Former administrator sues City of Chubbuck, Mayor Kevin England over ‘forced resignation’

CHUBBUCK — The former public works director for the city of Chubbuck has named the city and its mayor in a lawsuit alleging state government employment violations.

A civil complaint filed in federal court on behalf of Rodney Burch alleges a violation of the Protection of Public Employees Act.

As a result of his forced resignation, the complaint which was filed Aug. 2022 and obtained by EastIdahoNews.com, claims Burch has suffered and will continue to suffer loss of earnings and employment benefits. He has also suffered “non-economic damages including (from) emotional distress.”

Burch, through his attorneys, DeAnne Casperson, Amanda Ulrich and Ryan Dustin, has requested a trial to determine compensatory damages.

EastIdahoNews.com requested comment from Burch’s attorneys, but did not receive a response.

Burch was hired as public works director for the city of Chubbuck in 2015. Throughout his employment with the city, he received “exceptional feedback” in all performance reviews — including in 2019 and 2020, when, according to the complaint, Mayor Kevin England told Burch the city was “fortunate to have someone with your passion serving them.”

In the late spring or early summer of 2021, Burch began claiming in city work sessions and at City Council meetings that the city was wasting public funds and property, and may have been in violation of laws or ordinances, due to a lack of “adequate city administration.”

Burch allegedly said the city was in need of a city manager. It lacked proper oversight without someone in that position, he said, according to the complaint.

“For example, Burch expressed concern about the city’s budget process and the failure to capture the true cost of operation for the entire city,” the complaint reads.

“Most of the waste of public funds resulted from England not having the time, skill, or desire to oversee and manage the city effectively,” the documents states. “Burch and others recommended to England that the city employ a city manager to do the required tasks of oversight.”

After initially agreeing that the city needed a manager, England altered his opinion when he launched his campaign for reelection, the complaint says alleging there was concern residents would question why England was not able to handle the job himself.

Because he disagreed with England’s decision not to address the city needs, Burch placed a sign in his yard supporting a candidate running against England in the 2021 city election.

England was reelected and, three days after the election, “insisted” Burch resign his position.

“England did not directly say why, but it was clear England wanted to punish Burch for supporting another mayoral candidate,” the complaint says.

EastIdahoNews.com requested comment from England. City Attorney Ryan Lewis responded, saying the city has a policy against commenting on pending litigation.

Burch refused multiple demands to resign. Upset, England told Burch he would have the City Council fire Burch, the document reads.

At a Nov. 10, 2021, City Council meeting, England held an executive session seeking support to fire Burch.

“Even though the City Council supported Burch, it was humiliating and demeaning to be brought before them by England to be fired. Burch had to defend his character and performance,” the complaint reads. “The City Council declined to act on this issue and directed England to reconcile his differences with Burch by meeting together and discussing their differences to work it out.”

Burch and England agreed to meet in hopes of reconciling. But that meeting lasted less than five minutes, the complaint says. The two never met again, despite direction from the City Council.

England instead began taking away duties and authority from Burch, the complaint says, including bypassing Burch to department heads when decisions needed to be made.

“Over a short period of time, England stripped nearly all of Burch’s duties as the public works director and had others perform his duties,” the complaint says. … “England refused to work with him as directed by the City Council, and England was an elected official, leaving the City Council with no authority to do anything.”

Left to decide between staying in his position to collect a salary without doing any work or resign, Burch chose the latter.

“As a public servant, Burch could not blatantly waste public funds and be paid for doing no work. His only reasonable option was his forced resignation,” according to the complaint.

Burch handed in a resignation letter on March 3, 2022.

He also gave the city’s human resource department a letter explaining why he was left no choice but to resign.

Burch has requested payment for damages and legal fees.

A trial date has not yet been set.