Former Golf Pro Sues City, Alderman
The former golf pro at the city-owned golf course is suing the City of Frederick, a sitting alderman, and two city employees for defamation, and more. Donald Frost, who was fired in May 2015, and later charged with theft, was found not guilty by a jury on Oct. 24, 2015. He is seeking $1 million in compensatory damages, $1 million in punitive damages, plus costs and attorney fees. [photo left, Don Frost, Facebook pic]
The suit, received at the Frederick County Courthouse on Sept. 14, was filed in Circuit Court by Frost's attorney, Dickerson-based John P. Valente, III. Frost requested a jury trial, according to court documents obtained by The Frederick Extra.
Frost proclaimed his innocence throughout the nearly two-year ordeal, and said that Alderman Donna Kuzemchak (D) and Clustered Spires Golf Course assistant Scott Peterson conspired to wrongfully terminate him from his job as head golf pro and general manager, a job he held for 19 years. Peterson was an assistant at the time Frost was fired, and now holds Frost's job.
The remaining counts, including defamation, intentional infliction of emotional distress, invasion of privacy - placing a person in a false light include all defendants, including the City of Frederick and former human resources director, Kathryn Nicolato. The count of civil conspiracy is specific to Kuzemchak and Peterson. For a complete description of the counts, read the court documents here. [photo left, Donna Kuzemchak, courtesy of Donna Kuzemchak]
The complaint alleges that Frost's firing was based on findings of an investigation brought against him by the City of Frederick and conducted by Nicolato, and instigated by Kuzemchak. The allegations against Frost, according to the complaint, were based on "rumors, hearsay and conjecture."
Kuzemchak used the influence of her political office, according to the complaint, against Frost, based on Peterson's "erroneous evidence, false and malicious statements and personal animus that resulted in his termination and criminal prosecution."
In the complaint, Frost alleges that the defendants made "false and defamatory statements," branding him "a thief and/or fraud," and impugned his integrity. The parties, the court document says, made those statements "negligently and recklessly."
As a result, Frost alleges that his reputation and character were harmed, his standing and reputation impaired, and that he suffered "mental anguish and personal humiliation." [photo left, Scott Peterson, Clustered Spires website.]
The complaint alleges that the defendants' conduct "was extreme and outrageous beyond the bounds of decency." Since his firing and trial, according to the court document, Frost has been unable to find work and his reputation and standing in the community has been "greatly impaired."
Kuzemchak, who had not yet received word of the suit, said she did what she was supposed to do as an elected official. "Information was brought to me; I shared it with the proper people, and they took it from there," Kuzemchak said.
A call to the city's attorney, Saundra Nickols, was not returned before press time. The defendants have 30 days to file a written response by pleading or motion, according to court documents.
