Ronan settles two, faces two more lawsuits
City of Ronan settles two employment lawsuits
Hey savvy news reader! Thanks for choosing local.
You are now reading
1 of 3 free articles.
City of Ronan settles two employment
lawsuits
RONAN – In late June the City of Ronan quietly settled two lawsuits brought by former employees for wrongful discharge, though a confidentiality agreement bars any city employee from talking about the exact details of what happened in either case.
“They were both settled on mutually agreeable terms, but there are confidentiality agreements in each of those,” City Attorney Kathleen O’Rourke Mullins said. “We all understand there are public laws of disclosure, but as individuals working for the city we are bound to the terms of the agreement. It’s not just me. It is everybody working for the city.”
In a lawsuit filed in July 2014, longtime Parks and Recreation Director Jennifer Rolfsness alleged the last two years of her employment were rife with internal personnel conflict that ultimately led to her dismissal on September 30, 2013.
Despite serving since 1999 and receiving rave performance reviews from a former supervisor, the lawsuit claims things took a turn toward conflict on March 30, 2011, when Rolfsness filed a complaint with members of the Ronan City Council against City Clerk Kaylene Melton.
Rolfsness claimed a Native American deliveryman was racially discriminated against when Melton denied him access to the city’s restroom.
In response to Rolfsness’s complaint, Mayor Kim Aipperspach issued Rolfsness a disciplinary memo for breaking the chain of command by reporting the problem to city council, instead of her immediate supervisor. The memo also reprimanded Rolfsness for “derogatory accusations” and “inability to get along with the city clerk,” the suit claims.
A little less than one year later, the city promoted Dan Miller to public works director in February 2012. The lawsuit claims Rolfsness was pulled from storm water and bicycle path projects and replaced by a male colleague shortly thereafter.
Miller and Rolfsness also butted heads over the Ronan Park Master Plan, and Miller “engaged in a campaign of harassment and intimidation against Rolfsness,” the lawsuit alleges.
In October 2012, Miller proposed cutting Rolfsness’s position as a budget-saving measure. After overwhelming support from the community at a city council meeting, council members voted 4-3 to keep the position.
But on Jan. 3, 2013, Rolfsness was stripped of her official title and demoted to “parks maintenance worker,” though she continued to perform the same duties.
In spring 2013 Rolfsness submitted a $255.50 invoice for Earth Day celebration expenses. On May 14, 2013, Melton issued a check for the amount with “stupid s—t” written in the description.
In June and July 2013, Miller issued three disciplinary notices to Rolfsness for alleged comments made at a city council meeting, failing to properly post notice of park board meetings, and allowing a community service person to work in the park. Rolfsness contested all of the notices.
The notice of settlement filed in court does not give details as to which, if any of the allegations or true, or what the remedy was. The notice does note that the settlement was reached on June 24 after 13 hours of negotiation. Each party in the suit was ordered to pay its own attorney fees.
In a separate case resolved June 26, a former Ronan Police Chief dismissed a case with prejudice, contingent upon a settlement agreement.
John Mitchell claimed the Ronan City Council violated public meetings laws and employee policy requirements when he was demoted and fired in 2014.
The lawsuit claimed Mitchell was a model employee who never received a written reprimand and had favorable personnel performance reviews while he served first as a reserve officer beginning in 2008, and as a full-time officer beginning on Sept. 10, 2012.
Mitchell was hired as police chief Jan. 21, 2014 after legal and competence problems led to the dismissal of two chiefs of police in the six months prior to Mitchell’s promotion.
Mitchell’s complaint claimed he was punished for conducting a thorough background check into a newly hired officer’s former employment. The officer cast Mitchell into a derogatory light to Mayor Kim Aipperspach and the Ronan City Council, until a point where Mitchell was demoted on April 22, the lawsuit claimed.
According to the suit, at that time all officers were verbally placed in equal standing and Aipperspach then proclaimed himself to be chief of police, in alleged violation of personnel policy.
A May 13, 2014 note to city officials reduced Mitchell’s pay from $19 per hour to $13 per hour. Mitchell then took a medical leave of absence. When he was cleared for light duty, he was allegedly not allowed to come back to work.
On Sept. 16 Mitchell received a handwritten letter from the mayor terminating employment. No reason for termination was made and there was no mention of a grievance process. On Sept. 25 Mitchell said he received another letter from an attorney, terminating employment.
“The letter stated the cause of termination consisted of ‘deceit and dishonesty,” Mitchell’s attorney wrote in the complaint.
No appeal form or grievance process was given, according to the complaint.
On September 25, 2015 Mitchell was told by a city official that the city council held an executive session meeting to terminate his employment on Sept. 8, though the public notice for the meeting did not include it on the agenda.
The complaint alleged the Ronan City Council met in a quorum that did not provide proper public notice or allow Mitchell the right to waive his right of privacy.
