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In agreement, former drain commission supervisor gets $65K, won't fight for job
By SCOTT AIKEN - H-P Staff Writer
Published: Thursday, March 4, 2010 1:09 PM EST
ST. JOSEPH -Berrien County has paid $65,000 to former employee Richard Hurst to settle a grievance over his firing in 2008.
Under settlement terms, Hurst, formerly a supervisor in the drain commission's office, gave up his fight to be reinstated and agreed that he never again will seek county employment.
The Bridgman resident filed a grievance claiming wrongful termination over his firing Dec. 8, 2008.
Drain Commissioner Roger Zilke fired Hurst and maintenance workers Heath Willoughby and William Schaeffer for their inability to work together.
In a letter to the three employees, Zilke said all were counseled more than a year earlier about cooperating and avoiding on-the-job conflicts. But the working relationship "deteriorated to the point that the drain maintenance department has become dysfunctional and nonproductive," Zilke wrote.
"There seems to be no solution to the problem, and I can no longer spend valuable county time and resources refereeing your daily fights," the letter continued.
Hurst, who was hired in April 2005, filed a grievance through his union, Fraternal Order of Police Labor Council, seeking reinstatement with back pay. The January settlement agreement, which requires the county to pay the taxable sum of $65,000 to Hurst, was reached without going through labor arbitration.
Hurst agreed as part of the settlement to drop his effort to get his job back by resigning retroactive to Dec. 31, 2008, and to release the county and union of any claims related to his employment or separation.
In settling the matter, the county and Hurst do not admit any liability in the matter.
The county paid $90,000 in July to settle a civil rights lawsuit filed by Willoughby and Schaeffer.
The complaint, filed in Berrien County Trial Court in late December 2007, a year before the firings, alleged that the two men were required to work in dangerous conditions, use unsafe equipment and falsify records.
Willoughby and Schaeffer also claimed that repeated complaints did not result in corrective action.
The suit named the county, Zilke and Hurst as defendants. In settling the suit for the $90,000, the defendants made no admission of wrongdoing.
Willoughby and Schaeffer withdrew the civil complaint and agreed to drop efforts to get their jobs back through labor arbitration. Each man had sought $200,000 in damages.
R. McKinley Elliott, the county's corporate counsel, said outside contractors have been hired for the drain maintenance work formerly done by the three employees.
saiken@TheH-P.com
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Source: www.heraldpalladium.com
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