ICMA Censures James Freed Over Nonexistent Vaccine Mandate – Daily Signal
                            March 18, 2024
                                FIRST ON THE DAILY SIGNALThe professional association for city    managers issued a public censure against a Michigan city    official in part because he promised firefighters and police    that he wouldnt impose a hypothetical vaccine mandate but    would instead follow alternative COVID-19    protocols. Now, hes suing to restore his good name.  
    I was honestly heartbroken to see the [International    City/County Management Association] publicly censure me,    faulting me for violating a vaccine mandate that didnt exist,    James Freed, city manager of Port Huron, Michigan, told The    Daily Signal in a written statement.  
    The International City/County Management Association serves as    the major professional association for city managers across the    U.S. The organization claims to be politically neutral, but    Freed says that it censured him in part as retaliation after he    complained about an ICMA leaders left-wing political activity    on Twitter, the social media platform now called X.  
    The management association appears to have believed that    Michigan Gov. Gretchen Whitmer, a Democrat, had imposed a    vaccine mandate, although she did not. The association censured    Freed in part for vowing that he wouldnt enforce such a    mandate. The censure mentioned Freeds response to Whitmer    after the governor falsely claimed that his city had violated    COVID-19 protocols.  
    Freed spoke to The Daily Signal before the Supreme    Court ruled in his favor on an unrelated matter regarding    his decision to block another user on Facebook.  
    The story traces back to November 2018, when Freed noticed that    a Twitter account with the handle @ICMAEthics started liking    posts    that opposed Republicans.  
    Freed wrote a letter to Martha Perego, the ICMAs director of    member services and ethics who ran the account. He noted the    accounts increasingly partisan activity, saying its handle    leads the public to believe that this type of social media    activity and behavior represents the members of our    association.  
    I am requesting that either you delete and unlike any    political activity and statements that may conflict with our    Code of Ethics, or simply change your Twitter    handle to something that does not appear to represent    ICMA, Freed wrote to Perego.  
    Marc Ott, executive director of the International City/County    Management Association, wrote a letter to Freed one month    later, saying he had directed Perego to remove political    activity from the Twitter account and disconnect it from the    ICMA. Freed thought that was the end of the matter.  
    Yet ICMA launched an investigation into Freed, claiming that he    had violated the management associations code of ethics by    sharing information about an official ethics complaint in an    improper venue. Freed had shared his concerns about the    @ICMAEthics Twitter activity in a private Listserv for the    Michigan    Municipal Executives Association.  
    On Jan. 28, 2018, Jessica Cowles, ICMAs ethics adviser and an    assistant to Perego, called Freed to notify him that the    management association had launched an ethics investigation    into his behavior. In the call, which Freed recorded and made    available on the     City Manager Unfiltered podcast, Freed repeatedly told    Cowles that he had no intention of filing a formal ethics    complaint against Perego. But Cowles didnt appear to receive    the message.  
    In June 2019, the ICMA Committee of Professional Conduct    cleared Freed of the accusations in the complaint. Later that    year, the ICMA investigated another ethics complaint against    Freed, claiming that his social media posts were political. The    ICMAs Committee of Professional Conduct ultimately cleared    Freed in that complaint, as well.  
    In his lawsuit against the International City/County Management    Association, Freed argues that these investigations were        frivolous acts of retaliation and signs of things to    come.  
    During the COVID-19 pandemic, Freed followed the guidance of    health agencies, but faced a fine and ridicule from Michigans    Democratic    governor, Whitmer, over a false report that he had not done    so.  
    Matthew Hartman, an inspector at the Michigan Occupational    Safety and Health Administration, issued a $6,300 fine to Port    Huron, where Freed is city manager, after visiting on July 21,    2020. Hartman later testified under oath that he burned his    notes from that visit,     the Detroit News reported.  
