Some Hamilton County constitutional offices do not fall under the county’s human resources policies, and one county commissioner says that’s why the county had to pay $145,000 to settle a discrimination lawsuit against the former trustee.
On Thursday, county commissioners settled an age discrimination lawsuit brought in 2007 by two former employees of the Hamilton County Trustee’s Office who were fired by then-Trustee Carl Levi. Commissioners voted to pay Sue Bush and Colleen Davis a total of $145,000, and Chairman Larry Henry said afterward it could’ve been much more if the county had not settled.
Levi, Bush and Davis did not return calls seeking comments Thursday.
Commissioner Tim Boyd said legal counsel told commissioners that if the trustee’s office followed the county’s personnel policy, the county could have won the lawsuit.
“Proper procedures and guidelines weren’t followed,” Boyd said.
Boyd asked that the county consider bringing all constitutional offices under the personnel policy.
“It’s my concern if … we don’t perhaps put it on the table that our Hamilton County human resources guidelines be adopted by the constitutional officers, we’re leaving a door open for issues to come up like this in the future,” Boyd said.
County Attorney Rheubin Taylor said constitutional officers would have to choose to come under the policy. The election commission, the assessor of property, the Juvenile Court judge and the Juvenile Court clerk have adopted it voluntarily.
Other constitutional offices including the register of deeds and the sheriff have not adopted the policy.
“I’m disappointed that our constitutional officers are out there running their offices without some accountability,” Boyd said.
County Clerk Bill Knowles told Boyd his office has a personnel policy and that it is enforced.
“We’re not out there flying by the seat of our britches,” he said.
However, unlike the county’s policy, which bans nepotism, Knowles’ policy has allowed him to hire his son, grandson and son-in-law.
He is facing two EEOC discrimination complaints from women he laid off in 2010. Members of Knowles’ family kept their jobs.
In 2008, Knowles also allowed his son, Finley, to work part time and keep his county benefits while he started his own business. Finley later returned to full-time work.
Asked after the meeting if using the county’s policies would have averted the EEOC complaints, Knowles responded that his office has its own policy.
Henry said he believes the laid-off workers would have filed the complaints regardless. But he said it would be a good idea for constitutional officers to consider adopting the county’s policies.
“If I was a constitutional office-holder, I’d want to be under the HR policies,” he said.
Register of Deeds Pam Hurst said her office does not follow the policy because it could not come to an agreement with the county over certain job descriptions. She said if that could be worked out, she would consider adopting the policy.
Bill Hullander, the new county trustee, did not return a call seeking comment.