MONROE — An Oct. 9 trial date has been scheduled for a case in which a former city of Monroe wastewater operator claims he was terminated for activities as a whistleblower after he notified Michigan environmental regulators about some unauthorized discharges to western Lake Erie in 2021.
Nathan Carr’s allegations of wrongful termination will be heard by a U.S. District Court jury in Detroit unless there is a settlement before then.
His attorney, Joseph X. Michaels of Ann Arbor, told The Blade on Monday he doubts there will be a settlement now, although he acknowledged the case is still technically in settlement discussions. A settlement appeared possible last December.
“I think it’ll go to trial,” Mr. Michaels said. “That’s more of a gut feeling than anything, though.”
U.S. District Judge Matthew F. Leitman is presiding over the case.
The court said in a filing it expects a trial to take two weeks.
“There’s no dispute he’s a whistleblower. He saw environmental concerns and raised them,” Mr. Michaels said. “It’s undisputed that he contacted EGLE [the Michigan Department of Environment, Great Lakes, and Energy] about illegal discharges. The jury will just have to decide if that’s the reason he [lost his job].”
John Gillooly, a Detroit attorney representing the city of Monroe in the case, said it is “disappointing” to learn that Mr. Michaels believes the case won’t be settled.
“We were approaching mediation in good faith,” he said. It’s disappointing that he doesn’t think we can reach a settlement. We remain confident we can avoid litigation, in the interest of all.”
Court records show the judge ordered the two sides to present their “bottom line positions confidentially” to him on Feb. 14. Two days later, an entry was filed which stated the judge had canceled plans for a settlement conference.
Mr. Gillooly said the city of Monroe “will be prepared to go to court and we expect to win.”
“By God, if he wants a trial, he’ll get a trial,” he said.
Other reasons for Mr. Carr’s termination were brought up by the plaintiff before it settled on the whistleblower claim, according to Mr. Gillooly.
“It’s one of the most difficult to prove,” he said. “We think he went to the state with an ulterior motive, and I’ll leave it at that.”
A plaintiff news release alleges that Mr. Carr was fired in January, 2022 “after he reported illegal discharge of untreated wastewater, toxic sludge and fecal matter into storm drains and into the River Raisin, which feeds directly to [western] Lake Erie.”
The lawsuit names Monroe Utilities Director Barry LaRoy, Monroe Wastewater Superintendent Spencer Maniaci, and former Monroe Human Resources Director Peggy Howard as defendants.
Mr. Carr was terminated after he reported illegal discharges from the City of Monroe wastewater plant to his superiors in July and September of 2021. He also reported them to Michigan EGLE officials in October of 2021, the statement reads.
The city claims Mr. Carr was fired for failing to pass a state certification exam for wastewater operators.
Court records show Mr. Carr was terminated Jan. 12, 2022, after being notified he was getting “one last and final chance” to pass the exam July 13, 2021. He took the examination at least six times, starting in November, 2018.
In the news release, Mr. Michaels said the city “made up a phony reason to fire an employee with excellent performance reviews.”
“Mr. Carr saw illegal dumping which endangered the city residents who were paying his salary,” his attorney said. “He could have looked the other way, but instead he reported the problem to the proper authorities. He deserves to be commended, not condemned.”
The final pretrial conference is scheduled for 1:30 p.m. Sept. 24 before Judge Leitman, according to the court record.
Most Popular
Comments / 0