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L
to R: Administrative Secretary Robin Blinn, Commissioners Mike Rhoades,
Mike Stegall and Diane Delaplane.
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Whistleblower
claim costs Darke County over $60,000
P4P business partner Jim Ward asks Delaplane for her resignation
By Bob Robinson
GREENVILLE - “This breach of confidentiality has put a stake in the heart of our
economic development program,” said Jim Ward, Fry & Co., and
business partner to Darke County’s Partners for Progress program,
Monday at the Darke County Commissioners meeting. He said when they
work with companies they hope will locate or stay in Darke County, they
have to trust that the information shared with the Commissioners is
confidential.
“We can no longer believe information (shared with the commissioners) will stay confidential,” he said.
“Commissioner Delaplane, I’m asking you for your resignation.”
Aaron Ward, former candidate for Commissioner who lost to Delaplane in
the recent Primary election, echoed Ward’s sentiments but didn’t
specifically ask for a resignation.
“Diane’s breach of confidentiality is a breach of that trust… it may
cost the county in its economic development efforts,” he said.
In their March 5 meeting, the Darke County Commissioners announced that
a settlement had been reached with Melody Lucas, who resigned her
position effective March 2 as Inspector, Planner and Trainer for the
Darke County EMA/LEPC. The settlement was for $56,000, offered in
return for her resignation and “withdrawing with prejudice” her appeal
to the State Personnel Board of Review.
According to Commissioner Mike Rhoades, Lucas’ claim had been ongoing
since November 2009. Lucas was the “whistleblower” who made County
Commissioners aware of actions by former EMA Director June Mong, who
was terminated by the County that year for falsifying records. While
she applied for the Director’s position, the County chose Rick Lee as a
more qualified applicant.
County Business Administrator John Cook said in an email to County News
Online that the Commissioner’s Office stood “by the fact that they did
nothing wrong or inappropriate in the interview and selection process
of the new EMA director in 2009.” However, the Commissioners decided to
settle the claim when they were made aware that Delaplane and an
unnamed county employee shared with Lucas “the feelings of the
Commissioners during private discussions in the Commissioners office.”
Cook said that there was no deliberate breach of confidentiality, but
rather a breach of trust within the Commissioners Office.
Following the regular meeting Monday, with several members of the
community, business people and media in attendance, Rhoades said prior
to asking for questions that he knew why most were there.
“Let’s keep it civil,” he said. “If it isn’t, we’ll close the meeting
immediately.”
Commissioners were asked if the $56,000, plus $7,205.26 in attorney
fees, is the extent of the cost to the county. Rhoades said there might
be minimal additional costs, $1,500 or so.
Asked if the Commissioners had to sign Confidentiality Agreements,
Rhoades said no but that this is something that would not happen again.
He also stated that there is no “right” statement to make about the
incident, only that it has been taken care of.
The unnamed county employee will stay unnamed because “it is a
personnel matter and has been handled internally.”
In response to a direct question, Delaplane said only that she will
stay with the statement recommended by their attorney. Neither
Delaplane nor the other commissioners responded when Ward asked for her
resignation.
Following is Cook’s email, sent on behalf of the Darke County
Commissioners:
"This is a whistleblower claim against the County. The facts are simple.
- A violation was reported to the Commissioners in 2009 (violation
committed by then EMA Director, (June) Mong)
- The violation was investigated and appropriate action was taken
(termination of the Director in 2009)
- The reporter of the violation was not fired, disciplined or otherwise
negatively impacted.
- The reporter of the violation was not hired for the director’s
position because a more qualified applicant was chosen.
• The Commissioners stand by the fact that they did nothing wrong
or inappropriate in the interview and selection process of the new EMA
director in 2009. (Rick Lee)
• There was not a deliberate breach of confidentiality. There was
a breach of trust within the Commissioners office. The trust that
information discussed inside the walls of the Commissioners office
shall remain inside the walls of the Commissioners office. It
came to light during a mediation conference in Columbus with the
Commissioners attorney and Lucas’s attorney that Lucas had documented
in detail conversations with Commissioner Delaplane and another County
employee. The information shared by Commissioner Delaplane and
the other County employee was facts about the feelings of the
Commissioners during private discussions in the Commissioners office.
• Cost to date: $56,000 settlement with Lucas; $7,205.26 has been
spent to date on attorney fees. Notwithstanding the Board’s
convictions of no wrong or inappropriate actions, the Board feels it
was in the County’s best interest to amicably resolve this matter
rather than to engage in the time, expense and distraction as this case
proceeded."
The minutes of the above noted Darke County Commissioners March 5 meeting can be
read by clicking here
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