A federal appeals court upheld a lower court decision ruling that an Omaha public safety auditor had not shown that she was speaking as a citizen when she criticized the police force. -db
Omaha World-Herald
October 21, 2010
By Bob Glissmann
Tristan Bonn, who was fired four years ago from her job as the City of Omaha’s public safety auditor, has lost an appeal in which she alleged that the city unlawfully retaliated against her and violated her free-speech rights.
The 8th U.S. Circuit Court of Appeals filed its decision in the case on Tuesday.
Bonn was fired by then-Mayor Mike Fahey after she published a report criticizing the Omaha Police Department over the way its officers treated people during traffic stops. The report said some officers were rude, stopped drivers without good reason and more strictly enforced minor traffic violations by minorities.
The report also indicated that minority residents of north and south Omaha felt alienated from a mostly white police force, discouraging minority applicants from applying to become Omaha police officers.
Fahey at the time said he didn’t have a chance to review and comment on the final version of the report before Bonn posted it on the auditor’s website and distributed it via e-mail.
In a letter to Bonn, Fahey said she was insubordinate in releasing the report without notifying him.
After her firing, Bonn sued the city, Fahey and Paul Landow, Fahey’s chief of staff, for lost wages and benefits, attorney fees and damages for pain and suffering.
U.S. District Judge Laurie Smith Camp dismissed a claim Bonn made under Title VII of the Civil Rights Act of 1964. Bonn said she was fired in retaliation for speaking out against discriminatory activities in the police department that had a negative impact on minority recruitment. The judge ruled that the police practices reported by Bonn are not employment practices under Title VII.
Smith Camp also dismissed a First Amendment-based claim. Bonn said her report and statements about police practices were protected speech. Smith Camp ruled that Bonn did not prove that she had spoken as a citizen. When public employees make statements about matters of public concern in their official duty, they are not protected under the Constitution from discipline.
The appeals court upheld Smith Camp’s decision.
Assistant City Attorney Michelle Peters said Wednesday that the city was pleased with the outcome of the case.
“I think I can speak for former Mayor Fahey and Mr. Landow that they felt all along that this termination was appropriate and legal,” Peters said. “Unfortunately, it has just taken four years for that to be affirmed by the federal court.”
Bonn, who now works for ACLU Nebraska, was unavailable to comment Wednesday.
Smith Camp had sent two claims based on Nebraska state law – regarding employment practices and contracts – to Douglas County District Court.
Peters said those cases had been stayed pending the outcome of the federal court decision.
Peters said, “I assume one of two things will happen: The stay will be lifted or (Bonn) may decide not to pursue those claims.”
Copyright 2010 The Omaha World Herald FAC Content Use Policy