A critic of the Omaha Fire Department says that his comments on a local radio show are protected speech and that he plans to fight a defamation lawsuit filed against him and his organization.
David Nabity, president of the Omaha Alliance for the Private Sector, said Tuesday that a lawsuit filed last week by fire union president Steve LeClair was "intended to intimidate me and the people who support me and to silence those with the courage to come forward."
Nabity asked Omahans to contribute money to help with the legal effort.
At issue are Nabity's comments during an Oct. 29 talk radio show, the day after State Auditor Mike Foley released a report critical of Fire Department finances.
According to the lawsuit, Nabity said on the show that LeClair had "committed fraud" and "theft by deception." Nabity also accused LeClair of "acting in an illegal and dishonest manner in exercising his employment duties with the City of Omaha" and of "receiving money from public funds" that weren't due to him, according to the lawsuit.
LeClair contends his personal and professional reputation were damaged and that the comments caused him emotional distress.
Nabity said Tuesday his comments were "protected as core political speech under the Constitution."
The state auditor began looking into department finances in February after receiving complaints of financial improprieties. At least some of the complaints came from the Omaha alliance.
City Finance Director Pam Spaccarotella has said many of the problems noted in the auditor's report have already been or are being addressed.
Foley criticized the fire union and its lawyer for their actions during his investigation. Auditors wanted to question union officials about the hours they said they worked on union business, as allowed by their contract.
Foley said his office had questioned why LeClair claimed six hours of union-related work during his regular schedule. Past union leaders have used hundreds of hours.
On the advice of their attorney, union officials declined to answer auditors' questions in an interview and LeClair later submitted written answers.
Nabity said LeClair's lawsuit sent a “clear message.”
“If you work to expose how they have been plundering the city's coffers, at the expense of Omaha taxpayers, they will attack you,” he said.
Corrigan said the lawsuit was not about the union or the Fire Department.
“This is about Steve LeClair,” Corrigan said. “He's a good guy and shouldn't have to have his name drug through the mud.”
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