Chief clerk’s attorney wants judge to deny commissioner’s request to dismiss lawsuit
The lawyer for Fayette County’s chief clerk wants a federal judge to deny the motion to dismiss a civil suit against a Fayette County commissioner and the county.
In the August complaint, Clerk Amy Revak alleged that Commissioner Angela M. Zimmerlink has created a hostile work environment during her employment with the county. The suit alleged Zimmerlink did so because she believed Revak was a political ally of former commissioner Al Ambrosini, with whom Zimmerlink had opposing views.
One of the claims alleged that Zimmerlink took part in suspending Revak without cause and treated her poorly when Revak was quoted in a newspaper article about the suspension being rescinded.
Last week, Zimmerlink’s attorney, Jennifer McPeak, contended that the suit doesn’t support Revak’s claims, in part because the First Amendment invests public employees with certain rights, but does not empower them to make an employee grievance a constitutional matter.
In a response, attorney Joel Sansone indicated that public employees like Revak do not surrender their rights to free speech.
“Clearly, (Revak’s) speech is a matter of public concern, as it addresses issues of political and community concerns, specifically, that an elected official, to wit: Defendant Zimmerlink, engaged in illegal conduct,” Sansone writes.
Sansone continues to state that Zimmerlink committed libel by writing and publishing statements regarding Revak through comments or letters to the editors to the Herald-Standard, even though McPeak argued the comments were responses to Revak’s work performance.
However, Sansone contended Zimmerlink’s statements falsely accused Revak of lying to the public and “hint that (Revak) is engaged in political corruption.”
Sansone argued Zimmerlink’s comments about Revak were libelous.
“In each writing, Defendant Zimmerlink makes false accusations ridiculing (Revak’s) performance as Fayette County’s chief clerk and right-to-know officer and which subjected (Revak) to public scrutiny and injured her in her profession,” Sansone wrote.
He added that Zimmerlink is not immune from suit as a public official because she did not make those statements in the course of her official duties or powers.
U.S. District Judge Arthur J. Schwab will make a decision at a later date.