Williams v. London

RECOMMENDED FOR FULL-TEXT PUBLICATION

Pursuant to Sixth Circuit Rule 206 2 Williams v. London No. 03-5573

ELECTRONIC CITATION: 2004 FED App. 0215P (6th Cir.) Utility Comm’n, et al.

File Name: 04a0215p.06

_________________

UNITED STATES COURT OF APPEALS COUNSEL

FOR THE SIXTH CIRCUIT ARGUED: Christopher D. Miller, RAMBICURE, MILLER

_________________ & PISACANO, Lexington, Kentucky, for Appellant. Charles

D. Cole, STURGILL, TURNER, BARKER & MALONEY,

DEWEY MICHAEL WILLIAMS, X Lexington, Kentucky, Robert L. Roark, WALTHER,

Plaintiff-Appellant, - ROARK, GAY & TODD, Lexington, Kentucky, for

- Appellees. ON BRIEF: Christopher D. Miller, William C.

- No. 03-5573 Rambicure, RAMBICURE, MILLER & PISACANO,

v. - Lexington, Kentucky, for Appellant. Charles D. Cole,

> Douglas L. McSwain, STURGILL, TURNER, BARKER &

,

LONDON UTILITY - MALONEY, Lexington, Kentucky, Robert L. Roark,

COMMISSION , et al., - LaDonna L. Koebel, WALTHER, ROARK, GAY & TODD,

Defendants-Appellees. - Lexington, Kentucky, for Appellees.

- _________________

N

Appeal from the United States District Court OPINION

for the Eastern District of Kentucky at London. _________________

No. 01-00161—William O. Bertelsman, District Judge.

BOYCE F. MARTIN, JR., Circuit Judge. Dewey Michael

Argued: June 10, 2004 Williams appeals from the adverse grant of summary

judgment on his breach-of-contract and disability-

Decided and Filed: July 8, 2004 discrimination claims, arising from his employment as

superintendent of the London Utility Commission. Mr.

Before: MARTIN and SUTTON, Circuit Judges; Williams alleges that the district court erred: (1) in holding

WILLIAMS, Senior District Judge.* that Mr. Williams's employment agreement was void from its

inception because the London Utility Commission exceeded

its statutory authority by creating the contract without the

approval of the Mayor; and (2) in holding that Mr. Williams

did not prove that the City of London's reasons for firing him

were pretext for purposes of the Americans with Disabilities

Act. Finding no error, we affirm.

*

The Honorable Glen M. Williams, Senior United States District

Judge for the W estern D istrict of V irginia, sitting by designation.

1

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Utility Comm’n, et al. Utility Comm’n, et al.

I. alleged that Mr. Williams was upset by the removal of his

authority and refused to solve petty employment issues on his

The London Utility Commission of London, Kentucky, own. The Mayor also believed that Mr. Williams had lied to

hired Mr. Williams in late 1992. In March 1998, the Utility him, but he was unable to identify a specific instance in which

Commission entered into an employment contract with Mr. Mr. Williams lied.

Williams. At the time that the contract was signed, both the

Utility Commission and Mr. Williams knew that the contract On February 22, 2001, one of the London Utility

might be invalid if the Utility Commission lacked authority Commissioners told Mr. Williams that he must attend a

to enter into the agreement. meeting with Mayor Smith. The Commissioner told Mr.

Williams that he was going to be fired. At the meeting with

The contract provided that Mr. Williams would be the mayor, the subject of Mr. Williams's health arose. At the

employed for a three-year term, and the contract would renew conclusion of the meeting, Mr. Williams and the Mayor

automatically for another three-year term unless one party agreed that Mr. Williams could stay until June 2001, so that

gave the other 90-days written notice of termination, which he could apply for disability benefits. Subsequently, Mr.

the defendants concede was not given. The contract also Williams sent a letter to the Mayor stating that he had a valid

provided that Mr. Williams could be removed only for cause contract and that the Mayor did not have the power to

by the Utility Commission. The agreement was signed by the terminate him. After receipt of this letter, Mayor Smith

Commissioners, but not signed by Mayor Smith. terminated Mr. Williams on February 28, 2001.

In early 2001, Mayor Smith1 decided to terminate Mr. Mr. Williams filed suit in the district court claiming that he

Williams. He has given various reasons for this decision, suffered disability discrimination and age discrimination.3

including: Mr. Williams's inability to deal with personnel Mr. Williams also brought due process claims under

problems on his own, Mr. Williams's inability to get along 42 U.S.C. § 1983 and state-law claims for breach of contract,

with customers and the public, and a complaint by Ken intentional interference with contractual rights, intentional

Wilson, a former employee.2 Mayor Smith also perceived infliction of emotional distress, and breach of the implied

that after the city passed Ordinance 981 (discussed below), covenant of good faith and fair dealing. The district court

Mr. Williams became obstinate and difficult. Mayor Smith granted summary judgment to defendants on all claims. Mr.

