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Ousted clerk claims harassment, seeks damages

by Keith Kinnaird News Editor
| June 12, 2013 7:00 AM

DOVER — Ousted Clerk Kym Holbert contends she was subjected to a pattern of harassment by two overzealous council members before being railroaded out of her job.

Holbert is seeking $760,000 in damages for lost wages and benefits, in addition to damages for physical and emotional distress, according to a tort claim filed against the city on May 23.

The claim serves as a notice of intent to sue. If the city rejects the claim, Holbert would be free to seek damages in court.

The City Council voted 4-0 to fire Holbert last November. Council members declined to discuss the basis for Holbert’s termination after emerging from an executive session on the matter.

Holbert, 59, alleges in the claim that she was subjected to a hostile working environment by councilwomen Anne Shaha and Denise Travis, both of whom took office in January of last year.

Holbert contends the new councilwomen constantly micro-managed city operations and used her as a pawn in their skirmishes with Mayor Randy Curless. The councilwomen also hindered daily operations by filing nonsense public records requests, manipulating meeting minutes, gumming up meeting agendas with administrative matters and repeatedly challenging Curless’s authority, according to the claim.

The claim further alleges that Travis and Shaha divided the council, forced Curless to cast an unprecedented number of tie-breaking votes and repeatedly thwarted the appointment of a city attorney until their pick for the job emerged as a candidate.

Although the vote to dismiss Holbert cleared the council on a unanimous vote, Holbert asserts in her claim that Shaha and Travis “harassed, bullied and badgered” council President Peggy Burge and Councilman Dave Darling into voting for her firing.

Holbert’s dismissal followed an alleged confrontation in which Holbert reportedly forcibly ejected Shaha from City Hall. The alleged incident was referenced in a Daily Bee article concerning Holbert’s ouster.

Neither Holbert nor Shaha would comment on the reported confrontation, although Holbert disputed the allegation in her tort claim.

“These and other statements made in said newspaper article are inaccurate and untrue, thus causing more undue stress and anxiety,” Holbert said in the claim.

Shaha, Curless and Burge did not respond to requests for comment. Travis said she had no comment on the claim and referred inquiries to the Idaho Counties Risk Management Program.

Supporters of Shaha and Travis bill them as agents of meaningful change in an inflexible and entrenched bureaucracy, while critics contend they are malcontents who are unaccustomed to the hearing the word “no.”