September 28, 2018
Good Morning! In this morning’s eBlog, we report on the fate of whistle-blower claims against beleaguered Flint Mayor Karen Weaver; then we revert south to the Motor City, where Cadillac is coming back home.
Municipal Liability. The U.S. 6th Circuit Court of Appeals has ruled that a former Flint municipal employee’s whistle-blower claims in a lawsuit filed against Flint Mayor Karen Weaver may proceed after getting dismissed by a lower court judge. While the court concurred with the lower court that former Flint Administrator Natasha Henderson could not sue the City of Flint on free speech grounds, it found that U.S. District Court Judge Cox should let Administrator Henderson’s suit charging violation of the Whistleblower Protection Act go forward. Ms. Henderson, who was fired in May of 2016, had filed suit against both Mayor Weaver and the city of Flint, arguing she had been wrongly fired two days after sending then-City Attorney Anthony Chubb an email requesting that he look into an “allegation of unethical conduct” by Mayor Weaver.
Judge Cox dismissed the complaint, holding that Administrator Henderson did not prove Mayor Weaver knew of the complaint before firing her; however, here the Appeals Court partially reversed the lower court in its 2-1 decision with a partial dissent from Judge Joan Larsen, a former Michigan Supreme Court justice and appointee of President Donald Trump. Writing for the majority, Judge Jane Branstetter Stranch noted: “(Ms.) Henderson has mustered sufficient circumstantial evidence of a retaliatory motive to prevent summary judgment.” However, the 6th Circuit Court of Appeals found that Ms. Henderson’s job description “contains some responsibilities that arguably include reporting unlawful or unethical behavior. For example, Henderson was responsible for ‘following financial best practices’ and ‘overseeing the day-to-day operations of the City.’” Judge Larsen said she agreed with the District Court’s decision that the lawsuit should be dismissed in a summary judgment for the City of Flint and Mayor Weaver.
Driving Back Home. The General Motors Cadillac division is returning home next April Fool’s Day to the Motor City, relocating from its headquarters to the former Campbell Ewald building near the Warren Technical Center—with the move coming four years after Cadillac had left Detroit for a trendy space in New York City’s SoHo district. The return will be to the former Lowe Campbell Ewald headquarters, which GM had purchased near Detroit’s Tech Center four years ago—a place where the company kept some Tech Center workers; now it will become the company’s headquarters. In the wake of a “leadership decision” to chauffeur the Cadillac team closer to GM’s design and engineering center—a shift the company is deeming a strategic action as Cadillac gears up to begin a two-year product offensive that will see new product launches every six months through 2020; or, as the company noted: “The move will place the Cadillac brand team closer to those responsible for the new Cadillacs, including design, engineering, purchasing and manufacturing, ensuring full integration of Cadillac’s global growth strategy.” New Cadillac President Steve Carlisle told The Wall Street Journal he wants Cadillac leaders closer to GM’s vehicle design and engineering hub at the Warren Technical Center as the brand gears up for a product offensive over the next two years. Since General Motors, four years ago, announced its proposed headquarters shift to New York, its U.S. sales have declined by some 12%; its share of the luxury market dropped to by nearly 20%‒from 9.3% to 7.7%. The empty downtown Detroit I visited on its very first day in chapter 9 municipal bankruptcy is thus, today, a city where Cadillac is recognizing it has its best opportunity for building a brand which relies on getting the product right and, preferably, first.