Judge clears way for staffers’ suit against state House
Lansing — Two former legislative aides arguing they were fired for reporting the alleged misdeeds of former state Reps. Todd Courser and Cindy Gamrat can proceed with their whistleblower lawsuit against the Michigan House of Representatives, a federal judge ruled Monday.
U.S. District Court Judge Gordon Quist said former House aides Keith Allard and Ben Graham “engaged in protected activity” under the Michigan Whistleblowers’ Act when they reported potential violations of state law and House rules by Courser and Gamrat before the lawmakers had them fired last July.
“We are grateful that the judge’s decision recognized that my clients have the right to move forward on claims against the House of Representatives and we look forward to trial,” said Sarah Riley Howard, a Grand Rapids attorney representing Allard and Graham.
In late May 2015, Graham reported to House staff that Courser tried to get him to send fellow Republicans a lewd email designed to cover-up his extramarital affair with Gamrat.
Six weeks later, Courser and Gamrat had the House Business Office fire Graham and Allard. State lawmakers are free to hire and fire staff without cause.
But the former aides claim that House Speaker Kevin Cotter’s staff failed to stop the firings after they reported that Courser, the Lapeer-area Republican, and Gamrat, the Plainwell Republican, were using taxpayer resources to carry on and later conceal their affair.
“The court concludes that plaintiffs’ allegations are sufficient to demonstrate that they spoke out on matters of public concern,” Quist wrote in a 13-page ruling issued Monday.
The House of Representatives had tried to get Allard and Graham’s lawsuit dismissed.
“Today’s ruling means both sides get to make their case. We are confident that when all the facts have been presented, the House will be vindicated,” Cotter spokesman Gideon D'Assandro said Monday in a statement.
Quist dismissed one count in Allard and Graham’s lawsuit that claimed the House violated their privacy after they were terminated by publishing their Social Security numbers in an 800-page report on Courser and Gamrat’s misconduct in office.
Courser and Gamrat had Graham and Allard fired the first week in July 2015.
The following week, the pair provided The Detroit News with an audio recording of Courser’s May 19, 2015, meeting with Graham in which Courser tried to get the aide to send a fake email to fellow Republicans claiming he was caught having sex with a male prostitute behind a prominent Lansing nightclub. Graham recorded the meeting without Courser’s knowledge.
Cotter, R-Mount Pleasant, ordered the House Business Office to investigate Courser and Gamrat’s behaviors hours after The News published an article about the audio recording on Aug. 7, 2015.
The House later used the audio recording to force Courser to resign and expel Gamrat from office.
On a separate count in the lawsuit, the judge said Allard and Graham can sue over the contents of the House Business Office report that said their firing was proper, but they can’t sue the House over statements lawmakers made publicly about them.
The former House aides are suing Courser and Gamrat for wrongful termination separately in Ingham County Circuit Court.
Ingham County District Judge Hugh B. Clarke Jr. recent dismissed criminal charges against Gamrat that were related to the scandal.
Clarke ordered Courser to stand trial on charges of misconduct in office and perjury for allegedly ordering House staff to forge his signature on proposed legislation and then lying about it to a House committee. Allard and Graham testified against Courser and Gamrat in the criminal case.
Last month, Attorney General Bill Schuette refiled a misconduct in office charge against Courser in Lapeer County for trying to get his House aide to send the lewd “controlled burn” email.
Courser is running for Lapeer County prosecutor against incumbent Tim Turkelson and Lapeer attorney Michael J. Sharkey in Tuesday’s Republican primary.
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