Alma Police Chief Kendra Overla has filed a lawsuit against the city and a former Alma official for several forms of discrimination.
The lawsuit, filed by Overla in the U.S. District Court Eastern Michigan District against defendants former city manager Phil Moore and the city, alleges several instances of discrimination by those within the police department and city government.
Compensation for lost wages (both past and future), benefits and more are being sought for the city violating the Equal Pay Act of 1963.
Overla received less compensation for essentially the same work as her male counterparts, suffered loss of advancement opportunities, humiliation, embarrassment and emotional distress, the lawsuit alleges.
“We brought the lawsuit to determine the violations of the Equal Pay Act, which means that she was paid less simply because she was a woman,” said Heidi Sharp, Overla’s attorney, on Wednesday. “Furthermore, there were violations of Title VII and the First Amendment and she’s entitled to justice and amounts that are determined by a jury.”
No dollar amount in demands have been determined yet, Sharp said.
The same compensation measures are being sought for a violation of the Civil Rights Act of 1964 for sex discrimination.
The lawsuit alleges Overla’s sex was a factor in the decision to deny her compensation, a take home car, a promotion to interim public safety director, an interview for the public safety director position, and treating her differently than other similarly-situated men in the department.
A jury trial is being sought in the case, which was filed in April. The city and Moore have until July 6 to respond to it.
The main discrimination issue involves her pursuit of the then-position of city public safety director.
When then-public safety director David Walsh retired last year, Overla wanted to be considered for the interim public safety director position but was not chosen.
Instead, Sgt. Mark Williams was chosen, despite Overla being more qualified, the lawsuit alleges.
“When asked what Plaintiff (Overla) was lacking for the position or what she could improve upon, Defendant Moore had no response and could not explain why he chose Williams,” the complaint stated.
The lawsuit alleges Williams was chosen for the position because he is male.
In addition, the interim director position afforded Williams a pay increase above what Overla was making, and that Overla began reporting to Williams whereas before Williams reported to Overla.
In April last year, two police officers were laid off by the city in a cost-saving move as requested by Moore.
Overla spoke out about the layoffs at the April 25 city commission meeting.
On May 4, Overla was informed by Michigan Municipal League recruiter Kathie Grinzinger that her interview for the permanent director position - which was in the search process at the time - was cancelled, days before four other, male candidates from outside the city were interviewed.
Another part of the lawsuit filed against the city is for retaliation because of her comments made at the commission meeting that allegedly caused Moore to withdraw her consideration for the position.
Loyalty from department heads was requested by Moore, according to the lawsuit.
This is also in agreement with comments made by Grinzinger to Moore and Aeric Ripley, Alma Assistant City Manager and Downtown Development Authority Director, that were found in an email via a Freedom of Information Act request by The Morning Sun last year.
On May 9, Mayor Greg Mapes announced the cancellation of the selection process for a permanent director and that a review of the city’s hiring policies would take place.
During this time, Williams remained in the interim director position, receiving the same pay and benefits that came with it, the lawsuit alleges.
In August, Moore resigned from his position as city manager, mainly due to fallout from the way the police layoffs were handled.
In his place, then-transportation director Matt Schooley was put into the interim city manager position. Earlier this year, Schooley was appointed full-time city manager by the commission.
“During a conversation with Mr. Schooley on or about Aug. 22, 2017, Mr. Schooley informed the Plaintiff (that) Defendant Moore had previously told him that despite being the most qualified for the position, (Moore) never intended to hire Plaintiff for the permanent director position,” the complaint stated.
Other instances of discrimination are documented in the complaint.
From 2011 to 2013, Overla was a member of the city fire department but left after she was treated in a “discriminatory and disparate manner” by other, male members of the department, particularly Walsh.
“Further, Plaintiff did not receive the same pay or benefits with the fire department as other male members of the department,” the complaint stated.
A vehicle provided by the city to drive to and from work for the police chief, lieutenants and detectives was not provided to Overla, despite being a lieutenant.
When she was promoted to a lieutenant position, she was not given a “take home” vehicle in the 10 years she asked Walsh for one from 2007 to last year, the lawsuit alleges. Instead, when one became available in 2016, it was given to the fire department.
She has had to use her personal car for this purpose, and was never compensated for this, the lawsuit alleges.
It also alleges she was paid less and received fewer benefits than her male counterparts in the department.
Her grade 8 position of lieutenant was not a grade 9, as the lawsuit alleges it was for her male counterparts, which comes with more pay. “In or about February 2018, Plaintiff inquired about her wage and why it is not commensurate with the other lieutenants in the department. Then-Interim Director Mark Williams and then-Interim City Manager Matt Schooley indicated that her wage had been previously reduced by Defendant Moore and former director Dave Walsh because she was female,” the complaint stated.
Overla was promoted to chief of the police department earlier this year.
However, the promotion came at a time when the structure of the police and fire departments changed to have an overall administrator, which Williams was appointed to.
This change improved Overla’s rank to police chief and gave her a grade 9 rank.