“Court OKs city’s firing of disabled employee”

Court OKs city’s firing of disabled employee

Posted: 12 Feb 2011 06:15 AM PST

The Iowa Court of Appeals Wednesday affirmed a district court decision finding that the city of Ames acted legally when it fired a man who could no longer perform his job and who later sued the city, alleging discrimination and retaliatory dismissal.

Michael Butterfield worked for the city from February 1999 to April 2009 as an instrument and control technician in Ames' electrical services department. The job, according to the job description cited by the court, included "being exposed to extreme heat, noise, vibration, mechanical hazards, electrical hazards, chemical hazards and atmospheric conditions that affect the respiratory system."

Butterfield suffered from several chronic medical conditions during his time with the city, including asthma, osteoporosis, degenerative arthritis, spinal stenosis and sinusitis, which required intermittent leave from his job. But by the end of 2008, Butterfield's illnesses had grown more severe, and on Dec. 19, 2008, he went through surgery for a hernia repair.

Butterfield's doctors told the city his illnesses would severely affect his ability to do his job without restrictions. By early 2009, city staff told Butterfield they weren't sure he could continue to do his job and scheduled him for a fitness-for-duty examination.

The examination found Butterfield wouldn't be able to go back to his job as it was and he could only return to work if the city made accommodations to fit his disability. A city disability review committee found no reasonable accommodations would allow Butterfield to resume his post, and he was dismissed on April 30, 2009.

Butterfield appealed the action with the district court, which found in favor of the city. The Court of Appeals decision backs up the earlier verdict, finding that Butterfield's maladies were too extensive to allow him to return to work.

Butterfield's case took on a new dimension after his appeal in 2009, however. In October 2010, Butterfield filed a civil suit against the city, alleging disability and Family Medical Leave discrimination and claiming the firing was done in retaliation for his involvement in the Iowa State Auditor Office's investigation into the city in 2009.

The investigation was sparked by citizen complaints to the State Ombudsman's office in 2007.

Butterfield claimed in his suit he was involved in the disclosure of documents and information to the state auditor before and during their investigation. The auditor's report, which identified several issues regarding a contract with Sega, Inc., an engineering company headquartered in Stilwell, Kan., for a combustion turbine generator, was released about a month before Butterfield was fired.

The auditor's report alleged several issues with the contract with Sega for the turbine generator, among which was $151,700 paid to Sega by the city for work the audit said was not done, and a total of $86,496 in payments on top of the $1.7 million price Sega bid for the project.

Some of these payments, the audit report said, were for less than the $25,000 threshold required for City Council approval, meaning the authorized amount of the contract and related change orders was exceeded without council approval.

The audit also said that due to missing information not kept by the city about the other bids received for the project, investigators were "unable to determine if the contract was fairly awarded to Sega."

Finance Director Duane Pitcher said city officials disagreed with many of the audit's findings but have not attempted to have the state's report changed or redacted. He said the work identified as not having been done in the audit actually was completed. Following the report's release, Pitcher addressed the Ames City Council about the matter in March 2009. The council, after hearing Pitcher's report, voted unanimously to change the city's Purchasing Policies and Procedures Manual to keep better records as suggested in the audit.

Butterfield's lawsuit against the city was recently moved from district court to federal court by the city's attorney, Patrick Smith, of Des Moines. Smith has also filed a motion to dismiss the suit, alleging that Butterfield's lawsuit doesn't include enough information to determine "a plausible claim of relief."

The city has not yet filed an answer to Butterfield's claims.

Luke Jennett can be reached at (515) 663-6919

or ljennett@amestrib.com.

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