TOLEDO, Ohio — (This story has been edited to reflect that Tonia Saunders has been offered a separation payment but has not yet accepted the proposed deal.)
The Board of Lucas County Commissioners approved a settlement Tuesday to resolve claims levied against one of its members by a former executive assistant.
The settlement, release and agreement not to sue was decided by a 2-0 vote with Lucas County Commissioner Anita Lopez abstaining.
The board agreed upon a total payout of $36,476.12 and "other non-monetary considerations" to resolve a dispute between Lopez's former executive assistant Andrew Urrutia and the Board of Lucas County Commissioners.
According to the settlement, Urrutia advanced claims against Lopez regarding his treatment in violation of Ohio law and public policy. The board denied any violation of law or public policy by its members or anyone on its behalf regarding the treatment of Urrutia.
Urrutia, initially unnamed in a summarized report released in early May, filed a complaint to the Human Resources Director of the Board of the Lucas County Commissioners in March.
The complaint alleged Lopez had harassed and bullied Urrutia, creating a "hostile work environment" and of "inappropriate, unprofessional behavior."
A third-party investigator was hired to report the findings and conclusions to the board’s outside general counsel.
RELATED: Lucas County commissioner found to have violated harassment-free workplace policy, bullied employee
The investigator found that Lopez’s conduct violated the Lucas County Board of Commissioner's Harassment-free Work Environment Policy, in particular regarding “Personal Harassment” and “Bullying,” according to a summary of the report. The entire report has not been released.
After an executive session on April 30, Commissioner Pete Gerken read the following statement: “We went into executive session today to discuss the investigation of a complaint against a public official. We value and protect the confidentiality of our attorney-client communications and therefore do not intend to release the full report. But in the interest of transparency and accountability, we are releasing a summary of the findings and conclusions by week's end. I make a motion to direct our counsel to prepare a summary of the findings and conclusions to be distributed to the public by the end of the week.”
It was determined by the third-party investigation that “Commissioner Lopez’s behavior, as described by Complainant and as was largely unrefuted by Commissioner Lopez, fulfills all of the elements of the policy definition.”
Those incidents also constituted bullying, according to the report.
Ultimately, the investigation determined that Lopez’s conduct did not merit serious legal violations warranting removal from office nor did it reach the level of criminal conduct.
"It's important for us to move on as a county beyond this issue. I apologize for my conduct, and, again, I'm learning from the experience," Lopez said prior to a meeting Tuesday. "I look forward to moving the county forward with building the jail and other budgetary issues."
The former Lucas County auditor, Lopez was appointed by the county's Democratic central committee in January to fill the commissioner seat vacated when Tina Wozniak retired. Lopez won the Democratic primary for county commissioner in March, defeating Paula Hicks-Hudson in March. In November, Lopez will run against Republican John Rozic to retain her commissioner seat.
Rozic, among others in the Lucas County Republican Party, have called for an investigation into Anita Lopez by the Ohio Ethics Commission, criticizing the use of a hired third party to conduct the investigation. Additionally, the party called for the entire investigation - not just a summary - to be released to the public.
In a call with WTOL 11 on May 28, Lopez stated an investigation had already been conducted, and said the public has the same amount of information as the Ohio Ethics Commission.
When asked Tuesday what she is learning from the experience, Lopez replied, "understanding that employees today, that some employees need to be dealt with in a better manner."
The agreement with Urrutia is the second payout that the county has approved with separated employees in the last seven months. A third employee has been offered but not yet accepted a payout.
In December, Emily Gerken, the human resources director for the Lucas County Common Pleas Court, was paid nearly $250,000 to resign after filing a personnel complaint.
Earlier this month, Tonia Saunders, the Director of Planning and Development, was offered more than $81,000 as part of a separation agreement. She has until July 1 to accept the offer, then another week to back out if she has second thoughts.
The full settlement agreement and resolution between the board and Urrutia can be read below and at this link:
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