For the week of March 26 - April 1, 2003

Mayor Simon:
‘I was wrong’

First Amendment lawsuit against
Ketchum settled out of court

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By GREG STAHL
Express Staff Writer

A First Amendment lawsuit against the city of Ketchum and Mayor Ed Simon was settled out of court this month when the mayor signed a letter stating, "I was wrong," and the city of Ketchum agreed to pay $3,525 in attorney’s fees.

It was the second personnel-related settlement Ketchum reached in the last nine months, but it cost the city little compared with the $65,000 settlement it shelled out last fall in a case originating over the hiring of a new assistant police chief.

"It’s not about money, really," said plaintiff Steve Linden, a Ketchum resident and former Ketchum Police Department computer networking engineer. "There are a lot of things that are more important than money, certainly, and this is one of them.

"My issue was always with Mayor Ed Simon."

Linden said he declined a financial settlement offer from the city, because he does not believe Ketchum taxpayers should have to pay for their mayor’s mistakes.

"Although they (taxpayers) were saddled with a mayor who is highly prone to making expensive mistakes, the taxpayers of Ketchum deserve some relief from paying for those mistakes," Linden said.

Linden had been highly critical of Simon’s actions in two letters to the editor published by the Idaho Mountain Express. The dispute began late in December when Linden showed up at Ketchum City Hall to work on the police department’s computer network and was asked to leave and not return. He had worked on the network for at least the previous five years.

"I was not surprised when I was told that the mayor had fired me," he said.

In a December interview, Linden said he believes his dismissal was an act of retribution for his commentaries.

In late December and early January, Simon countered Linden’s allegations of First Amendment infractions.

"It’s not retribution. I believe in freedom of speech," he said. "I also believe that if you want to criticize someone, you should give them an opportunity to address your concerns first."

Now, as part of the settlement agreement, the mayor appears to have had a change of heart.

"… I now recognize that I erred in taking the action terminating his services with the police department for computer support," states the letter, signed by Simon. "I was wrong. I apologize for any inconvenience, harm or problems this may have caused Mr. Linden.

"As mayor, it is my intention to uphold all laws and protect individual rights."

In addition to requiring an apology from the mayor and attorney’s fees from the city, the settlement agreement states that any future violation of laws or individual rights on the part of Simon will result in payment by Simon to Linden of damages totaling $20,000.

A fourth term states that Simon’s prohibition of Linden’s employment with the city is lifted, but his employment at the city is subject to department head approvals.

Linden said he views the First Amendment as a right and a duty.

"I encourage everyone to exercise it," he said.

Simon was not available for comment Tuesday.

 

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