2024 in review: Council member's lawsuit hung over year for Rochester

ROCHESTER — The start of 2024 ended the months of restrictions posed by the censure of Rochester City Council member Molly Dennis, but it also saw the begining of a lawsuit by the one-term elected official.

On Jan. 22, Dennis, who represents Ward 6, filed a lawsuit against the city, Mayor Kim Norton and fellow council member Patrick Keane, claiming her March 6, 2023, censure, as well as following actions, violated state and federal protections against discrimination based on her attention deficit/ hyperactivity disorder diagnosis.

“This clearly improper and probably illegal censure imposed harsh limitations and unprecedented restrictions that had the intended (effect) of demoting Dennis to employee status and which, in addition, has prevented Dennis from carrying out her constitutional and statutory duties as an elected public official,” she wrote in the complaint seeking an award “in excess of $50,000” on each of eight counts of alleged discrimination and other allegations.

Dennis had started signaling a potential lawsuit in the weeks and months after the censure, but said she didn’t want to hurt the city’s reputation by taking action in court.

However, an inconclusive outcome to a 2023 U.S. Equal Employment Opportunity Commission complaint filed by Dennis eventually led to a 90-day window to file a lawsuit. That window would have expired at the end of January.

The case initially was slated for a potential jury trial as early as Sept. 30, 2024, but the city sought to have the case moved to federal court for review, citing Dennis’ allegations being tied to federal statutes, including the Americans with Disabilities Act, the Civil Rights Act of 1991 and the Lilly Ledbetter Fair Pay Act of 2009.

The switch to federal court also came with a request to have the lawsuit dismissed, with attorneys for the city arguing that Dennis, who is representing herself, failed to make claims rooted in law or that were assertions without evidence.

“There is no indication that that is connected to council member Dennis’ disability.” Erin Emory, an attorney from the Minneapolis-based Greene Espel law firm, said during an April hearing in a St. Paul courtroom.

The censure cited concerns about “Intimidating physical behaviors” Dennis allegedly made during disagreements, “inflammatory and unfounded allegations against council colleagues and city staff," “excessive use of city time and resources,” and “threatening and manipulative behaviors” toward staff and elected officials.

While Emory said these actions aren’t seen as connected to ADHD, Dennis has argued that they stem from her communication style, which is influenced by her neurodivergent disability.

She also alleges the council specifically sought measures limiting her communication with staff to email — a channel of communication that she says is incompatible with her ADHD diagnosis. Since she could not call city staff for clarification of emails, she said her ability to be an effective council member was diminished.

While waiting for a decision, Dennis filed to run for a second term and campaigned in a four-way primary contest. In the Aug. 13 election, Dennis finished fourth and did not advance to the Nov. 5 ballot. Her council term will end on Dec. 31.

In October, U.S. Federal Court Magistrate Judge Douglas filed a report recommending three of the lawsuit’s nine complaints merit continued review with the others to be dismissed. The recommendation was made to the presiding judge, Chief Judge Patrick J. Schiltz, who will make a final decision on the status of the case.

It’s not uncommon for federal court proceedings to take time to play out.

A 2022 employment discrimination lawsuit filed by former Rochester Fire Department Administrative Services Manager Curtis Pronk remains active in the federal courts, with the latest order calling for a settlement conference following an Aug. 7, 2024, hearing.

It’s unclear how long it will take to resolve Dennis’ lawsuit, since no additional hearings have been scheduled.

The lawsuit did have some impact on city meetings during the year, with Rochester City Attorney Michael Spindler-Krage occasionally pointing out to council members, including Dennis, that certain comments and discussions were inappropriate amid the ongoing litigation.

Dennis has frequently stated that she believes her comments about her ADHD diagnosis and other matters that Spindler-Krage has flagged are not related to her lawsuit. She has also voiced concern about retaliation by council members.

She has said some council members have opted not to work with her outside official meetings due to the lawsuit, and she has suggested her ejection from three council meetings were an effort to silence her.

Dennis was first ejected on May 20, 2024, during a discussion of parking tickets, with the council member questioning whether dismissed parking tickets are tracked and alleging at one point that it is illegal for a city official to dismiss a ticket. After the city clerk said it is not illegal to dismiss a ticket, Dennis stated "so you can fix residents' tickets." After several warnings, Council President Brooke Carlson asked Dennis to leave the meeting.

Periodic tensions remained during the following meetings, but it wasn't until Oct. 8 that Dennis was ejected from a second meeting. The conflict started with allegations that Dennis was encroaching on space used by City Administrator Alison Zelms and continued into a discussion about the 2025 Destination Medical Center budget, which Dennis used to discuss past projects.

Dennis was ejected from a third council meeting on Dec. 2 during a discussion of Rochester’s 2025 budget and tax levy, which included the council member making allegations about city officials and past spending practices. Carlson said Dennis was ejected for interrupting other council members and showing a lack of courtesy in the discussion.

While she wasn’t allowed to vote on the budget, Dennis said she planned to vote against it, which would have completed a four-year streak of opposing the city’s budget and tax levy.

As the Ward 6 council member prepares to end her term in office, she said media reporting of her term has made her search for a new job difficult.

“Luckily, I have several important commitments lined up in the next year,” she said in an email, without providing details.