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Jury sides with city of Flint in whistleblower lawsuit

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Steve Carmody/Michigan Radio
A jury has sided with the city of Flint in a whistleblower lawsuit.

The city of Flint has won a federal whistleblower lawsuit filed by a former city administrator.

Natasha Henderson filed the lawsuit after she was fired in 2016. She claims she was fired for asking questions about Mayor Karen Weaver’s 527 political fund.

After deliberating for a few hours Tuesday afternoon, the jury disagreed.

Weaver welcomed the jury’s decision.

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Michigan Radio
“(Henderson’s lawyers) had the burden of proving that the mayor made this decision because Ms. Henderson had complained about unethical conduct,” Attorney Maurice Jenkins told reporters. “We were able…to establish that that didn’t happen.”

“It’s taken a lot away from me and from the city in getting work done,” Weaver told reporters on the steps of the federal courthouse in Detroit, “I’m glad the jury saw it the way they did.”

The jury had to make three determinations to decide if Henderson’s firing violated laws protecting whistleblowers. The jury found that Henderson had acted appropriately in asking Flint’s city attorney about the mayor allegedly directing a city worker to push prospective water crisis donors to give to her 527 political fund. The jury also agreed that Henderson had suffered financially from being fired. 

But the eight person jury disagreed that Henderson was fired because she asked questions about the mayor’s political fund.

Attorney Maurice Jenkins represented the city in the lawsuit.   

“(Henderson’s lawyers) had the burden of proving that the mayor made this decision because Ms. Henderson had complained about unethical conduct,” Jenkins told reporters. “We were able…to establish that that didn’t happen.”

The city argued Weaver fired Henderson after she learned that the former city administer had been informed in March 2015 about a deadly Legionnaires' Disease outbreak in Genesee County, but had not acted. The mayor became aware that Henderson had been informed about the outbreak from a newspaper article that was published at the same time Henderson was asking about the mayor's political fund.

Henderson had been seeking $452,000 in back wages, plus future lost wages and damages for emotional suffering.    

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Michigan Radio
"We do take comfort from the fact that the jury found that Natasha did the right thing…and made a good faith report of a suspected violation of the law,” says attorney Katherine Smith Kennedy.

Attorney Katherine Smith Kennedy represented Natasha Henderson in her lawsuit. She says they are disappointed in the decision.

“But we do take comfort from the fact that the jury found that Natasha did the right thing…and made a good faith report of a suspected violation of the law,” says Kennedy. 

Henderson spoke briefly after the verdict was read.

“I believe I can move forward now,” Henderson told reporters. “In the sense that my voice has been heard.”

Henderson’s attorneys are not ruling out a possible appeal.

Meanwhile, Karen Weaver can now turn her focus to her re-election campaign. Weaver is facing a couple of challengers in the August primary.  

Weaver’s critics expect Henderson’s allegations will be an issue in the campaign. 

Steve Carmody has been a reporter for Michigan Public since 2005. Steve previously worked at public radio and television stations in Florida, Oklahoma and Kentucky, and also has extensive experience in commercial broadcasting.
Doug Tribou joined the Michigan Public staff as the host of Morning Edition in 2016. Doug first moved to Michigan in 2015 when he was awarded a Knight-Wallace journalism fellowship at the University of Michigan in Ann Arbor.
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