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Anthony Chubb, attorney for the city of Flint, listens as arguments are made to Archie Hayman, Chief Judge 7th Circuit Court, on whether to certify the class in a class action lawsuit against the city of Flint and the handling of water services at Genesee Circuit Court in Flint, Mich. on Monday Aug 31, 2015. (Christian Randolph/Flint Journal)
FLINT, MI - City records show Flint officials agreed to pay $56,000 to keep a former city attorney from going public with claims of racial discrimination against Mayor Karen Weaver.
Documents obtained Tuesday, July 12, by MLive-The Flint Journal through the Freedom of Information Act show the city agreed to pay former Interim City Attorney Anthony Chubb in exchange for his promise not to sue the city or publicly disclose the terms of the agreement.
Chubb served as the interim-city attorney following former City Attorney Pete Bade's resignation at the beginning of 2016. He served in the interim capacity until Mayor Karen Weaver appointed Stacy Erwin Oakes as the new city attorney.
He was made deputy chief legal officer when Erwin Oakes started her appointment March 28.
However, a day before Erwin Oakes started with the city, records obtained from the city show Chubb emailed Weaver, then-Chief Financial Officer Jody Lundquist, Erwin Oakes and an attorney contracted by the city and threatened to file a lawsuit against the city over his demotion.
"As I set forth in our previous conversation, it is clear that I am more qualified to serve as the Chief Legal Officer than your appointment," Chubb wrote to Weaver. "Whether your determination is a result of my allegation that you are violating City ordinances, or the simple fact that I am not consistent with the racial composition of your new leadership team, this is unjust and illegal."
The email does not outline specifically what ordinances Chubb claims Weaver was violating.
"It is my intention to file a lawsuit as a result, but it is my sincere belief that the media surrounding such litigation could discredit the work you are doing for our City, and potentially jeopardize funding for rebuilding from the water crisis," Chubb wrote.
Chubb did not specify what type of lawsuit he would file against the city, but he did refer to the Whistleblowers' Protection Act in his email.
At the time of Chubb's email, all of Weaver's appointments to key city positions since she took office in November were black. Chubb is white. On June 27, city council approved Weaver's appointment of finance director David Sabuda - a white man.
City spokeswoman Kristin Moore denied race played a factor in the decision not to appoint Chubb to the city's top legal post.
"The Mayor's decision to not appoint Anthony Chubb as the city attorney had nothing to do with allegations that may have been made regarding ordinance violations or his race," Moore said.
Moore declined to comment further, citing city policy not to comment publicly on personnel matters.
The city denied any wrongdoing in the settlement agreement.
Chubb, who signed a confidentiality agreement as part of the settlement, declined comment.
Documents obtained previously by MLive-The Flint Journal through the Freedom of Information Act showed Erwin Oakes hired law firm Foley & Lardner in March to represent the city, investigate and respond to the allegations made by Chubb against the city.
The documents did not outline the allegations made by Chubb, who resigned from the city effective June 10.
The city of Flint denied a FOIA request from Mlive-The Flint Journal, citing attorney-client privilege, seeking emails and other documentation outlining Chubb's allegations.
MLive-The Flint Journal is appealing the denial.
A contract, signed by Erwin Oakes on March 29 agreed to pay Foley & Lardner up to $5,000 for its services regarding Chubb's allegations.
However, the city claims it received no reports from Foley & Lardner on the results of its investigation.