{"id":2448972,"date":"2019-09-20T13:04:00","date_gmt":"2019-09-20T19:04:00","guid":{"rendered":"https:\/\/www.aspentimes.com\/news\/scanlon-vs-basalt-round-2-former-town-manager-alleges-defamation-in-pending-lawsuit\/"},"modified":"2019-09-20T13:04:00","modified_gmt":"2019-09-20T19:04:00","slug":"scanlon-vs-basalt-round-2-former-town-manager-alleges-defamation-in-pending-lawsuit","status":"publish","type":"post","link":"https:\/\/alwaysmountaintime.com\/kspn\/local-news\/scanlon-vs-basalt-round-2-former-town-manager-alleges-defamation-in-pending-lawsuit\/","title":{"rendered":"Scanlon vs. Basalt, Round 2: Former town manager alleges defamation in pending lawsuit"},"content":{"rendered":"<figure class=\"wp-block-image p402_hide\">\n<div class=\"caption-container\">\n<p><img loading=\"lazy\" decoding=\"async\" width=\"437\" height=\"620\" src=\"https:\/\/cdn.aspentimes.com\/wp-content\/uploads\/sites\/5\/2016\/11\/AT_AT201210121039965AR.jpg\" class=\"attachment-large size-large wp-post-image\" alt srcset=\"https:\/\/cdn.aspentimes.com\/wp-content\/uploads\/sites\/5\/2016\/11\/AT_AT201210121039965AR.jpg 437w, https:\/\/cdn.aspentimes.com\/wp-content\/uploads\/sites\/5\/2016\/11\/AT_AT201210121039965AR-106x150.jpg 106w, https:\/\/cdn.aspentimes.com\/wp-content\/uploads\/sites\/5\/2016\/11\/AT_AT201210121039965AR-229x325.jpg 229w\" sizes=\"auto, (max-width: 437px) 100vw, 437px\"><\/p><figcaption><strong>Mike Scanlon<\/strong><br \/><em>Aspen Times file photo<\/em><\/figcaption><\/div>\n<\/figure>\n<p class=\"STND-STND BodyText\">A long-running feud between former Basalt town manager Mike Scanlon and the town government flared up again this month over allegations of a smear campaign.<\/p>\n<p class=\"STND-STND BodyText\">An attorney for Scanlon sent a \u201cnotice of claim\u201d to Basalt Mayor Jacque Whitsitt and the six council members Sept. 10 that informs them he intends to file a lawsuit. Colorado law requires advance notice by a party when it plans to sue a governmental entity.<\/p>\n<p class=\"STND-STND BodyText\">Scanlon claimed he has suffered damages from \u201cdefamation, intentional interference with contract and prospective business advantage, emotional distress, and for breach of the settlement agreement that was reached with the Town of Basalt.\u201d<\/p>\n<p class=\"STND-STND BodyText\">He will seek an unspecified amount of money as well as legal fees and costs.<\/p>\n<p class=\"STND-STND BodyText\">The Aspen Times acquired the letter from the town through a Colorado Open Records Act request. It was sent on Scanlon\u2019s behalf by the Denver law firm of Benezra &amp; Culver.<\/p>\n<p class=\"STND-STND BodyText\">Scanlon departed abruptly in August 2016 after a feud erupted with several members of the council in office at the time. He <a id=\"N0x248a7e0N0x23a0c40:N0x248a7e0N0x2512e88\" href=\"https:\/\/www.aspentimes.com\/news\/scanlon-submits-termination-and-severance-notice-to-basalt\/\">terminated his contract<\/a> because, he said at the time, council members in office violated the agreement by discussing his performance in public.<\/p>\n<p class=\"STND-STND BodyText\">The final straw for both sides was Scanlon\u2019s use of a special fund to assist town employees with the purchase of a home. Some council members were angry that Scanlon tapped the fund for $35,000 without their approval. Scanlon didn\u2019t sign a promissory note or arrange terms for repayment, according to officials at the time. Scanlon contended he used the program appropriately.<\/p>\n<p class=\"STND-STND BodyText\">The town and Scanlon worked on a severance package after he quit. Negotiations turned sour when Scanlon claimed the town was retaliating against him. He <a id=\"N0x248a7e0N0x23a0ca0:N0x248a7e0N0x2513038\" href=\"https:\/\/www.aspentimes.com\/news\/former-basalt-manager-scanlon-files-notice-that-he-will-seek-at-least-500000-from-town\/\">threatened to sue<\/a>. They eventually negotiated a <a id=\"N0x248a7e0N0x23a0d00:N0x248a7e0N0x25130c8\" href=\"https:\/\/www.aspentimes.com\/news\/local\/settlement-with-former-manager-scanlon-affected-basalts-books-in-2017\/\">$250,000 settlement<\/a>.<\/p>\n<p class=\"STND-STND BodyText\">After leaving Basalt and returning to Kansas, Scanlon resurfaced in the Roaring Fork Valley as an executive with Habitat For Humanity Roaring Fork. His notice suggested he is being groomed as the successor for chapter president and CEO Scott Gilbert.<\/p>\n<p class=\"STND-STND BodyText\">But Scanlon claims Basalt officials or their associates have made disparaging or defamatory comments about him to other officials connected to Habitat For Humanity in an effort to prevent him from being promoted by the organization.<\/p>\n<p class=\"STND-STND BodyText\">\u201cBasalt Mayor Whitsitt\u2019s husband, Tim Whitsitt \u2014 who we believe we will be able to show was acting at the direction and with the knowledge of his wife \u2014 and Basalt Council Member Jennifer Riffle have launched a campaign of defamation against Mr. Scanlon in retaliation for his vindicating his legal rights,\u201d Scanlon\u2019s notice said. \u201cThey have defamed Mr. Scanlon to his new employer, Habitat For Humanity for Roaring Fork Valley in an obvious effort to interfere with his existing employment and his prospective employment as (Habitat\u2019s) new CEO.