    Hartman had not witnessed any city employee who wasnt wearing    a face mask or was violating COVID-19 rules, but he claimed    that employees he interviewed said they saw such violations. He    also said he destroyed emails from his supervisor regarding the    case.  
    Hartman confessed this in a deposition to Todd Shoudy, an    attorney for Port Huron. Shoudy later notified Michigans    occupational safety and health agency that he planned to depose    its director, Bart Pickelman. Six days later, the agency    announced it would dismiss the case against Port Huron.  
    Freed urged the state Legislature to investigate the Michigan    Occupational Safety and Health Administrations governance    structure.  
    My heart breaks for all the small businesses and mom-and-pops    that didnt have an expert legal team, who didnt have the    resources to put MIOSHA under oath, Freed told The Detroit    News at the time. Port Hurons appeal cost between $15,000 and    $20,000.  
        MIOSHA dropped the fine in November 2021.  
    Whitmer, Michigans governor, had said the agency fined only    employers who flouted COVID-19 rules.  
    On the same day MIOSHA dropped the fine, Freed posted a    Breitbart story on Instagram, tagging Whitmer.  
    @gewhitmer you shouldnt mess with a father who cares about    the world his little girl grows up in, the city manager wrote.  
    Also in November 2021, the U.S. Labor Departments Occupational    Safety and Health Administration issued an emergency temporary    standard requiring large employers those with 100 employees or    moreto make employees take a COVID-19 vaccine or get tested    regularly for the disease. OSHAs    emergency temporary standard didnt apply to Port Huron,    but Freed anticipated that MIOSHA would apply similar rules.  
    I did everything I could to protect my employees during the    COVID-19 pandemic, Freed told The Daily Signal.  
    He said he prepared to follow the testing regimen that OSHA    presented as an     alternative to the vaccine requirement. Even though OSHAs    temporary standard didnt apply to Port Huron, he anticipated    that MIOSHA would adopt the temporary standard.  
    Freed said many city employees told him they would quit if he    forced them to take a vaccine, so even though he had taken a    COVID-19 vaccine himself, he decided on the option that didnt    mandate the vaccine for others. The city manager sent a letter    to employees stating, I will never enforce a vaccine mandate    upon my employees.  
    Freed predicted that a federal judge would issue an injunction    against any such mandate, and that the Supreme Court also would    rule against it. The    Supreme Court unanimously blocked the rule in January 2022.  
    Freed insisted that Congress makes laws, not unelected    bureaucrats.  
    I felt the liberty and personal choice of my employees    warranted protection, and I needed to send a clear message to    my employees that I would not force them to be vaccinated in    order to avoid losing critical employees that would have been    difficult to replace, Freed told The Daily Signal.  
    On July 5, 2022, the International City/County Management    Association publicly censured Freed, in part for his apparent    unwillingness to enforce a vaccine mandate that didnt exist.    The association sent a press release to media and issued a post    on its website announcing the censure. Freed has highlighted    the differences between the documents.  
    The ICMA Executive Board voted to censure Freed on June 11,    2022.  
    The board determined Mr. Freeds personal social media post    directed to Michigans governor following the citys successful    appeal of a state workplace safety violation did not reflect    the highest standards of ethical conduct and integrity and was    especially inappropriate for an ICMA-credentialed manager, the    association said in the press release.  
    The board concluded Mr. Freeds preemptive declaration to city    employees that he would never implement a specific law or    policy when it is the managers duty to do so is contrary to    the principles outlined in Tenet 3 of the [ethics] code, the    statement continued. Finally, the board found his commentary    to a colleague on the Michigan Municipal Executives listserv    failed to adhere to his ethical obligation to treat colleagues    with professional respect.  
    The ICMAs website post went into greater detail on the first    two counts against Freed. For the post about Whitmer, the    association claimed Freed failed to fulfill his ethical    responsibility to ensure that his conduct builds trust and    respect with elected officials as well as the public.  
