January 2025 – Parks & Recreation - 30
LAW REVIEW
Plaintiff's " proposed amended allegations
state a claim " under the First
Amendment, in the opinion of the
federal district court.
through manipulation of performance
evaluation scores.
In her lawsuit, Plaintiff sought
back pay, reinstatement or front
pay, liquidated and compensatory
damages, as well as interest, fees
and costs. On April 23, 2024, the
federal district
Plaintiff's claims for " failure
court dismissed
to
state a claim upon which relief can
be granted. " In response, Plaintiff
petitioned the court to allow her to
amend her complaint and reconsider
her claims.
First Amendment
Retaliation
In the opinion of the federal district
court,
Plaintiff he had " hired a consultant
to conduct an investigation
with department staff about workplace
environment,
policies and
procedures. " Plaintiff and the town
manager then " discussed the need
for building staff back up and providing
training on improving communication,
building trust, diversity
and equity. "
On October 28, 2020, the town
manager met with Plaintiff and a
newly hired attorney for the Town.
At the meeting, the town manager
terminated Plaintiff's employment
with the Town, effective immediately,
on the basis of the following:
a. Inappropriate personal conduct,
demonstrated
inefficiency
or incompetence in the
performance of her duties;
30 Parks & Recreation |
J ANUAR Y 2 0 2 5 | PARK S ANDRECRE AT ION . OR G
b. Inappropriate personal conduct,
discourteous treatment
of the public or other
employees;
c. Inappropriate personal conduct,
failure to carry out
supervisory responsibilities
including failure to enforce
Town
policies
concerning
cash handling and use of
credit cards;
d. Detrimental personal conduct,
the functioning of the Town
may be or has been impaired;
e. Detrimental personal conduct,
public confidence in government
is
likely to be underf.
mined;
and
Detrimental
personal
conduct,
falsification of records
to grant special privilege
Plaintiff's " proposed
amended allegations state a claim "
under the First Amendment. In so
doing, the court referenced the following
legal standards bearing on
Plaintiff's First Amendment retaliation
claim:
[A] plaintiff must show that
(1) she spoke as a citizen on a
matter of public concern, rather
than as an employee on a matter
of personal interest; (2) the employee's
interest in her expression
outweighed the employer's interest
in providing effective and efficient
services to the public; and (3) the
employee's speech was a substantial
factor in the adverse employment
action.
In the proposed amended complaint,
the court found Plaintiff
had indeed
alleged new facts
" sufficient to give rise of an inference
that she spoke on a matter
of public concern, rather than
January 2025 – Parks & Recreation
Table of Contents for the Digital Edition of January 2025 – Parks & Recreation
January 2025 – Parks & Recreation - Intro
January 2025 – Parks & Recreation - Cover1
January 2025 – Parks & Recreation - Cover2
January 2025 – Parks & Recreation - 1
January 2025 – Parks & Recreation - 2
January 2025 – Parks & Recreation - 3
January 2025 – Parks & Recreation - 4
January 2025 – Parks & Recreation - 5
January 2025 – Parks & Recreation - 6
January 2025 – Parks & Recreation - 7
January 2025 – Parks & Recreation - 8
January 2025 – Parks & Recreation - 9
January 2025 – Parks & Recreation - 10
January 2025 – Parks & Recreation - 11
January 2025 – Parks & Recreation - 12
January 2025 – Parks & Recreation - 13
January 2025 – Parks & Recreation - 14
January 2025 – Parks & Recreation - 15
January 2025 – Parks & Recreation - 16
January 2025 – Parks & Recreation - 17
January 2025 – Parks & Recreation - 18
January 2025 – Parks & Recreation - 19
January 2025 – Parks & Recreation - 20
January 2025 – Parks & Recreation - 21
January 2025 – Parks & Recreation - 22
January 2025 – Parks & Recreation - 23
January 2025 – Parks & Recreation - 24
January 2025 – Parks & Recreation - 25
January 2025 – Parks & Recreation - 26
January 2025 – Parks & Recreation - 27
January 2025 – Parks & Recreation - 28
January 2025 – Parks & Recreation - 29
January 2025 – Parks & Recreation - 30
January 2025 – Parks & Recreation - 31
January 2025 – Parks & Recreation - 32
January 2025 – Parks & Recreation - 33
January 2025 – Parks & Recreation - 34
January 2025 – Parks & Recreation - 35
January 2025 – Parks & Recreation - 36
January 2025 – Parks & Recreation - 37
January 2025 – Parks & Recreation - 38
January 2025 – Parks & Recreation - 39
January 2025 – Parks & Recreation - 40
January 2025 – Parks & Recreation - 41
January 2025 – Parks & Recreation - 42
January 2025 – Parks & Recreation - 43
January 2025 – Parks & Recreation - 44
January 2025 – Parks & Recreation - 45
January 2025 – Parks & Recreation - 46
January 2025 – Parks & Recreation - 47
January 2025 – Parks & Recreation - 48
January 2025 – Parks & Recreation - 49
January 2025 – Parks & Recreation - 50
January 2025 – Parks & Recreation - 51
January 2025 – Parks & Recreation - 52
January 2025 – Parks & Recreation - 53
January 2025 – Parks & Recreation - 54
January 2025 – Parks & Recreation - 55
January 2025 – Parks & Recreation - 56
January 2025 – Parks & Recreation - Cover3
January 2025 – Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2025
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com