Councilwoman sues the City of South Lake Tahoe and City Manager

City Councilwoman JoAnn Conner filed a lawsuit against the City of South Lake Tahoe and City Manager Nancy Kerry in El Dorado County Court on Wednesday, December 9, asking for the City Council's censure of her be withdrawn.

In a special meeting of the Council on October 19, Conner was censured for interactions she had with City staff which at times were described as bullying and creating a hostile work environment.

At the time, Conner's attorney Jacqueline Mittelstadt said, "It's not against the law to be a jerk or a bully. Bad behavior is not illegal and is not the basis of censure."

Conner has long denied wrong doing. She told South Tahoe Now that she felt the Council's actions were to silence the voice of the minority.

"This is about honoring the vote of the citizens and protecting the voice(s) of the minority on the Council," said Conner. "You don't have to like everyone on the Council and they don't have to agree all the time, but for the majority opinion to silence the minority voice(s) and restrict their service sets a very dangerous precedent."

The lawsuit alleges that the City didn't follow their own protocol when censuring Conner and didn't provide her with a list of accusers or the opportunity to defend herself against the allegations.

"Councilmember Conner believes that the City's decision to censure her," says the lawsuit filed by Mittelstadt, "and decision to prohibit her from speaking with City staff were not based on substantial evidence, were not supported by the findings, were contrary to law, and were arbitrary and capricious abuses of direction."

Nancy Kerry told South Tahoe Now that she's never heard of a councilmember suing the city they represent and that this move is very unusual.

"An elected official suing an employee who did their job could be very costly," said Kerry. "As an elected official, your job is to protect the city's finances, and now the City has to pay to defend me."

Conner's issues with City Manager Nancy Kerry is that Kerry is blocking her access to staff both in person and electronically. Kerry said JoAnn can communicate with staff, but that it needs to go through her in order to protect staff.

"It is unfortunate that this Council chose to ignore their own protocols and have refused all requests for evidence of wrong doing," said Conner. "I am not guilty, and they are not above the law." She said the Council's actions will influence future elections as those who are in the minority will not want to face this type of persecution and therefore will not run.

The lawsuit asks for a temporary restraining order and court injuction enjoining the City and its agents from enforcing the censure and giving Conner access to speak to staff. It asks for a declaration that the censure was unlawful and unconstitutional and reimbursement of legal fees and costs incurred with the lawsuit.