Lawsuit settlement made public
By NICOLE CARTRETTE
Staff Writer
A struggle to obtain information related to a settlement agreement ended (in part) Tuesday night.
On Dec. 11 the Columbus County Board of Commissioners approved in closed session a $150,000 settlement to a former employee, Deena Ward, in her sexual harassment suit against the Columbus County Department of Social Services.
Although county officials signed the document on Dec. 11 and Ward signed it on Dec. 12, Rachel Esposito, a Raleigh defense attorney, appointed “public information officer” in the case, maintained that the document was not public record because commissioners had not voted to make it public by entering it into their minutes.
“The settlement was not concluded,” Esposito said because Ward had not signed off on it.
Sedgwick Claims Management Services, on behalf of a liability and property pool the county belongs to, issued one of the $75,000 checks on Dec. 11 (the same day of the closed session vote). Kemper Insurance issued the other check on Dec. 13.
When asked why it took so long to make it public when it was signed by Dec. 12, Esposito maintained the settlement was not concluded and it took time to receive her signed copy in the mail.
“The important point is that you have it,” Esposito said.
Esposito said insurance companies covered her fees but she did not know the county’s portion or deductible on the insurance.
Information formally requested from the county finance office indicates that from May 24, 2006 to Nov. 22, 2006 the county received four different invoices from the liability and property insurance pool ranging from $703 to $92,995.75.
Seven different invoices dated between July of 2004 and November 2006 total $799,646.25.
Under the terms of the 12-page document, Ward releases all claims against the county, DSS and individuals in their official and professional capacities.
Ward agrees to dismiss her Office of Administrative Hearings case, Equal Employment Opportunity Commission charges, and a federal civil action against DSS.
“Not withstanding the evidence in this case, Petitioner acknowledges that her former supervisor, Mrs. Ethel Patrick, did not make sexual overtures toward Petitioner. This statement is not intended to admit or deny any liability by the Petitioner,” the settlement reads in part.
Under the agreement, Patrick agrees to release Ward from all claims or potential claims but “does not release or waive any new causes of action relating to any future occurrences.”
The county makes no admission of liability in the settlement and denies that there was a violation of any law.
The parties agree that Dec. 8 is Ward’s effective separation date. Ward agrees never again to pursue employment with Columbus County.
Documentation in her personnel file related to a 10- day suspension is to be sealed. Ward claimed and an administrative law judge agreed the suspension was retaliation in an OAH complaint and ruling.
The county is to provide Ward with a neutral reference letter.
Each party is to pay their own attorney fees.
A statement by DSS Director Marva Scott is attached to the settlement. The statement reads in part that “based upon her annual performance reviews, Ms. Ward consistently met expectations. We wish her the best in her future endeavors.”
On Dec. 12, Esposito told a Tabor-Loris Tribune reporter she would not accept over-the-phone, email or faxed public records requests for the settlement documents. Esposito instructed the reporter to make formal requests to the county manager and to her by mail only, although no such requirement is part of the public records law.
Mike Tadych, a N.C. Press Association attorney with the Raleigh firm of Everett, Gaskins, Hancock and Stevens, followed up The News Reporter’s request for documents, after no reply was received from Esposito.
Esposito then responded on Dec. 20, more than a week after the settlement was signed by all parties, with a letter that stated after the settlement was concluded and entered into the minutes a response to the request would be received.