strange and unprofessional behavior that Plaintiff had allegedly engaged in. The staff complaints about Plaintiff included: (1) claims that she attempted to have professional conversations with library staff using a seal puppet, (2) that Plaintiff worked in front of library employees wearing a brassiere as a top garment, (3) that Plaintiff asked employees to spy on each other, (4) that Plaintiff discussed her sex life with library staff, and (5) that Plaintiff harassed, belittled and yelled at library employees. (Defs.' Mot. Ex. I–Confidential Memo).
Although these complaints were submitted to the union steward, no grievances were ever filed against Plaintiff. (Lavers Dep. at 87). The complaints were also not signed by any library employees. (Lavers Dep. at 46–47). Still, Plaintiff was aware of the complaints and admitted that she expected her staff to file a grievance regarding her behavior as the Library Director as early as December 2007. (Defs.' Mot. Ex. B–Schmidli Dep. at 125, 148–49).
Defendant Lavers testified that she investigated and verified these claims by talking to all but two of the library employees. (Lavers Dep. at 47). Defendant Lavers was unable to recall any dates for the incidents, or any details of her discussions with employees about the incidents, or any of Plaintiff's responses to the incidents. (Lavers Dep. at 59–68).
On January 4, 2008, after Defendant Lavers' investigation, Plaintiff met with Defendants Lavers and Bremer. (Lavers Dep. at 57). At this...
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