Attorneys for Macomb Township and a current township official argued Monday for a judge to dismiss the whistleblower claim in a lawsuit filed by the fired township attorney/human resources director.
Attorneys representing the township and Clerk Kristi Pozzi lobbied Macomb County Circuit Court Judge James Maceroni in Mount Clemens to throw out the claims by Thomas Esordi because he was fired for a legitimate reason, and prior actions related to his employment had no material impact on him. Janet Dunn, former supervisor who is also a defendant, also has asked for a dismissal although her attorney, John Gilliam, who appeared by Zoom did not orally argue in court due to a time restraint.
Maceroni will issue a written opinion at a later date.
Township Attorney Ben Aloia said Esordi was fired in November 2020 because Supervisor Frank Viviano was concerned his combined role as township attorney and human resources director presented an inherent conflict of interest, not as retaliation for revealing sensitive information about Dunn and other officials as Esordi has asserted.
“He (Viviano) perceived possible conflicts in the dual role because employees may be deterred from reaching out to human resources about deeply sensitive topics including claims of harassment that would result in grievances, and the human resources director would be the same person charged with defending the employee. … Do we have to show an actual conflict? No. We provided case law that a...
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