    When it came to the issue of a vaccine mandate, the ICMA acted    as though Freed had vowed not to enforce an existing law.  
    The management association said on its website: The board    concluded (1) a member has an affirmative duty to follow the    law as outlined in Tenet 3s commitment to honesty and    integrity; (2) a member may choose to resign from their    position if they find they cannot implement a law or policy    because it conflicts with their personal or professional    beliefs; and (3) a manager has a responsibility to ensure their    conduct enhances public trust in their position, their    organization, and the local government management profession.    The board determined his preemptive declaration to city    employees that he would never implement a specific law or    policy was contrary to the principles in Tenet 3.  
    Before the public censure, the International City/County    Management Association allowed Freed to appeal its    recommendation for a censure. He did appeal, and the ICMA    rejected his appeal.  
    Among other things, the association took issue with his    complaint that unelected bureaucrats do not make laws because    it overlooked the fact that the governor is an elected    official. Whitmer played no role in OSHAs emergency temporary    standard, however.  
    During Freeds June 11, 2022, appeal hearing, ICMA board    members sent text messages condemning him as a douchebag and    saying they wanted to punch him in the face.  
    William Fraser, city manager of Montpelier, Vermont, messaged    Pam Anthill, city manager of Encinitas, California.  
    He just looks like a douchebag, Fraser wrote to Anthill.  
    He is, Anthill responded.  
    I already want to punch him in the face, Fraser added.  
    Fraser told The Daily Signal he regrets making those comments.  
    During the hearing about Mr. Freeds ethics violations, I sent    a private text message to a colleague which was uncomplimentary    to Mr. Freed, he wrote in a statement Thursday. I very much    regret making those comments.  
    Notwithstanding those remarks, I voted against issuing a    public censure to Mr. Freed, Fraser added. I am no longer a    defendant in Mr. Freeds civil suit and have completed my term    as a member of the ICMA executive board.  
    Fifteen days after the ICMA formally censured Freed, the Port    Huron Mayor and City Council sent the association a letter in    which it stood by Freed.  
    In consultation with our legal counsel, we strongly disagree    with your findings, the mayor and council wrote.  
    No law or pending law was preemptively declared to be    violated, the elected city leaders added. You provided no    such evidence to support your claim. On the contrary, our city    manager took steps, by words and action, to comply with all    current laws and any pending laws, while at the same time    respecting the civil liberties of our dedicated employees.  
    Additionally, although you may not like professional criticism    of elected or appointed officials, it is lawful [and] ethical    by ICMA standards and constitutionally protected, the city    leaders wrote. Our city manager did not breach or erode public    trust.  
    The mayor and council members declared their confidence and    trust in Freed, asking the ICMA to retract your baseless    censure.  
    Despite the city councils support, Freed worries that the    public censure may prevent him from getting a job in any other    jurisdiction. While the city council has supported him, the    censure may still stymie his career.  
    Freed sued ICMA and others in September 2022,     alleging defamation, false light invasion of privacy, and    conspiracy against him. The Port Huron city manager seeks    $75,000 per defendant ($25,000 per claim), plus costs,    interest, and attorneys fees. That doesnt include emotional    and embarrassment damages, which the jury must decide.  
    Even though ICMAs case against me is based on their false    understanding of the situation on the ground in Michigan at the    time, the professional organization has refused to revoke the    public censure which is very damaging to my professional    reputation, Freed told The Daily Signal. Sadly, I am left    with no other recourse but to sue to restore my good name and    protect my ability to provide for my family.  
    Neither the International City/County Management Association    nor Anthill nor Whitmers office responded to The Daily    Signals request for comment by publication time.  
    Have an opinion about this article? To sound off, please    emailletters@DailySignal.comand    well consider publishing your edited remarks in our regular    We Hear You feature. Remember to include the URL or headline    of the article plus your name and town and/or    state.  
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ICMA Censures James Freed Over Nonexistent Vaccine Mandate - Daily Signal