By NICOLE CARTRETTE
Staff Writer
The Columbus County Board of Commissioners will “consider, and possibly, act on litigation” at a special called meeting today at 6 p.m in the Dempsey B. Herring Courthouse Annex, according to a notice issued Dec. 8.
A closed session was called on the grounds of attorney-client privilege at a Dec. 4 commissioners’ meeting.
The News Reporter has learned the closed session involved the discussion of a lawsuit filed by a Department of Social Services caseworker.
Under the N.C. Open Meetings Law, a closed session may be called, among other reasons, to consult with an attorney “concerning the handling or settlement of a claim.”
The statute states, however, that when calling the closed session under those terms the motion “shall identify the parties in each existing lawsuit” the public body expects to receive advice about during the closed session.
No such motion was made.
On May 5, 2005, Deena Ward filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging she was sexually harassed by a female supervisor from March 2001 to May 2004 and throughout September 2004, and was retaliated against when she complained.
In June 2006, an administrative law judge ruled that supervisor Becky Williamson and DSS Director Marva Scott “allowed and essentially condoned (Ethel) Patrick’s harassment” of caseworker Deena Ward.
Administrative Law Judge Melissa Owens Lassiter awarded Ward 10 days back pay for her unwarranted suspension and also attorney’s fees.
Lassiter stated that DSS’s disciplinary actions against Ward, including many conferences with supervisors, “were petty and retaliatory in nature” in violation of state law.
The judge wrote that DSS’s claim that Ward did unsatisfactory work was wrong.
Ward’s complaints had only a temporary effect on the problem and Scott did not address the issue, the opinion stated.
Ward filed a formal grievance with the state in November 2004 and sought counseling for work-related stress, according to the legal document.
In January 2005, she filed other formal grievances against the DSS governing board alleging they failed to address her complaints and did not give her a hearing, as required by county policy.
In June, a source told The News Reporter that in the spring of 2006, a judge referred the matter to mediation, but Scott refused to attend.
Scott also turned down an offer to settle the matter for $25,000 and a case was likely to be filed in Wake County, the source indicated.
An appeal of the case is to be reviewed by the State Personnel Commission on Dec. 14.
On Friday, The News Reporter contacted the county personnel department to inquire on the status of Ward’s employment.
“I’m not quite sure about Deena’s employment. I haven’t gotten a final report,” Personnel Director Virginia Taylor said. “She is still an employee as far as I know.”
An Oct. 26, 2006, report included with a number of payroll documents The News Reporter requested months ago listed Ward with a termination date of Sept. 30, 2006.
The report is titled “terminated employees report for full time employees.”