Williams appeals the section 1983 and state-law contract

claims and the disability-discrimination claim. He does not

1

Mayor Smith was elected in 1994.

appeal the intentional-infliction-of-emotional-distress claim.

2

The district court states that Mayor Smith was mo tivated, at least in

part, by Ken Wilson's comp laint. However, the deposition of Mayor

Smith is directly contrary to this. Mayor Smith clearly states that this did

not motivate his decisio n to term inate Mr. W illiams. In fact, Ma yor Sm ith

believed that the letter of reprimand that was p laced in Mr. W illiams's file 3

was enough to de al with the situation. At the summary judgment stage, Although the age-discrim ination c laim was alleged in the complaint,

the district court is bound to view the facts in the light most favorable to Mr. W illiams did not contest summary judgment on this claim and does

the non-mo ving party, in this case Mr. W illiams. not appeal this issue.

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II. or malfeasance in office." As noted by the district court,

Ordinance 344 appears as if it were organized to meet the

This Court reviews the grant of summary judgment de strictures of section 96.530, rather than section 96.350.

novo. Lake v. Metropolitan Life Ins. Co., 73 F.3d 1372, 1376

(6th Cir. 1996). In 1980, the Kentucky legislature passed the "Home Rule

Statutes." Section 83A.130(9) of the Kentucky Revised

We must first determine whether the London Utility Statutes provides that "[t]he mayor shall be the appointing

Commission had the power to enter into the contract with Mr. authority with the power to appoint and remove all city

Williams. Thus, we must examine the applicable Kentucky employees . . . except as tenure and terms of employment are

constitutional and statutory provisions, together with the protected by statute, ordinance or contract." Furthermore,

ordinances of the City of London. section 83A.020 provides that all ordinances which conflict

with the Home Rule Statutes are void.

In 1891, section 162 of the Kentucky Constitution was

adopted, which provides that "[n]o county, city, town or other The London Utility Commission hired Mr. Williams in

municipality shall ever be authorized or permitted to pay any 1992, and the parties entered into the employment contract in

claim created against it, under any agreement or contract question in 1998. In December 2000, the City of London

made without the express authorization or law, and all such passed Ordinance 981, which repealed Ordinance 344 and

unauthorized agreements or contracts shall be null and void." reorganized the Utility Commission to align with the Home

Subsequently, in 1942, the Kentucky legislature passed Rule Statutes. Ordinance 981 states that the Utility

section 96.530 of the Kentucky Revised Statutes, which Commission shall recommend to the mayor a person to

allows cities to create and operate light, heat, and power employ as superintendent. Acknowledging the Home Rule

plants. This statute allows for the establishment of a utility Statutes, Ordinance 981 also states that the "[m]ayor shall

commission as a separate corporate body with the power to make all decisions relating to employment[, including] hiring,

contract and the power to manage all employment issues. As lay-offs, terminations, and other similar decisions relating to

the district court noted, this statute specifically does not employment." Section 9 of Ordinance 981 states that the

include water commissions. In fact, in 1942, the Kentucky "Commission shall be bound under the terms of any previous

legislature also passed section 96.350 of the Kentucky contracts and/or agreements made and entered into by or on

Revised Statutes, which allows certain cities, including the behalf of the Commission that exist at the time of enactment."

City of London, to operate waterworks facilities. This statute

does not provide for a commission organized as a separate We agree with the district court that the contract was void

corporate body with control of its own employees as does from its inception. Mr. Williams was hired after the passage

section 96.530. of the Home Rule Statutes, which indicate that only the

mayor has the power to hire and fire city employees.

In 1948, the City of London passed Ordinance 344, which According to the Home Rule Statutes, any ordinances in

created the Utility Commission for water and sewers. This conflict with the Home Rule Statutes are void. Thus,

ordinance gave the Utility Commission the authority to hire Ordinance 344 was void, at least in part, upon the passage of

a project superintendent, who could be removed by the the Home Rule Statutes. Because Mr. Williams was hired

Commission "for inefficiency, neglect of duty, misfeasance after the passage of the Home Rule Statutes, Ordinance 344

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was void, and the Commission did not have the power to shifts back to the plaintiff to prove that the stated reasons are

make this contract; only the Mayor held such power. pretext. See Martin v. Barnesville Exempted Vill. Sch. Dist.

