WALLACE — Former Shoshone County employee Zack Ayers and his wife, Joann, recently filed a federal lawsuit seeking millions in damages against Shoshone County and several officials, alleging wrongful termination, retaliation and defamation after Ayers reported environmental violations and misuse of public funds. 

The complaint, filed last month in U.S. District Court for the District of Idaho by attorney Henry Madsen, claims Ayers was fired from his position as District 3 road supervisor in December 2023 after raising concerns about hazardous mine waste disposal by Hecla Mining Co. and alleged mismanagement within the Shoshone County Public Works Department. 

Named as defendants are Shoshone County, the Public Works Department, Commissioners Dave Dose and Jeff Zimmerman, Public Works Director Jessica Stutzke and employee Owen Clancy. Ayers has requested a jury trial. 

According to the filing, Ayers reported to Stutzke that Hecla was using uncovered trucks to carry mine tailings with high lead content. This allegedly resulted in contamination of public roads and waterways, including the South Fork of the Coeur d’Alene River. He also raised concerns with Dose and Zimmerman about improper awarding of public works contracts and theft of county property, including large quantities of diesel fuel. 

Ayers further alleges that Clancy colluded with Stutzke, Dose and Zimmerman to falsify evidence against him to justify his termination. 

The lawsuit claims violations of Ayers’ First Amendment rights, federal whistleblower protections under the Resource Conservation and Recovery Act and Idaho state law. It also accuses county officials of conspiring to defame Ayers by spreading false allegations, including claims that he misused county equipment for personal projects. 

The plaintiffs are seeking compensatory and punitive damages exceeding $4 million, attorney fees and injunctive relief to prevent further retaliation. 

“This case is about protecting the constitutional rights of citizens who speak out against wrongdoing,” Madsen wrote in his complaint, adding that “Defendants retaliated against Ayers as a result of his protected exercise of his free speech and conspired with each other as to the termination of Ayers.” 

The defendants were given the opportunity to comment on the suit, but Shoshone County Prosecuting Attorney Ben Allen said doing so could violate Idaho law. 

“Rule 3.6 of the Idaho Rules of Professional Conduct contains the general rules regarding trial publicity and admonishes parties to avoid making extrajudicial statements that will have a substantial likelihood of materially prejudicing an adjudicative proceeding,” Allen explained. “This is because Rule 3.6(c) states that a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial, undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client.” 

Because a jury trial has been requested, Allen said he is advising his clients to refrain from commenting. However, if opposing counsel or the plaintiff makes public statements first, Allen noted he may respond without being subject to court sanctions. 

Hecla Director of Governmental Affairs Mike Satre acknowledged that the company is aware of the lawsuit against Shoshone County and the allegations made against the company, which he denied. 

“Hecla’s priority is to protect the environment and our communities as we safely and responsibly produce critical minerals,” Satre said. “We work closely with federal, state and local regulators to ensure compliance, and we maintain open communication with our neighbors. Regardless of the allegations made in the complaint against the county, although we dispute those that mention Hecla, we continue to work cooperatively with all regulatory agencies and our communities.” 

Satre further stated that Hecla prioritizes being a good neighbor to the communities of Shoshone County.

“Our employees and their families live in these communities in the Silver Valley,” he said. “Operating safely and protecting the environment are fundamental to how we do business.”