Scottsdale Mayor Lisa Borowsky’s former chief of staff, who was fired last month, took the first step toward suing the city for over $1 million, claiming his termination was part of a politically motivated hit coordinated by the city manager.
City Manager Greg Caton fired Lamar Whitmer in March, just months after Borowsky brought him on as her chief of staff.
Whitmer was initially suspended in January so the city could conduct an investigation into his behavior. Investigators concluded he was insubordinate, made unprofessional comments, engaged in political activity prohibited by city rules and attempted to use his position to get out of a parking ticket.
Whitmer has denied many of those allegations.
And, on Wednesday, his attorney sent the city a notice of claim, the first step a person must take before filing a lawsuit.
The claim accuses Caton of targeting Whitmer for political purposes.
“It is clear the outcome was pre-determined and that it was based on personal animus Mr. Caton had and differences with Mr. Whitmer that were not substantial or even justifiable,” according to the notice, which was written by attorney Dennis Wilenchik.
The city declined to comment on the allegations.
“The city has received the notice of claim and, consistent with our practice, does not comment on pending or potential litigation. No further comment will be provided,” city spokesperson Holly Peralta said.
Wilenchik argued that allegations that Whitmer was insubordinate and didn’t follow Caton’s direction are irrelevant, because Whitmer reported to Borowsky, not Caton.
That means the city manager didn’t have the authority to fire Whitmer in the first place, he wrote.
“Mr. Caton has no business interfering in the Mayor’s directions to her staff,” he wrote.
A copy of the City of Scottsdale’s official job description for the chief of staff position, provided in response to a public records request, confirms Wilenchik’s depiction.
“This position within the Mayor’s Office reports directly to the Mayor,” according to a subsection titled “Reporting Relationship.”
Wilenchik also denied allegations in the report that Whitmer attempted to interfere with a recall petition against Borowsky, which would violate rules that prohibit city employees from engaging in political activity.
The report claims Whitmer scheduled meetings with the NAACP after the organization requested recall petition information. That came months after Borowsky and the City Council voted to end the city’s Juneteenth celebration and other diversity, equity and inclusion initiatives.
The city’s report accuses Whitmer of promising to help reinstate a Juneteenth celebration and convince it to drop the recall, and alleges he admitted “to making efforts to comply with the NAACP's requests” during conversations with investigators.
Wilenchik claims the meetings with NAACP officials weren’t related to a potential recall.
“In fact, the NAACP’s chief issue was with Mr. Caton himself, specifically about his
approach towards inclusion and culture within the City of Scottsdale and his shameful
attitude he displayed,” he wrote.
The Arizona Chapter of the NAACP did openly call for Caton to resign earlier this year over his alleged unwillingness to promote diversity programs, the Arizona Republic reported.
But Wilenchik’s notice of claim fails to address a litany of other issues raised in the city’s investigative report, including allegations that he made inappropriate racial and sexist remarks to other city employees.
It also doesn’t comment on allegations that Whitmer attempted to use his position to get out of a parking ticket.
Scottsdale City Court employees told investigators that Whitmer tried to give them his city business card and convince them to throw out the ticket, which was issued in his wife’s name, claiming it was the product of a misunderstanding.
Whitmer claimed he received the ticket after parking in a spot at City Hall designated for the mayor. He told investigators that Borowsky had given him permission to use the spot.
But a supplemental report produced by the city in response to a public records request alleged that story isn’t true.
According to that report, photos taken by the police aide who issued the ticket showed Whitmer was not parked in a spot reserved for Borowsky or the City Council.
“The photos illustrate that the citation was issued for parking in a space marked ‘Police Vehicle Parking Only,’” according to the report.
In the notice of claim, Wilenchilk indicated he could ask a court to reinstate Whitmer because Caton “has no authority” to fire him. It also accuses the city and Caton of defamation, breach of contract and due process violations.
Whitmer is willing to settle the claim if the city pays him $1.5 million.
After the allegations became public, Borowsky distanced herself from the controversy.
“To be clear, I do not condone inappropriate workplace conversations, did not witness them and would not tolerate them,” she said in a statement. “Furthermore, I fully believe workplace rules should be followed, public trust should never be abused, and this has been fully communicated to my staff. My hope for the people of Scottsdale is that his replacement will be allowed to fulfill the responsibilities of a chief of staff to a mayor – including speaking with city staff. The people deserve to move past petty politics and move forward in a manner befitting the history and expectations of the city of Scottsdale. I wish Lamar the best in his future.”
Whitmer has long-standing connections to the Borowsky family.
In 2022, Borowsky, an attorney by trade, joined Wilenchik & Bartness. The firm’s founder, Wilenchik, is not only representing Whitmer but previously represented Borowksy during controversies early in her tenure as Scottsdale mayor.
And, back in 2006, Whitmer worked as a political consultant for Scottsdale strip clubs – including a club owned by Todd Borowsky, Lisa Borowsky’s brother – that were opposing a ballot proposition that would have outlawed lap dances in the city.
The Arizona Republic reported Todd Borowsky is again butting heads with the city, suing the police department over allegations it exaggerated police reports related to claims by customers who say they were drugged at his strip clubs.
His attorney in the case is Wilenchik.
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