REBECCA DAVIDSON FILES “NOTICE OF CLAIM” AGAINST MOAB CITY AND ITS MAYOR

Rebecca Davidson

Former City Manager Rebecca Davidson’s attorney has filed a “Notice of Claim” with the City of Moab, “in connection with her claims against Respondents Moab City and Mayor Sakrison in connection with the termination of her employment as city manager.” Though the letter was sent December 13, it has become available to The Zephyr upon request.

The letter from Davidson’s attorney Gregory Stevens gives “notice of my client’s aim and intent to commence a civil action if this matter is not resolved within the applicable statutory time limit”

Davidson claims damages for:  “Lost Compensation and Employment Benefits and Damage to her Career…Emotional Pain, Suffering, and Trauma…Punitive Damages…Attorney’s Fees and Costs.”

According to the notice:

“During August and September 2016, Ms. Davidson raised concerns with the Mayor and the Federal Bureau of Investigation about wrongful conduct of members of the Police Department. The conduct of which Ms. Davidson complained included lying while testifying in court; threats against members of the public; drinking alcohol with minors; harassment of witnesses; domestic violence; and issues concerning evidence. During the period from April 2015 through August 2015, there were at least three investigations of the conduct of the Moab City Police Department underway of which Ms. Davidson was aware.

“On or about September 13, 2016, the Mayor, unilaterally and without approval by the City Council, placed Ms. Davidson on paid administrative leave. On or about September 30, 2016, based on the recommendation and at the insistence of the Mayor, the City terminated Ms. Davidson from [her] position as City Manager.

“Ms. Davidson is informed and believes that the reason proffered for her termination, her management style, is a pretext for the true reason for her termination. In particular, Ms. Davidson is informed and believes that her communication of her concerns about members of the Moab City Police Department was, at a minimum, a motivating factor in the decision to place her on administrative leave and then terminate her.”

The letter also states:

Mayor Sakrison

“Ms. Davidson is asserting claims (1) against the City and the Mayor, …based on the termination from her employment as City Manager in retaliation for her having exercised her First Amendment rights when she raised her concerns to the Mayor and FBI about wrongful conduct by members of the City’s Police Department; (2) against the City, for her termination in violation of public policy, based on her termination in retaliation for her having sought to protect the safety of the public when she communicated those concerns to the Mayor and FBI…; and (3) against the City, pursuant to the Utah…”Whistleblower Act,”…based on her termination in retaliation for her having communicated in good faith to the Mayor, wrongful conduct by members of the Moab City Police Department”

As to the amount Ms. Davidson seeks from Mayor Sakrison and the City of Moab, the Notice of Claim states:

“Thus, Ms. Davidson is making a total claim for $1,938,160, which is comprised of each of the elements of damages noted above, plus reimbursement for attorney’s fees incurred to date, in an amount to be determined.”

As it relates to Davidson’s tenure in Moab, Utah, she has previously filed defamation lawsuits against this publication, its publisher, three citizens in Moab, Utah and one citizen in Kemmerer, Wyoming.

In December, Judge Lyle Anderson issued a Summary Judgement dismissing the allegations against two of the defendants, Janet Buckingham and Annie Payne, pending a possible appeal by the plaintiffs, Rebecca Davidson and Tara Smelt. A hearing date is being determined for the remaining defendants, Chris Baird, Connie McMillan and Jim Stiles.

You can read the entire Notice of Claim by following this link, or by viewing the screenshots of the letter below:

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