Former Planning Director Files Whistleblower Lawsuit Against City

Former Traverse City Planning Director Shawn Winter has filed a whistleblower lawsuit against the City of Traverse City alleging he was retaliated against and ultimately fired after reporting suspected illegal conduct by city officials and refusing to participate.

Winter's attorney, Blake Ringsmuth, filed the lawsuit in Thirteenth Circuit Court under Michigan’s Whistleblowers’ Protection Act. Winter is seeking "damages for the economic and other harm caused by the alleged retaliation and has requested a jury trial," according to a release.

The lawsuit says Winter warned City Manager Benjamin Marentette "that he believed grant information was about to be improperly altered to qualify the project for government funding that it did not qualify for," the release states. "Winter also reported his concerns to the city attorney and sought a meeting to address them. Instead, Winter was disciplined by the city manager."

As previously reported by The Ticker after obtaining documents through a Freedom of Information Act (FOIA) request, Winter raised concerns after being asked to help HomeStretch, the city’s partner on the Lot O redevelopment, pursue a workaround that could improve its score on a state funding application. Winter flagged his discomfort with City Attorney Lauren Trible-Laucht. Marentette later wrote he was disappointed that Winter suggested the request might be "fraudulent," saying Winter was expected instead to "vet the request and circle back with a professional, informed response."

The release also claims Winter "repeatedly objected to directives from the city manager and a city commissioner concerning city planning decisions that Winter believed violated Michigan law," with Trible-Laucht preparing a "memorandum supporting Winter’s position."

The lawsuit also alleges that "city commissioners pressured the city manager to fire Winter or take other adverse employment action against him. Such interference by commissioners is a crime under the city charter," according to the release. While not related to Marentette, The Ticker's FOIA showed City Commissioner Jackie Anderson attempted to influence Winter's discipline under former City Manager Liz Vogel.

Winter was fired on July 29, with no cause publicly given. Ringsmuth says it's "particularly troubling that after firing Shawn, the city manager publicly encouraged people to obtain his personnel file. It’s further proof of Marentette’s retaliatory motive and, frankly, his unprofessional manner. Our suit will explore whether he is even qualified to hold the position under the city charter’s requirements. Sadly, this is not the first time the city manager has retaliated against a whistleblower."

According to his attorney, Winter "hopes the case will contribute to greater accountability, transparency and stability within city government."

"Shawn cares deeply about Traverse City," Ringsmuth says. "The goal here is accountability, but accountability is not an end in itself. Good government requires employees who are willing to speak up when they believe something is wrong, and leadership willing to listen to them. Ultimately, this case is about helping make Traverse City an even better place to live and work."

Marentette declined to comment on behalf of the city.