FALL RIVER -- A year ago School Committee member Joshua Hetzler was told that due to a provision in the Charter he was unable run again for office because he worked for the city as a city fire lieutenant, and he took it to court.
Earlier this month, in a final ruling, a federal court judge determined the city had violated Hetzler’s first amendment rights and prohibited any future attempts to keep him from running for local office.
“I’m happy with the decision, it’s what I wanted. Obviously I feel it’s the right decision because I felt my rights were being violated. I’m looking forward to continue to serve the city and being able to in the future,” said Hetzler.
U.S. District Court Judge Leo Sorokin wrote the brief ruling on June 1, and last week the city settled with Hetzler’s Boston-based lawyers, agreeing to pay his nearly $10,000 legal bills, according to Assistant Corporation Counsel Gary Howayeck.
In court filings, Hetzler’s attorney had demanded the city pay almost $25,000, arguing they’d given the firefighter a reduced rate.
Howayeck called the settlement “equitable and just.”
“I’m glad Josh Hetzler settled this fairly and amicably. I want to compliment him for making this easy,” Howayeck said.
Hetzler was re-elected to a second term last November after he was granted a preliminary injunction a month earlier, temporarily putting aside former Corporation Counsel Joseph Macy’s opinion that due to the charter, city employees are prohibited from holding local office.
Last June, Macy wrote an opinion that if re-elected, Hetzler would have to choose between his employment as a Fall River fire department lieutenant or service on the School Committee.
The Board of Elections did not prohibit Hetzler’s name from appearing on the general election ballot and there were not enough candidates running for School Committee to trigger a preliminary election for those seats.
Voters approved the city’s new charter in November 2017 after a committee of citizens worked on writing if for a year-and-a-half; it included the provision that city workers are not able to run for office.
Hetzler is the first city worker to challenge the provision.
Email Jo C. Goode at jgoode@heraldnews.com