As always, thanks for everyone’s kind remarks, offers, and comments. After a year with absolutely no fruit at all, I am sure looking forward to next year!
Funny that you should ask for an update. Just last week I called the state again and ask them for a copy of my complete file along with the final disposition of my case (i.e. what they fined the farmer (aka the Mayor) who did this to me). Just yesterday I did receive that file, and I must say that in many ways I was quite impressed. It had notes from all the interviews they did with surrounding property owners, many lab results from tests done on “organic materials” from all the properties surrounding me, notes from their interviews with the offender and several of his staff, copies of weather reports for the day and week of spraying, their interviews with me, and much more. The entire file was well over an inch thick and every page in it was something they collected during the investigation. In short, I feel like they did a much more thorough investigation than I expected. ANd just as they promised me when the investigation began, there is absolutely no doubt in my mind whatsoever that if I did want to sue, that file is nothing but a mountain of evidence that proves without any doubt whatsoever who’s overspray killed all my trees and grapes and berries, when they did it, what they used, and so on. The state promised me that if I did decide to sue, their investigation would provide undeniable proof that would almost certainly assure me a victory. Seeing this file, I agree. If I sued, I would win. All that being said, even though its wrong in every way to let him get away with this, that is most likely what I’m going to do. AS I’ve said before, because of our working relationship it is probably in my best interest to just let it go. I understand that its illegal for him to fire me because of that, and the reality is that he can’t fire me anyway, it takes 3 votes of the 5 City Council members to fire a City Manager. But it would obviously result in a very adversarial working relationship and would drastically change my entire working environment and cause quite a bit of a scandal locally. The newspapers would love running stories about the city manager suing the mayor, and even though I think most people would support me, its just not the kind of publicity that is good for anyone or the town and it would be a big distraction. I have enormous latitude and decision making authority right now because my council likes and trusts me. I wouldn’t trade all that for a few thousand dollars even if knew 100% that I’d win.
All that being said, I can’t give you the final update on this matter because it STILL isn’t over. The one thing you’d (and me) most like to know is what the State did to him- ie what was his penalty. On the very top of my file that they sent me was a handwritten note that said “disciplinary hearing has not been held as of 11-1-15, but should occur by January 1, 2016”. So we don’t know. What I do know is that the state has promised me that he will have to pay a minimum of $1,000 fine and maximum of $10,000. They also said he and/or the person who did the actual spraying will have to take a class on how to property spray herbicide/pesticides. IF they fine him $1,000 and make them take that class, then the state will have done more than expected. I’ve seen state agencies do much less in cases that I thought were more serious than this.
I think now that I have this huge file filled with proof, I’ll probably make a full copy of it, give it to the Mayor, and be pretty civil about it and just say “hey, here is the absolute, undeniable proof that you killed all my trees and plants and I’d appreciate it if you’d go ahead and turn it in to your insurance so they can reimburse me at least for the cost of the trees and plants if not for all my years of time and all the sprays and fertilized I applied for 3-5 years”. And then I’ think I’ll give him a copy of a list of the trees and plants he killed along with a spread sheet showing price of each killed tree/plant AND a price list from an on-line supplier so he’ll know my prices are fair and accurate.
Then, finally, I’ll just say something along the lines of “I really wish you’d help me out on this since it is 100% your fault, but if you don’t want to do the right thing I’m not going to sue because that’s just not who I am”. I can’t imagine any 1/2 way decent human being seeing all that proof that they ruined someone’s property and cost them a lot of money and not stepping up and doing the right thing…especially when all the have to do is give my number to their insurance company and let them settle with me. But I could be wrong. After all, he’s known since April that he did this and he hasn’t mentioned it since. So who knows. If his plan was just to wait me out and hope I’d just move on, then as much as it will pain you and me to admit it, its working. I’ll post an update if and when there are any new developments. thanks.