Madison County Circuit Judge Sarah Smith scheduled a hearing on motions to dismiss a former Metro East Sanitary District employee’s lawsuit alleging he was terminated due to political affiliation and then denied rehire due to his age.
The hearing had previously been set for March 4 but was continued to April 1 after the parties agreed.
Defendants Kurt Prenzler, Steve Adler, Scott Oney, Rick Fancher, and Metro East Sanitary District filed the motion to dismiss on Jan. 19 through attorney Gregg Kinney of HeplerBroom. Kinney later moved to withdraw as attorney for Madison County Chairman Prenzler. John Gilbert of Sandberg Phoenix entered his appearance on behalf of Prenzler on Feb. 12.
The defendants argue that plaintiff Otto Dunham’s breach of contract claim fails because “absent a specific contract to the contrary, an employment relationship may be terminated at any time and for any reason by either party.”
They added that assuming there is a contract, Dunham’s employment could still be terminated at any time for any reason under Illinois law.
The defendants also argue that the employment discrimination claims fail. They claim that according to the Illinois Human Rights Act, one must exhaust the administrative procedures before filing a lawsuit. Dunham’s charge of discrimination with the Illinois Department of Human Rights was filed on Oct. 21 and remains ongoing.
As for Dunham’s claim of violation of statute/tortious interference, the defendants argue that the complaint is founded upon an arbitration order. They claim Dunham failed to attach the order to the complaint.
Prenzler also filed a motion to dismiss individually through attorney Christi Coleman of Sandberg Phoenix & von Gontard PC on Jan. 19.
He argues that he was only named a defendant in Dunham’s claim for alleged violations of the Illinois State Officials and Employees Ethics Act.
“The allegations in plaintiff’s complaint demonstrate no liability may attach to Chairman Prenzler as a matter of law, and plaintiff therefore fails to state a claim,” Coleman wrote.
“Plaintiff does not allege factual involvement by Chairman Prenzler,” she continued. “The only acts plaintiff alleges with respect to Chairman Prenzler while MESD was under Madison County control is that he appointed co-defendant Adler to a position of leadership within MESD prior to Granite City assuming control."
Coleman also wrote that Dunham’s claims that Prenzler interfered with the payment of the grievance claim fail because they do not stem from a protected act. Specifically, Dunham alleges Prenzler interfered as retaliation for losing control of MESD.
“As a matter of law, Chairman Prenzler could not ‘retaliate’ against plaintiff for events in which plaintiff did not participate,” the motion states.
According to a memorandum in support of Prenzler’s motion to dismiss, Coleman wrote that the “transfer of MESD from Madison County to Granite City Control was a legal and political event that had nothing to do with plaintiff.”
Dunham filed his complaint on Nov. 2 through attorney Brian Wendler of Wendler & Zinzilieta PC in Edwardsville. He alleges discrimination, breach of contract and violation of statute.
According to the complaint, MESD was organized under the Metro East Sanitary District Act of 1974. After being elected Chairman in 2017, Prenzler appointed Adler as executive director and Doug Hulme, who is not named a defendant, as board chairman of MESD. On July 28, 2017, Adler allegedly laid off eight MESD employees, including Dunham. The plaintiff claims his termination was based on political affiliations. Adler allegedly hired part-time employees to fill the vacant positions “in direct violation of the MESD contract with its employees.”
Dunahm claims a union grievance was filed by the laid off employees, who allegedly prevailed.
Then in 2020, Fancher replaced Adler as executive director and Oney replaced Hulme as president of MESD. Oney also served as building inspector for Granite City.
Dunham alleges Fancher promised him that “as soon as a new law was passed that would permit the city of Granite City take control of MESD plaintiff would get his job back at MESD.” The law was passed in early January 2020.
On Jan. 15, 2020, Dunham alleges Fancher called him to his office and said that when he informed Oney that the plaintiff was to be rehired, he allegedly replied, “Are you sure you want to hire a 64 year old guy?” Fancher allegedly affirmed that Dunham was a “very good and knowledgeable worker,” the suit states.
On Jan. 30, 2020, Fancher allegedly told Dunham he would begin working again on Feb. 17, 2020, and a prerequisite pre-employment drug test was scheduled.
However, on Jan. 14, 2020, Fancher allegedly told Dunham that the MESD board decided to move his start date back to April 1, 2020.
When he still had not been called back to work by May 29, 2020, Dunham claims he inquired about his position. He was allegedly informed that he would not be returning to work at MESD on June 3, 2020.
Dunham claims he had accepted but then declined a job with another company because Fancher had promised and assured him he had gotten the job. .
“Plaintiff relied on such promise,” the suit states. “Plaintiff’s reliance was justified and reasonable. Plaintiff lost the other job to his detriment.”
He seeks a judgment in excess of $50,000 for each count, plus costs.
Madison County Circuit Court case number 20-L-1545