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Former city administrator sues Quincy, mayor

| September 8, 2004 9:00 PM

Wrongful discharge alleged

Quincy's former city administrator has sued the city and Mayor Dick Zimbelman, claiming he was wrongfully discharged from his job in 2001.

The attorney for Ehman Sheldon, who served as the Quincy city administrator from 1998 to 2001, served the city with the suit last week.

The suit will be filed in Grant County Superior Court within 60 days, Sheldon's attorney, Ryan Edgley of Yakima, said.

According to legal documents obtained from Edgley, Sheldon claims that Zimbelman should have given him either six months' compensation or six months' notice before he let Sheldon go on Aug. 27, 2001.

Also, according to the suit, the termination was done without cause.

Under Quincy's strong-mayor form of government, the mayor is responsible for hiring and firing the city administrator, who is responsible for running the city's daily business. Zimbelman has not hired anyone to replace Sheldon.

Zimbelman declined to comment on the case, citing advice of the legal counsel of the city's insurance pool.

Sheldon, who is the city administrator in Othello, declined to comment and forwarded a media request for comment to his attorney Edgley.

In May 2000, Sheldon insisted the discretion to determine his own schedule as an exempt employee under the Fair Labor Standards Act or that he be paid overtime compensation for his work, Edgley said.

"He wasn't being given the discretion to set his own hours," Edgley said.

According to the lawsuit, Zimbelman was advised by an attorney representing Quincy to comply with one of the two above-mentioned conditions.

Instead, according to the lawsuit, Zimbelman began a campaign of "retaliation and discrimination" against Sheldon. The mayor allegedly made "unilateral" changes and additions to the city administrator's duties, elimination of clerical support and the fabrication of complaints and allegations of inappropriate behavior by Sheldon, according to the suit.

Additionally, Edgley said, Zimbelman sent a letter to Sheldon setting forth the reasons why he should be let go.

"It appeared, to me, to be contrived," Edgley said.

In 2001, when he was terminated by the city, Sheldon sought $400,000 for lost damages and $200,000 for severe emotional distress.

Edgley said Sheldon is seeking monetary damages in the lawsuit, though the amount is yet to be determined.