The city of Wilder took over its housing authority. Now the former director is suing.
The former executive director for the Wilder Housing Authority has filed a wrongful termination lawsuit against the Canyon County city, the housing authority and Wilder Mayor Robert Rhodes.
The lawsuit, filed in federal court in Idaho in late July, alleges that former housing director Ruben Buenrostro was illegally fired from his job, and also claims that Rhodes repeatedly degraded Buenrostro in both private and public meetings over his weight and his Hispanic background.
Since he was ousted in February, Buenrostro said he has suffered numerous health problems, including headaches, loss of sleep and weight gain. On Thursday, Buenrostro told the Idaho Statesman that he’s in the process of applying for new jobs, but questions from potential employers about his former employment still linger, and he hopes to move forward sometime soon.
“I just hope this doesn’t happen to somebody else,” he said.
Buenrostro filed a tort claim with the city of Wilder on June 9, which laid out much of the same claims stated in the federal suit. A tort claim is not a lawsuit but often precedes one; it is a legal document that outlines claims and potential damages. Chad Johnson, an attorney for Buenrostro, told the Statesman that the city did not respond to the tort claim.
In addition to allegations of wrongful termination, the filing also claims that Buenrostro was asked three times by the city’s police chief — Dusty Tveidt — to turn over a list of residents in the Chula Vista, one of two primary complexes the housing authority maintains. Chula Vista houses low-income residents as well as H-2A temporary agriculture workers.
After voicing concerns twice that the request was unlawful and would target Hispanic residents, Buenrostro gave in after the third request.
Shortly after sending the list of residents to police in November 2020, “the city’s police department and what appeared to be members of U.S. Immigration and Customs Enforcement conducted a sting at Chula Vista arresting multiple Hispanic individuals,” according to the lawsuit.
Buenrostro began working as the Wilder Housing Authority executive director in January 2018. During his three years there, he increased the authority’s rent collection rate and oversaw capital improvements, according to the lawsuit. When Rhodes was elected mayor in 2019, the problems began, the suit says.
Among other claims, Buenrostro alleges that he heard one of Rhodes’ clerks say he made too much money for “a Mexican.” Later, the city clerk requested salaries and financial statements for housing authority employees, which Buenrostro said concerned him and reminded him of the comments about his race.
When reached by phone Friday, Bruce Castleton — a Boise attorney representing the city of Wilder, the housing authority and Rhodes — declined to comment on the pending litigation.
During the housing authority’s monthly meeting in August 2020, Rhodes reportedly came in and “demanded” an executive session, insisting that Buenrostro be excluded. Executive sessions are meetings by public entities that are not open to the public, according to Idaho’s open meetings law. In the closed meeting, Rhodes allegedly “spent much of the meeting degrading Mr. Buenrostro because he is obese and Hispanic and complaining about his performance,” the lawsuit says.
Rhodes also allegedly told the board that he intended to fire Buenrostro and transfer the housing authority’s management to the city.
Months later, that’s what happened, according to the suit.
On Jan. 26, the Wilder City Council and Rhodes voted to dismiss all members of the housing authority’s board and appoint new ones. Rhodes allegedly told Doug Amick, one of the fired housing authority board members, “You wouldn’t get rid of Mr. Buenrostro, so I got rid of you.”
The council also passed a resolution allowing Rhodes to enter into an interagency contract that would allow the city to take over the housing authority’s administration. In February, the new housing authority board also passed the resolution.
Buenrostro’s attorneys believe that the agreement makes Wilder’s the only housing authority in the state that is not operated independently from the city. His attorneys also believe this is a violation of Idaho law, as state code stipulates that a housing authority “... shall not be an agency of the city.”
Idaho code also says that “no housing authority shall construct or operate any such project for profit or as a source of revenue to the city.” Buenrostro’s attorneys wrote that the housing authority would be a source of city revenue.
In early February, the new housing authority board voted to remove Buenrostro and eliminate all housing positions. According to the lawsuit, Buenrostro could not attend a Feb. 5 hearing because “upon learning of (Rhodes’) conspiracy to fire him and takeover of the (housing authority), he became overwhelmed with stress and fainted.” Buenrostro was hospitalized and remained ill until “well after” the meeting had ended, the suit says.
Buenrostro said he’s not suing for himself, but rather to stand up for what he believes is right for the city and for the housing authority.
“I don’t think the people who are in charge now have the very best interests for that community,” Buenrostro said.
The lawsuit claims that the city and Rhodes retaliated against Buenrostro for declining to immediately hand over tenant information to police, as well as discriminated against him because of his race.
Buenrostro asked for a trial and for the court to award him back pay, as well as damages for emotional distress. He also asked for an injunction that would nullify the interagency contract between the city and the housing authority.
As of Friday, Wilder officials have yet to file a formal response to the lawsuit.
