Marley pairs suit with tort claim
SANDPOINT — The legal fallout surrounding the firing of Bonner County's longtime land use planning chief continues to stir.
Clare Marley, a former senior land use planner and director of the Planning Department, filed suit in 1st District Court last week for wrongful termination in a bid to regain her position. Counsel for Marley has also filed a claim for damages alleging her due process rights were violated during her termination.
The tort claim, which serves as a notice of intent to sue of damages are not awarded, further alleges that the county's actions have established a prima facie case of age discrimination and a case of gender discrimination because her replacement was a younger male.
The claim was filed in 1st District Court on Tuesday, the day before Marley's attorney, Jacob Brennan, filed suit against the county for wrongful termination.
The suit alleges that Marley, an 27-year employee, was targeted for reprisal by a vengeful county commissioner for refusing to subvert the law and defending another senior planner who was targeted for dismissal.
The tort claim contends Marley was demoted from planning director to a senior planning post last October, an action that coincided with the dismissal of former Senior Planner Dan Carlson, whom she defended as an exemplary employee with a blemish-free work history.
Carlson, who is also in the process of suing the county for wrongful termination, alleges he was railroaded out of his job after clashing with Commissioner Todd Sudick.
Marley was moved into Carlson's position and ultimately fired in January. But the demotion inadvertently made it more difficult to dislodge Marley, according to the tort claim.
By policy, Marley was an at-will employee as a department head. But as a rank-and-file employee, she could only be turfed for cause and had a right to pre-termination hearing process, the claim asserts.
Brennan alleges Marley was denied that right when commissioners labeled her a de facto department head because her successor had yet to be appointed. By that logic, Brennan argued, any employee could be considered at-will if superiors step out of the office.
Commissioners advised Marley she was being fired for dragging her feet on reforms to ease the regulatory burden on landowners. Marley counters she was fired because the board sought to implement the changes without the involvement of the Planning & Zoning Commission, which would have violated local and state land use codes.
Despite being warned by an unnamed commissioner that he sought to “destroy her and her belief system,” Brennan said Marley continued to fulfill her duties the same level of diligence that she displayed over nearly 30 years.
“Indeed, Ms. Marley received nothing but stellar performance reviews during this time, including a near perfect score and ‘exemplary' rating on her last evaluation in December of 2014,” Brennan said in the claim.
“The reason for the county's targeting of such a loyal and dedicated employee is truly puzzling.”