Bd. of Educ., 209 F.3d 931, 934 (6th Cir. 2000).

The London Utility Commission was not authorized by

statute to operate independently. Mr. Williams argues The district court assumed without deciding that Mr.

extensively that, as a matter of agency law, the Utility Williams could prove a prima facie case of discrimination and

Commission, and not the City of London, was his employer. that Mayor Smith could demonstrate legitimate non-

We do not find his arguments persuasive. Although factually discriminatory reasons for the discharge. However, the

it appears that the Utility Commission controlled Mr. district court concluded that Mr. Williams was unable to

Williams's activities and acted as his employer, if the Utility prove that the Mayor's reasons were pretext. We do not have

Commission does not have the statutory power to employ Mr. to reach the issue of pretext to resolve this claim because we

Williams in view of section 83A.130(9) of the Kentucky do not believe that Mr. Williams can prove a prima facie case

Revised Statutes, then he must be an employee of the City of of disability discrimination.

London. Because Mayor Smith has ultimate authority over

city employees, Mayor Smith had the power to terminate Mr. A prima facie case of disability discrimination requires that

Williams. the plaintiff prove he was qualified to perform his job

requirements with or without reasonable accommodation.

If Mr. Williams has no contract, he is an employee-at-will, Mr. Williams's employment was terminated on February 28,

has no property interest in his employment and can be fired 2001, and Mr. Williams applied for disability benefits under

for any reason or no reason at all (except for a discriminatory the Kentucky Retirement System on March 1, 2001, claiming

reason). Because we hold that Mr. Williams's contract was that he was totally disabled. It is incongruous that Mr.

void and no party raises the issue of ratification of the Williams was able to perform his job requirements when he

contract, we think that Mr. Williams was an employee-at-will was terminated on February 28, but he was unable to perform

and that his termination was proper. Therefore, we affirm the the same work as of March 1.

district court's grant of summary judgment to defendants on

Mr. Williams's contract-related and due process claims. The Supreme Court has explained that

III. [a]n ADA plaintiff bears the burden of proving that she

is a "qualified individual with a disability" — that is, a

A prima facie case of disability discrimination requires the person "who with or without reasonable accommodation,

plaintiff to prove that: "(1) he is an individual with a can perform the essential functions" of her job.

disability; (2) he is 'otherwise qualified' to perform the job 42 U.S.C. § 12111(8). And a plaintiff's sworn assertion

requirements, with or without reasonable accommodations; in an application for disability benefits that she is, for

and (3) he was discharged solely by reason of his handicap." example, "unable to work" will appear to negate an

Cotter v. Ajilon Servs., 287 F.3d 593, 598 (6th Cir. 2002). If essential element of her ADA case — at least if she does

the plaintiff can prove a prima facie case, then the burden not offer a sufficient explanation. For that reason, we

shifts to the defendant to articulate a legitimate, non- hold that an ADA plaintiff cannot simply ignore the

discriminatory reason for the termination. Then, the burden apparent contradiction that arises out of the earlier []

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disability claim. Rather, she must proffer a sufficient For the reasons stated herein, we AFFIRM the judgment of

explanation. the district court.

Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 806

(1999). This means that in order to survive a motion for

summary judgment, the plaintiff's "explanation must be

sufficient to warrant a reasonable juror's concluding that . . .

the plaintiff could nonetheless 'perform the essential

functions' of her job, with or without 'reasonable

accommodation.' " Id. at 807.

Mr. Williams was terminated on February 28, and he

applied for disability benefits the very next day. Mr.

Williams subsequently filed suit, alleging that he was able to

perform his job requirements as of the date of his termination.

Mr. Williams has failed to offer sufficient evidence to explain

these contradictory statements. Mr. Williams argues that the

affidavit of Bobby Turner, M.D. explains the contradiction.

This affidavit states that "Mr. Williams' termination of

employment at or near the end of February 2001 had a

devastating effect upon him emotionally, which, in my

opinion, worsened his physical conditions." Furthermore, Dr.

Turner opined that "the termination and its emotionally

devastating effects upon Mr. Williams rendered him unable

to work when combined with his pre-existing physical

conditions." Accepting this statement as true, we do not think

that it provides a sufficient explanation for the contradictory

statements. Dr. Turner's statement was signed on April 25,

2001. While Mr. Williams's health may have declined to the

point where he became unable to work during this two-month

period, he provides no explanation for how his health

declined to the point of being unable to work on March 1,

2001, the date on which he filed for disability benefits and

one day after his termination. Because we hold that Mr.

Williams’s explanation of these contradictory statements was

insufficient, we affirm the district court's grant of summary

judgment.