“It is not known what was discussed in this September meeting, nor is it known whether testimony or statements were taken because Mr. Mitchell is without record of any such meeting,” the complaint claimed. “It is further unknown what other topics that affect the City were brought up or how often this occurs.”
The paperwork wrapping up the lawsuit does not say which allegations, if any, are or are not true.
Family files suit against police
department in suicide
RONAN – The Ronan Police Department is being sued by the family of a man who committed suicide moments after being returned home from a DUI processing in 2012.
The wife of Greg Avila is seeking damages in Lake County District Court for the alleged wrongful death of Avila on June 23, 2012. Avila was a 2008 graduate of Ronan High School who served two tours of duty overseas in the Marine Corps before being honorably discharged on June 4, 2012. He died on June 23, 2012.
According to the lawsuit, former Ronan Police Officers John Mitchell and Mark Fiorentino took a statement from Avila’s wife at 3:05 a.m. the day of the death where the wife reported that Avila had told her that “he just wanted to die” not long before crashing his pickup truck into a power pole.
The officers investigated the crash as a DUI. The investigation was handed over to Flathead Tribal Police and the statement about Avila’s suicidal statements were given to tribal investigators because Avila told officers he was an enrolled tribal member.
After Tribal Officers began processing Avila for DUI at 3:17 a.m. and determined he had a .168 Blood Alcohol Concentration, they learned he was not an enrolled tribal member and Avila was returned to officer Mark Fiorentino.
Fiorentino dropped Avila off at a private residence at 5:40 a.m. At 5:55 a.m. a woman contacted emergency dispatch to notify authorities that Avila had just shot himself in the head.
The lawsuit names the City of Ronan, the Ronan Police Department, Mitchell, Fiorentino, and officer [Joseph "Jody" Steele - name corrected by editor, incorrect person named in lawsuit] as responsible and negligent in Avila’s death.
“The Defendants, each of them, were negligent in, among other things, failing to have Greg evaluated by a medical professional when they knew or had reason to know that Greg was impaired by alcohol, was arrested for attempting suicide, and had made suicidal statements to his wife who informed at least three police officers of the statements,” the suit claims. “And failing to take seriously and ignoring the communication of Greg in (the wife’s) statement documenting suicidal statements, which each officer had notice of, that he was suicidal; and failing to take any measures whatsoever to prevent Greg’s death.”
The lawsuit asks for a jury trial to determine damages in the case. Ronan City Attorney Kathleen O’Rourke Mullins said that she had no knowledge of the suit as of July 2. It was filed June 17.
Ronan Police
employment case moves forward
RONAN – A lawsuit filed against the City of Ronan, Ronan Police Department, Mayor Kim Aipperspach and former Police Chief Dan Wadsworth in 2012 is moving forward.
Former Ronan Assistant Chief of Police Art Walgren first brought the case in 2012, saying he was wrongfully terminated from the department.
In an amended complaint filed in April 2015, Walgren says he was hired by the department on Oct. 2, 2006 and was promoted to assistant police chief within nine months.
“During the course of his employment, Walgren observed and/or learned of officer misconduct including sexual intercourse with a guest ride-along, disputes between officers, falsifying information provided to the state of Montana and violations of hospital patient confidentiality and privacy on officers on shift,” the complaint alleges.
When Walgren reported the case of officers checking charts of hospital patients not under investigation to Wadsworth, Wadsworth removed Walgren from the case and did not punish the officers, the complaint claims.
Walgren believes he was demoted on March 9, 2011 for four months to patrolman status, possibly because he cooperated with a Montana Public Officer Safety and Training Council investigation into the department. The investigation eventually led to Wadsworth being stripped of his law enforcement certifications in July 2013 for letting his son Trevor work as an officer without being properly certified. Wadsworth, and all but one of his staff, have since been fired or replaced. The city government and Wadsworth are jointly facing a federal class action lawsuit in the case.
Walgren claims he had no other disciplinary actions on file when he was suspended and discharged in early August 2011. In a taped September 2011 meeting with an attorney present Walgren asked why he was being fired or asked to resign and Wadsworth did not present a reason, the lawsuit alleges.
“Walgren was discharged from employment in retaliation for cooperating with POST investigators for the State of Montana,” the suit claims. “Walgren was discharged from his employment in retaliation for refusal to violated public policy and for his reporting of his employer’s violations of public policy.”
Walgren asks for four years of lost wages, with interest in addition to costs of obtaining new employment. He asks for attorney’s fees and for punitive damages to be assessed to Wadsworth to prevent future misconduct.
In a response filed June 9 Wadsworth denies the allegations, asks for dismissal and that he be awarded attorney’s fees.
Representation for Mayor Kim Aipperspach also filed a response last week denying the allegations.
