Former Quincy official loses case

EPHRATA — A former city administrator for the City of Quincy lost his lawsuit against the city in Grant County Superior Court Thursday morning.

Grant County Superior Court Judge Ken Jorgensen approved a summary judgment on behalf of Quincy, which ended the civil litigation where former administrator Ehman Sheldon sought damages for an alleged breach of contract.

Sheldon served as the Quincy city administrator beginning Jan. 1, 1998, and was terminated Aug. 27, 2001, according to Grant County Superior Court documents. Sheldon filed a claim against the city requesting six months worth of severance pay due to a breach of contract claiming he was terminated for an illegal reason.

"Really I can't tell you too much … I don't understand all the legal parts other than the judge threw out most of Ehman Sheldon's case," Quincy Mayor Dick Zimbelman said.

Sheldon did not return several phone calls from the Columbia Basin Herald for comment.

According to court documents, Sheldon claimed he was entitled to severance pay if terminated without cause.

Sheldon explained he was assigned the duties of the public works director and building inspector in addition to his administrative duties in 1999, according to court documents. He reportedly assumed the duties because the director and inspector resigned their positions with the city. The additional duties resulted in some workweeks reaching more than 60 hours.

Sheldon advised he was classified as an exempt employee of the city but Zimbelman allegedly did not treat him as one, according to court records.

Sheldon claimed in his complaint exempt employees are not paid overtime and are allowed to use discretion involving work hours, organizing tasks and are able to choose how to accomplish their work.

In May 2000, he reportedly issued a letter to the city requesting he either be treated like an exempt employee or be paid overtime.

"The mayor's conduct toward me immediately changed," Sheldon stated in a court document.

He alleges Zimbelman would not meet with him to discuss city business and began putting all communications in writing and required him to do the same, according to court documents.

He claims the mayor would not allow him to give his regular report to city council during council meetings and issued letters of reprimand.

Sheldon claimed the mayor was going to force him to resign, according to court records. He reported experiencing depression and anxiety attacks. He met with a psychologist several times and was advised to take medical leave from work twice per the psychologist's recommendations.

Sheldon claims he was issued a letter from the mayor stating he was suspended without pay with a recommendation to be terminated, according to court documents.

Sheldon claims the reasons for discharge were either beyond his control or untrue.

He noted he was advised the reasons for his termination were due to failing to request a long term loan from the Department of Ecology before going on his second leave of absence. Sheldon indicated he was unable to obtain a refinance loan from ecology, according to court documents.

Sheldon claimed he did the proper paperwork to obtain the loan but it was unattainable because it did not meet ecology's qualifications.

Another reason for termination, according to court records, involved changing the Urban Growth Area boundaries to annex municipal properties into the city. Sheldon explained through court documents how he had several communications with Grant County commissioners to expedite the process.

Attorney Ryan Edgley claims Sheldon made efforts to complete city business and communicated the efforts to the mayor and determined the reasons for termination were without cause, according the court documents.

According to court documents, Zimbelman evaluated Sheldon annually.

On March 5, 2000, Sheldon's performance was evaluated as "marginally acceptable," which Sheldon claimed was in retaliation by the mayor after two years of good performance evaluations.

"For the first time, Mayor Zimbelman's 2000 evaluation rated a specific aspect of Mr. Sheldon's performance as being 'unsatisfactory'," Edgley stated in a court document. "Mr. Sheldon attached a written response to the evaluation, in which Mr. Sheldon disputed the basis for the less favorable performance rating and asserted the change was a result of retaliation by the mayor in response to Mr. Sheldon's assertion of his rights under wage and hour laws."

The litigation ended with the judgment in favor of Quincy.

Sheldon is now employed as the city administrator for Othello.