Agriculture agency details computer misuse in harassment suit

JEFFERSON CITY, Mo. -- A former employee of the state Agriculture Department tapped into her supervisor's computer and e-mailed correspondence regarding her allegations that she had been sexually harassed by the director, the agency said in court filings.

The details are contained in documents the department filed asking a court to throw out a lawsuit by Heather Elder alleging sexual harassment and gender discrimination by the agency's former director, Fred Ferrell.

Elder accused Ferrell of kissing her, saying he would like to see her in a wet T-shirt contest and refusing to promote her because of her gender. Ferrell, who was temporarily suspended then reinstated by Blunt last May, was forced to resign a few days after Elder's allegations were made public in the lawsuit in late February.

Several months after she complained of harassment, Elder was placed on paid leave in August for alleged misuse of a state computer -- a claim she denies.

In a response to Elder's lawsuit, the department elaborated on the computer issue. The agency said it determined Elder accessed her boss's computer and e-mailed private agency documents -- including the agency's response to her allegations -- to what was apparently her personal e-mail address.

The department said in the court filing that she was placed on leave "for inappropriate use of her [department] computer for the purpose of placing the state in disrepute." The agency said it also found "unprofessional and sexually inappropriate material" on her computer, but did not elaborate.

Kurt Schaefer, a Department of Natural Resources attorney appointed by Blunt to handle the allegations against Ferrell, said he had no comment beyond the court filing.

Elder's attorney, Carla Holste, did not immediately return a call seeking comment Monday.

In the Feb. 15 court filings, attorneys for the state also reiterated an earlier request that the Cole County Circuit Court enforce a mediated agreement they say was reached with Elder.

The state's attorneys say that just because final details were not resolved in writing does not mean the agreement was not enforceable, and that because of it, Elder has no claim in court.

In that disputed agreement, Elder would have promised to drop all claims and resign from the department. In exchange, she was to receive $70,000, plus $12,500 for legal costs.

The court filings also shed more light on Elder's claim that she was denied a promotion because she's a woman.

The department said that the state veterinarian at the time, Shane Brookshire, was considering creating a new position of operations manager and public information officer in the department's animal health division.

But Ferrell thought it unnecessary because there was already an operations manager, and said Elder had no significant management experience and had been at the agency less than a year. The job was not created, but the Agriculture Department said it had nothing to do with Elder or her gender.

The department denied Elder's claim that Ferrell said she couldn't be in such a job because it would result in a woman supervising men.

The department also said she was not qualified for the job of overall Agriculture Department spokeswoman because she lacked a four-year college degree, though Elder said she had a journalism degree.