Sun Valley City Administrator Sharon Hammer has dropped her lawsuit against the city and other defendants, but retains the right to refile.
Hammer's attorney, Jim Donoval, filed a notice of voluntary dismissal without prejudice in 5th District Court on Jan. 12. "Without prejudice" means the plaintiff can refile the case at another time.
"We wanted to turn down the pressure a couple notches," Donoval said Friday.
Among her reasons for withdrawing the suit is her contention that attorney Kirtlan Naylor, appointed to represent Sun Valley in this case by the city's insurance carrier, Idaho Counties Risk Management Program, prevented Hammer from discussing a possible settlement with the city and is exercising "total control" over decisions in this case.
"Ms. Hammer asserts it behooves all parties to seek serious settlement negotiations at this time," the notice to dismiss states. "However, settlement appears impossible if Attorney Naylor continues to use the threat of withdrawal of ICRMP's funding of counsel and insurance coverage as a basis for continuing to pursue an investigation of Ms. Hammer that may otherwise not be warranted but for the pending litigation."
In a news release issued Jan. 16, sent by Naylor to the Idaho Mountain Express on behalf of the city of Sun Valley, the city disputed that assertion.
"At no time did the City's insurer, ICRMP, threaten that legal counsel or insurance coverage for the City was in jeopardy, contrary to allegations by Hammer," the release states.
The dismissal came one day after parties faced off in a hearing on a motion for an order to have Hammer reinstated to active-duty status. Sun Valley Mayor Dewayne Briscoe placed her on leave Jan. 4. No ruling on her job status was made at hearing.
In November, Hammer filed a lawsuit against the city and Councilman Ribi, Councilman Bob Youngman and City Attorney Adam King. In the suit, she claimed Ribi repeatedly harassed her and that after she complained to then-mayor Wayne Willich, Ribi launched an effort to remove her from her job.
In court documents, Hammer gave three reasons for pursuing litigation: to return to her job as city administrator, to prevent Ribi from further interfering in her efforts to perform her duties and to defend her damaged reputation due to Ribi's assertions that she had done something criminal.
She also had sought $1 million, as well as reinstatement to active duty as an EMT.
"Ms. Hammer certifies herein that she continues to possess a good faith basis for filing and pursuing her cause of action under the Idaho Protection Of Public Employees Act. ..." the notice states.
In testimony last Wednesday, Willich said Hammer discussed with him Ribi's alleged mistreatment on several occasions. Willich, who also placed Hammer on leave, testified that he found her to have done nothing to warrant her continued leave, and returned her to active duty in December. Briscoe returned her to paid leave one day after taking office.
The city under Willich's administration had initiated an internal investigation that involved multiple people at City Hall. According to a document filed in court by Hammer, Willich appointed Boise attorney Patti Ball to carry out the investigation.
Naylor said during last Wednesday's hearing that a report issued by the special investigator was turned over to the Blaine County Prosecuting Attorney's office. The news release describes the reason for the investigation as "an independent review of possible criminal conduct."
Prosecutor Jim Thomas did not return a call seeking the report's status by press time Tuesday.
<
Ribi's attorney, Keith Roark, said the withdrawal of Hammer's suit shows there was no merit to the case.
"The original lawsuit was without any basis and was designed to divert attention from the investigation into action of Sharon Hammer," he said. "I hope the public now understands this was a public relations ploy on the part of Ms. Hammer and her husband."
Ribi said recent events have validated his innocence.
"I was asked by two Sun Valley City officials to bring before the council evidence of questionable practices by Ms. Hammer and I did so," he said in an emailed statement. "The charges made against me were an obvious smoke screen designed to divert attention from legitimate inquiry into certain financial practices at city hall during the last administration."
Parties swap defamation allegations
The closed status of the original suit doesn't mean all aspects of the case are over.
Defense attorneys last week filed a motion for sanctions to be imposed against Donoval, claiming he has acted in a way that they dubbed "judicial terrorism." Roark said correspondence and other documents Donoval wrote contained defamatory statements that were untrue and malicious.
"We intend to call him to account," Roark said.
On Tuesday, Donoval filed a counterclaim to a defamation suit filed by Ribi on Dec. 30.
The allegations in Ribi's suit arose after Donoval sent letters to Sun Valley elected officials that Ribi claims made defamatory statements about his mental and emotional health and his alleged misconduct at City Hall.
Donoval's counterclaims, against Roark and Ribi, are for defamation and intentional infliction of emotional distress.
In a complaint against Roark, Donoval alleges that a letter Roark sent to elected officials had "no purpose other than to publish the Roark Defamatory Statements ... in an effort to denigrate and defame Mr. Donoval." The 18 alleged defamatory statements in the letter and other communications include that Donoval is "incompetent as a litigator," "does things in bad faith," is "despicable and a coward" and "has no decency."
Donoval asserts that due to the public disclosure of those statements in court documents, his reputation in the community has been damaged. He also claims he is suffering from inability to sleep and physical ailments as a direct result of Roark's alleged comments.
Donoval is seeking $500,000 on each of three counts.
In a counterclaim against Ribi, Donoval contends that Ribi's comments—including one in the Idaho Mountain Express in which Ribi was quoted as saying voters already weighed in on Donoval's credibility when he ran for, and lost, the state Senate—were false.
Donoval is seeking $500,000 for that count, as well as that sum for each of two counts of infliction of emotional distress.
Also on Tuesday, Donoval filed a motion for summary judgment on Ribi's defamation suit, asking the court to rule that as an attorney, he is immune from a defamation action for submitting pre-litigation correspondences to prospective defendants. He further states that the letters in question were marked as "strictly confidential," indicating that he did not intend them to be distributed to other people.
Rebecca Meany: rmeany@mtexpress.com
