This story has been updated to reflect recent activity and to correct errors in the original story published here on Sept. 17.
Depositions and filings in two lawsuits against the City of Rochelle are proceeding, Rochelle City Manager David Plyman said Thursday.
Plyman told WNIJ News that, as far as he knew, there were no settlements in either Lynette Fischer's or Dan Westin's whistlebower lawsuits. The city is preparing to go to trial in both cases, he said.
Fischer, a former human resources manager for the City of Rochelle, was fired in August 2014 and filed suit April 20, 2015. The suit claims Fischer was fired in retaliation for telling city council members several times that Plyman and Westin, who was a business and financial analyst for Rochelle Municipal Utilities, had acted outside the scope of their authority.
She said the two men had advanced city business without following proper procedures and, in some instances, made misstatements to the council about budgets and contracts. Fischer contends her firing for those actions violated the Illinois Whistleblower Act, which prohibits retaliation in such circumstances.
Westin was fired on April 28 and filed his lawsuit Aug. 30. He says Plyman fired him in retaliation for reporting illegal and improper conduct by the city, in violation of the Illinois Whistleblower Act. Westin adds that the firing also violated his constitutional right to freedom of speech.
Plyman has said in published reports that the city denies both Fischer's and Westin’s allegations. Plyman also told WNIJ News that both Fischer and Westin were fired with cause. Reached for comment in September, Plyman confirmed those statements, adding that he thought Westin and Fischer were each just seeking a settlement.
He said he cannot comment further while the suits are being litigated, but he did say that, in his opinion, both suits are “baseless.”
Plyman said Thursday that he is not aware of the next scheduled court date in either suit, but he did say that depositions are proceeding.
Lawyers for the various parties either did not respond for comment.
NOTE: This story has been corrected to provide the actual dates that Lynette Fischer was fired and her lawsuit was filed. The original story also stated that Dan Westin was fired a week after Fischer's lawsuit was filed; it was in fact more than a year afterwards.
The original article also stated that Plyman had said in published reports that both Fischer and Westin were fired "with cause." However, while Plyman was quoted in the Rockford Register Star of Sept. 9, 2016, that the city denied Westin's allegations, WNIJ News found no prior published reference where Plyman said Westin was fired "with cause."
WNIJ News regrets the errors.