Haynes suit dismissed

The lawsuit filed in state court by former police chief David Haynes against the City of Sisters has been dismissed. A similar case in Federal Court is on appeal after Haynes lost a ruling there.

Haynes was fired by the city on May 15, 1997, following nearly a year of conflict, primarily with City Administrator Barbara Warren.

In the lawsuit, Haynes accused the city of breach of contract, violating the "Whistle Blowers Statute" and he accused Warren of "interference with economic relationship."

Haynes had dropped a claim for wrongful discharge.

In requesting dismissal of the claims, the city's attorney wrote that even when "viewing the evidence in a light most favorable to Mr. Haynes, there are no material facts upon which a reasonable juror could return a verdict for Mr. Haynes...therefore, defendants are entitled to summary judgment."

Haynes could not be reached for comment. His attorney, Jim Brown of Salem, said that "Certainly when you lose before trial, you are disappointed. The decision on whether to appeal has not yet been decided. There is another case in United State Court of Appeals. No date has been set on that."

The fact that Haynes walked off the job and left the city without police coverage for a period of time meant that he had violated the terms of his employment contract with the city, according to the city's motion for summary judgment.

The council also had the right to terminate the chief at any time for any reason, according to the city's attorney.

In the memorandum supporting summary judgment, the city's attorney argued that Haynes failed to show that his firing was related to allegations that the city violated employment regulations. Hence his "whistle blower" claim was dismissed.

Neither did he show that City Administrator Barbara Warren acted "solely with improper motives or purposes," in events which led to the chief's firing.

In fact, wrote the attorney, "Ms. Warren terminated Mr. Haynes because of his disrespect to the council and the public, his lack of assumption of management responsibilities, and his failure to follow the terms of his reinstatements agreement."

Judge A. Michael Adler agreed with the city's position. In a letter dated may 27, 1999, Judge Adler granted the city's motion for summary judgment against the claims by the former police chief.