\u201d<\/p>\n<p class=\"STND-STND BodyText\">Jacque Whitsitt declined comment on the matter. Scanlon\u2019s notice didn\u2019t provide any details on how Jacque Whitsitt allegedly directed Tim Whitsitt\u2019s actions.<\/p>\n<p class=\"STND-STND BodyText\">Tim Whitsitt, an attorney, acknowledged that he voiced concerns about Scanlon to Gilbert and Eric Musselman, a member of Habitat\u2019s board of directors. Whitsitt was a founding member of Habitat For Humanity Roaring Fork and served as its first president. He said he strongly supports the nonprofit organization\u2019s mission and cares about its success. Whitsitt said he feels it would be detrimental to the organization\u2019s success to have Scanlon at the helm.<\/p>\n<p class=\"STND-STND BodyText\">\u201cWhen I found out they were contemplating Scanlon, I was appalled,\u201d he said.<\/p>\n<p class=\"STND-STND BodyText\">He said he acted on his own and his wife \u201cnever requested or directed\u201d any of his actions in the matter.<\/p>\n<p class=\"STND-STND BodyText\">\u201cIt\u2019s absolutely untrue,\u201d he said. \u201cIt never happened.\u201d<\/p>\n<p class=\"STND-STND BodyText\">Scanlon\u2019s notice of claim said Tim Whitsitt told Gilbert that, \u201cMike is poison. He is toxic. Mike will ruin your fine organization. Mike extorted money from Basalt.\u201d<\/p>\n<p class=\"STND-STND BodyText\">The notice also claimed Whitsitt allegedly told Musselman that Scanlon \u201cstole\u201d town money for a downpayment on a house. Hiring Scanlon, Whitsitt allegedly said, would hurt Habitat\u2019s reputation, according to the notice.<\/p>\n<p class=\"STND-STND BodyText\">Whitsitt said he is \u201clooking forward to confronting (Scanlon)\u201d if the case ends up in litigation. He said he would use public information about Scanlon\u2019s performance with the town of Basalt to back his claims that Scanlon would harm Habitat\u2019s standing.<\/p>\n<p class=\"STND-STND BodyText\">\u201cI\u2019m ready to defend what I said in court,\u201d Whitsitt said.<\/p>\n<p class=\"STND-STND BodyText\">Scanlon\u2019s notice to the town also claimed Riffle made defamatory comments about Scanlon to a Habitat For Humanity Roaring Fork staff member on a day when town employees and council members volunteered to work on a housing the organization is constructing.<\/p>\n<p class=\"STND-STND BodyText\">\u201cRiffle told (the employee) that if Habitat hired Scanlon for the CEO position, Basalt would lose all respect for HHRFV,\u201d the notice said. \u201cShe went on to disparage Scanlon\u2019s character and conduct during his employment with Basalt.\u201d<\/p>\n<p class=\"STND-STND BodyText\">Riffle declined comment and referred questions to the town manager and town attorney.<\/p>\n<p class=\"STND-STND BodyText\">Basalt Town Manager Ryan Mahoney declined comment about the matter. The council is scheduled to discuss Scanlon\u2019s notice in a closed session at its next regular meeting on Tuesday.<\/p>\n<p class=\"STND-STND BodyText\">Scanlon didn\u2019t respond to a voicemail or text from The Aspen Times.<\/p>\n<p class=\"STND-STND BodyText Tagline\"><a href=\"mailto:scondon@aspentimes.com\">scondon@aspentimes.com<\/a><\/p>\n<p> <a href=\"https:\/\/www.aspentimes.com\/news\/scanlon-vs-basalt-round-2-former-town-manager-alleges-defamation-in-pending-lawsuit\/\" target=\"_blank\" rel=\"noopener noreferrer\">via:: The Aspen Times<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Mike ScanlonAspen Times file photo A long-running feud between former Basalt town manager Mike Scanlon and the town government flared up again this month over allegations of a smear campaign. An attorney for Scanlon sent a \u201cnotice of claim\u201d to Basalt Mayor Jacque Whitsitt and the six council members Sept. 10 that informs them he [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[49],"tags":[],"class_list":{"0":"post-2448972","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-local-news"},"acf":[],"publishpress_future_action":{"enabled":false,"date":"2026-06-27 02:23:12","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"distributor_meta":false,"distributor_terms":false,"distributor_media":false,"distributor_original_site_name":"KSPN The Valley&#039;s Quality Rock","distributor_original_site_url":"https:\/\/alwaysmountaintime.com\/kspn","push-errors":false,"_links":{"self":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts\/2448972","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/comments?post=2448972"}],"version-history":[{"count":0,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/posts\/2448972\/revisions"}],"wp:attachment":[{"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/media?parent=2448972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/categories?post=2448972"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alwaysmountaintime.com\/kspn\/wp-json\/wp\/v2\/tags?post=2448972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}