A federal judge in Eugene has barred the city of Corvallis from removing a city council member from office until her lawsuit is resolved.
Charlyn Ellis has accused the city of violating her constitutional rights. The city has accused her of overstepping her authority.
During the hearing Thursday, Jesse Buss, the attorney for Ellis, said the fear of being removed from office had chilled her, and her constituent’s rights to free speech.
The city has maintained that Ellis’ efforts to get the city to fill a vacant position violated the city’s charter. Attorneys have argued only the city manager can hire and fire.
Corvallis’s attorney, Kerry Shepherd, argued an injunction was not necessary since the city had already paused efforts to remove her. He also argued that her speech had not been chilled, because she’s only restricted from trying to coerce the city manager’s hiring decisions.
U.S. District Judge Ann Aiken said she would grant the injunction to keep the status quo while the case is litigated.
In a previous interview with KLCC, Ellis said she believed the section of the charter the city cited was meant to address cronyism. She said she hasn't asked for a specific employee to be hired, but for the city to fill a vacant staff support position for the city’s climate committee.
Ellis and her attorney have argued that part of the charter should be invalidated if it requires her to forfeit her office for advancing her constituents' concerns.
In a filing last week, attorneys for the city of Corvallis denied Ellis’ claims that the city is trying to retaliate against her or silence her. They also argued the city had not violated her free speech rights.
“Statements were made and/or conduct was taken pursuant to her official duties,” attorneys wrote, “For that reason, among others, those statements/conduct were not protected.”
The city has asked for the case to be dismissed.
