Waldport mayor sues council and manager for $250,000 over one-month removal from office last April

By GARRET JAROS/Lincoln Chronicle

WALDPORT – Waldport Mayor Heide Lambert is suing the city, fellow council members and the city manager for her removal from office a year ago.

Lambert is seeking $250,000 plus legal fees and a jury trial, according to the lawsuit in Lincoln County Circuit Court filed April 3 – exactly one year from her removal by the council for violating the city’s charter for improperly directing city staff.

“This case arises out of an attempted small-town political coup,” the filing begins.

It goes on to say the “reckless actions of the individual defendants,” the process, decisions and their actions were unlawful, procedurally improper under state and federal constitutions “and negligently caused Ms. Lambert severe emotional distress, humiliation, harm to her reputation and other damages.”

Lambert challenged her expulsion with the court May 7. She was reinstated the next day by Judge Sheryl Bachart, who requested the city provide documentation supporting the council’s decision. The council instead responded by nullifying the expulsion and reinstating Lambert as mayor, saying they wanted to save taxpayer money on lawyers.

At the same time the city filed a motion to dismiss Lambert’s writ because the reason for it – Lambert’s removal from office – had been rectified by her reinstatement.

On July 15, Lambert’s attorneys asked Bachart to deny the city’s motion to dismiss the issue because the reason for her removal were still in place and therefore nothing was stopping the council from removing her again until the underlying issues were settled.

Bachart granted the city’s motion to dismiss but said the legal arguments cited by Lambert’s counsel were “for good reason, given the conduct by the city in this case.” Bachart initially agreed to Lambert’s request that the city pay for her attorney costs and court fees but changed her decision after the city’s attorney said the law did not allow for attorney’s fees.

But, the judge added “Nothing in my order prevents her (Lambert) from pursuing a separate suit for the civil damages.”

Lambert’s attorney Tom Christ said afterwards they were entitled to file a separate lawsuit to ask for attorney fees as well as damages for emotional distress and inconvenience. Lambert told the Lincoln Chronicle at the time that she felt the judge invited her to open a new case. “So I will be looking into a civil case against the city,” she said. “Because they never admitted wrongdoing and what they did was against the law.”

The defendants are city manager Dann Cutter and councilors Greg Dunn, Susan Woodruff, Jayme Morris, Rick Booth, Michelle Severson and Jerry Townsend.

The new claim again reiterates that the defendants “have never acknowledged the harm they negligently caused and have never apologized. Instead they continue to defend their expulsion decision and related actions as virtuous and correct.”

The council is currently facing a second recall effort by Lambert’s supporters after the first effort failed because of a signature-gathering technicality. To reach the ballot, petitioners must gather a minimum of 192 signatures from Waldport residents who are registered voters for each councilor to be considered for recall.

The deadline to turn in signatures is May 4. A separate effort to recall Lambert was abandoned March 10 — the day before signatures were required to be submitted to the city.

• Garret Jaros covers the communities of Yachats, Waldport, south Lincoln County and natural resources issues for Lincoln Chronicle and can be reached at [email protected]