Santos v. City of Fall River

942 F. Supp. 2d 178, 2013 WL 1187103, 2013 U.S. Dist. LEXIS 38636
CourtDistrict Court, D. Massachusetts
DecidedMarch 19, 2013
DocketCivil Action No. 10-11894-NMG
StatusPublished
Cited by3 cases

This text of 942 F. Supp. 2d 178 (Santos v. City of Fall River) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santos v. City of Fall River, 942 F. Supp. 2d 178, 2013 WL 1187103, 2013 U.S. Dist. LEXIS 38636 (D. Mass. 2013).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

This dispute concerns contracts entered into between plaintiffs Jeffrey Santos (“Santos”) and Kathleen Edwards (“Edwards”) (collectively “plaintiffs”) and the City of Fall River in the waning days of the administration of Mayor Robert Correia (“Correia” or “the outgoing Mayor”). Mayor Correia appointed plaintiffs to positions within a municipal agency and agreed, on behalf of the City, to three-year employment contracts with plaintiffs in December, 2009. Plaintiffs were terminated in January 2010 by the new mayor, Edward Flanagan (“Flanagan” or “the incoming Mayor”).

Plaintiffs claim that the subject terminations violated their First Amendment and Due Process rights and breached then-respective employment agreements. Now pending before the Court are the parties’ cross-motions for summary judgment.

I. Facts

Plaintiffs Santos and Edwards are close associates and long-time political supporters of Robert Correia. Prior to his election as mayor in 2008, Mr. Correia served as the State Representative for the Seventh Bristol District, which includes Fall River, for over 30 years. Both plaintiffs volunteered in all of Mr. Correia’s political campaigns, beginning with his first campaign for state representative in the early 1970s. On February 1, 2008, then Mayor Correia appointed both plaintiffs to positions in the Office of the Mayor: Mr. Santos served as an Administrative Assistant and Ms. Edwards became Mayor Correia’s Chief of Staff. Each served under renewable, one-year employment agreements which permitted the employer and the employee to terminate the agreement for any reason on 30 days written notice.

Shortly after assuming the mayoralty, in January, 2008, Mayor Correia fired the Executive Director of the Community Development Agency (“the CDA”), an individual named Steven Long. The CDA applies for and administers certain federal grants [182]*182through programs under the umbrella of the Department of Housing and Urban Development (“HUD”), which are, in turn, distributed to City departments and nonprofits that benefit low- and moderate-income individuals. After firing Mr. Long, Correia appointed Robert Laughlin as Executive Director, and he served in that capacity until his resignation in July, 2008. When Laughlin resigned, Correia first asked the second-in-command of the CDA, Michael Dion, if he was interested in assuming the role of Executive Director but Dion declined. As a result, the Executive Director position remained vacant but plaintiff Santos shared some of the Executive Director’s responsibilities with Dion in order to facilitate the CDA’s continued operation.

The mayoralty term in Fall River is two years, and in September, 2009, Correia lost a primary election that meant that his term was to expire in early 2010. At some point before his primary defeat, Correia discussed the possibility of appointing Santos as Executive Director of the CDA with both Santos and the City Administrator, Adam Chapdelaine. Correia appointed Santos to the subject position in November, 2009, without conducting an applicant search, although Santos continued to work in the Mayor’s office for some time after his appointment. At the time of his appointment, the Executive Director’s post had been vacant for 16 months.

Although the exact timing is disputed, at about the time of the September, 2009 primary, Correia and Edwards discussed her appointment to the CDA as Contracts Compliance Officer and Executive Secretary, a position scheduled to become vacant due to the retirement of a CDA employee. Plaintiffs recall discussing the position prior to the mayoral primary while defendant Flanagan contends that the decision was made after Correia lost the primary. Correia appointed Edwards as Contracts Compliance Officer/Executive Secretary on December 1, 2009.

In November, 2009, Correia directed the City law department to draft employment agreements for both Santos and Edwards. On December 21, 2009, both Santos and Edwards entered into three-year employment agreements with the City. Both agreements contained termination clauses that significantly restricted the City’s ability to terminate plaintiffs, i.e. the City’s right to terminate both agreements was limited to the death, resignation or retirement of plaintiffs or “just cause,” defined as the “wanton or willful dissipation” of the employee’s duties or a “serious violation” of the agreement’s other provisions. Most significantly, both agreements provided that if the City terminated either employee “for convenience,” it was obligated to pay the remainder of the salary due during the unexpired term, plus any accrued vacation or sick time.

William Flanagan was inaugurated as Mayor of Fall River on January 4, 2010. The following day, he met with Santos and Edwards and told them that their employment was terminated. He provided each plaintiff with a signed letter explaining that they were being fired because their positions were “not properly filled” and that their written contracts were “void and against Public Policy.” Plaintiffs were not afforded an opportunity to contest the basis of their terminations at any time.

After plaintiffs were terminated, Mr. Dion assumed the role of Executive Director. The CDA interviewed several candidates to fill the resulting two vacancies and ultimately hired two individuals for the positions of Contract Compliance Officer and the newly created position of Neighborhood Outreach Coordinator. Both appointees had supported Mayor [183]*183Flanagan during the preceding election and had donated money to his campaign.

II. Procedural History

On September 14, 2010, plaintiffs filed a complaint against the City of Fall River and William Flanagan, in his official capacity as Mayor. Defendants duly removed the case to this Court in November, 2010 on federal question grounds.

The Complaint includes four counts based upon plaintiffs’ allegedly unlawful termination by defendants. Count I alleges that Santos and Edwards were terminated on the basis of their political affiliation with the outgoing Mayor, in violation of their First Amendment rights. Count II alleges that Santos and Edwards held property interests in their continued employment, of which defendants deprived them without due process in violation of their rights under the Fifth and Fourteenth Amendments.1 Count III alleges that defendants breached plaintiffs’ employment contracts when they fired them and therefore owe them contract damages. In the alternative, in Count IV, plaintiffs seek a declaration that their employment contracts are enforceable.

Pending before the Court are the parties’ cross-motions for summary judgment, filed in June, 2012. Defendants claim entitlement to summary judgment on all four counts while plaintiffs move for summary judgment on Counts II, III and IV.

III. Analysis

A. Standard of Review

The role of summary judgment is “to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.” Johnson v. Gordon, 409 F.3d 12, 16-17 (1st Cir.2005) (quoting Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990)).

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Bluebook (online)
942 F. Supp. 2d 178, 2013 WL 1187103, 2013 U.S. Dist. LEXIS 38636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santos-v-city-of-fall-river-mad-2013.