LUCAS COUNTY, Ohio — Documents and interviews obtained by 11 Investigates show that a high-ranking Lucas County Common Pleas Court official was paid nearly $250,000 to resign in September after approaching supervisors with a personnel complaint.
Human Resources Director Emily Gerken submitted her resignation letter on Sept. 28, a little more than two weeks after Lucas County commissioners approved a settlement of $227,500 to be paid to Gerken by Jan. 15 in five separate checks.
Neither courthouse nor county officials would provide a statement, but multiple courthouse officials confirmed that Gerken approached Judges Michael Goulding and Ian English with a concern about a courthouse supervisor several months ago. The complaint was not submitted in writing, but a court official said it was investigated and found to be unsubstantiated.
Commissioner Pete Gerken, communications director Sarah Elms and Judge Goulding initially agreed to talk to 11 Investigates if they were permitted, but on Monday night, we received the following email from county attorney John Borrell: “Neither the court nor commissioners will be commenting on this matter.”
When reached by phone, Commissioner Lisa Sobecki said she does not comment on personnel issues. The question we wanted the county to answer is why an employee was paid $227,000 if their complaint was determined to be unsubstantiated.
Gerken’s attorney, Jack Moran from Cleveland-based McCarthy, Lebit, Crystal & Liffman Co. LPA, said he and his client were not willing to comment until the final terms of the settlement are met by the county.
Paystubs for Gerken show that she received a check for $35,312.50 on Sept. 29. A second check for $53,312.50 in “noneconomic damages” was to be issued within 45 days of the commissioners approving the settlement on Sept. 12. A third check for $34,125 was to be issued within the same time period to Moran’s law firm for attorney fees.
Two additional checks for a total of $104,750 are due by Jan. 15, with half of the money allocated for “noneconomic damages.” In addition, Gerken has been paid $6,510.91 in accrued vacation time. Part of the settlement will also cover one year of COBRA health benefits, worth $18,000.
As part of the settlement, the former human resources director agreed not to bring a lawsuit against any county or court official. The document also said that the settlement should not be seen as an admission of liability by either side.
Gerken began working for the county on Jan. 19, 2016, as a human resources manager. She was appointed human resources director on Oct. 8, 2018. A review of her personnel file showed several commendations and no negative letters or any type of discipline.
In her resignation letter, Gerken said: “I am proud to be able to depart knowing I have served myself, the court and the community well – and take pride in knowing the undeniable mark the HR team and I made along the way. The HR team we forged is top-notch, as it exemplifies integrity and leadership excellence. It is bittersweet to bid my team and treasured colleagues farewell, but I will remember them fondly and wish them continued success.”
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