By Jim Bloch
The International City/County Management Association censured Port Huron City Manager James Freed and expelled him from the organization for violating Tenet 3 of the ICMA’s Code of Ethics. The executive board took the action at its meeting June 11th, 2022. The organization announced Freed’s censure and expulsion in a post dated July 5, 2022 on its website.
Freed sued the ICMA in 31st Circuit Court of St. Clair County in September 2022, alleging that the ICMA defamed him, portrayed him in a false light and violated his right to privacy
Now the two parties have settled their differences.
The ICMA announced the settlement in a statement Sept. 20th.
“The International City/County Management Association (ICMA) and James Freed have resolved their differences regarding Case #22-001981-CZ,” the organization said. “The terms of the agreement resolving the lawsuit are confidential and will remain confidential. ICMA stands by its Code of Ethics and its process in investigating complaints, and this statement is made to clarify the following regarding the specifics of this case.”
The ICMA’s condemnation of Freed centered his actions during the height of the COVID-19 pandemic — on a social media post he made, an email from him to city employees and, allegedly unprofessional comments Freed made to a colleague on the state association’s listserv.
In the ICMA’s words: “Following the city’s successful appeal of a state workplace safety violation, Freed directed a personal social media post to Michigan’s Governor ‘@gewhitmer you shouldn’t mess with a father who cares about the world his little girl grows up in.’ … Freed sent an email to city employees in November 2021 that included the statement, ‘Hear me now, I will never enforce a vaccine mandate upon my employees.’”
In the settlement statement, the ICMA board said it A) “did not find that James Freed is dishonest or lacks integrity. Nor did ICMA’s investigation into the ethics complaint disclose any evidence that Mr. Freed was dishonest or lacking in integrity. B) The Board did not find that James Freed violated or refused to enforce an existing law. The Board also understands that his email statement to his employees regarding the OSHA-ETS was intended to communicate his position regarding vaccine mandates consistent with the legal options available under the then existing OSHA-ETS. C). A public censure is not and should not be viewed as ICMA’s opinion relative to one’s ability to serve a community as a city manager. Nor is it necessarily an indicator of one’s personal character.”
The ICMA’s statement also included a statement from Freed: “I am grateful to the leadership of ICMA for taking action to clarify its findings,” the city manager said. “I have always believed that there is tremendous value in the work of ICMA and its leadership to promote professional management in local government.”
Both parties apparently have put the conflict behind them.
“ICMA has removed the public censure regarding Mr. Freed from its website,” the organization said, “and ICMA and James Freed consider this matter resolved.”
Jim Bloch is a freelance writer based in St. Clair, Michigan. Contact him at bloch.jim@gmail.com.
