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NewsMay 18, 2008

Women working at the Cape Girardeau County administrative building say Auditor David Ludwig's behavior has created an uncomfortable working environment. Saturday marked the end of a monthlong sick leave for Ludwig -- he took the leave after being pressured to resign -- and county officials are at a loss as to what to do when he returns. Al Lowes, Ludwig's attorney and spokesman, said he plans to meet with Ludwig early this week, adding that resignation is not an option...

Women working at the Cape Girardeau County administrative building say Auditor David Ludwig's behavior has created an uncomfortable working environment.

Saturday marked the end of a monthlong sick leave for Ludwig -- he took the leave after being pressured to resign -- and county officials are at a loss as to what to do when he returns. Al Lowes, Ludwig's attorney and spokesman, said he plans to meet with Ludwig early this week, adding that resignation is not an option.

Women officeholders said in interviews Saturday that since Ludwig was escorted out of the county's administration building in Jackson last month, news of his computer use has spread. The county's women employees have been opening up to one another, sharing what once seemed like isolated incidents.

"No one thing has been a big deal. A few things have been uncouth. But when you start adding them up, it's a lot. How can you not feel uncomfortable?" said County Collector Diane Diebold.

"I know there are those who are uncomfortable with the fact that he will be coming back," said Janet Robert, the county's recorder of deeds.

Celebrity collages

After Ludwig left the building last month, cut-and-pasted collages of celebrities Sarah Jessica Parker, Jennifer Aniston and Pamela Anderson were found tucked in one of his desk drawers. Those items were turned over to the prosecuting attorney's office.

"It is very unfortunate, and he's made it uncomfortable for everyone, not just the women and the office holders -- for everyone in the building," County Clerk Kara Clark said. "Everyone has a different look on him now."

County records obtained by the Southeast Missourian on May 9 show Ludwig's computer and his unique county ID were used during county business hours to visit Web pages offering free online sex videos as well as those showcasing scantily clad celebrities, such as Pamela Anderson. The activities came to light more than a year ago. Ludwig signed a letter June 18 promising to stop the behavior and resign if he ever got caught doing it again.

State law does not provide a local disciplinary process for county officials. Missouri allows only elected officials in third-class cities to be recalled.

"This is a very unfortunate and serious situation that, as a commission, we have very little authority but a lot of responsibility," Presiding Commissioner Gerald Jones said. "Our responsibility is to provide a safe, comfortable workplace."

Prosecuting Attorney Morley Swingle has cited a "potential litigation" provision in Missouri's open meetings and records act -- the Sunshine Law -- to try to keep secret certain documents regarding Ludwig's behavior. Audio recordings recently released by Commissioner Jay Purcell include the April 17 meeting and reflect only his employees' complaints about Ludwig's behavior and concern by the commissioners that his actions could lead to a lawsuit.

Swingle originally said the meeting was properly closed for "employee discipline," which is allowed under the Sunshine Law. After learning public officials are not considered employees, Swingle said the meeting shouldn't have been closed for that reason but maintained certain related documents should remain private because of the possibility of litigation.

Ludwig's office includes three desks and is decorated with his collections of model sports cars, airplanes, teddy bears and elephants. His computer screen is visible by the county's two deputy auditors, Virgie Koeppel and Beth Bari. After one of the women arrived at work April 16 and discovered copies of Pamela Anderson pictures on the office printer, she took them to Clark, who went to Jones. Less than a day later, Jones, along with Swingle and commissioners Purcell and Larry Bock, confronted Ludwig, offering him a chance to resign. In the audio recording, Ludwig can be heard denying the accusation, then admitting to it and pleading to keep his job.

"Isn't there another option?" he said.

In separate meetings, Jones -- who has expressed deep disappointment in Ludwig -- told the deputy auditors the county "is always to provide a workplace that is safe, comfortable and free of any kind of sexual harassment."

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The county currently offers no sexual harassment training for its employees.

'A mental situation'

Not counting Diebold, six women work in the collector's office, though more are added on a part-time basis during busy seasons. Robert employs four women in her second-floor office, directly below Ludwig's office.

"You can have sexual harassment without it being a physical thing," she said. "I think it's more of a mental situation, that they are in there with him, knowing he's doing this. They would be very uncomfortable as women with him doing this."

The auditor is the county's chief financial office, responsible for making sure money is well managed and that all assets of the county, including computers, are used for official business only. Other duties include reporting revenue figures to the commissioners. The auditor's annual salary is $65,373. On Jan. 1, 2009, it will increase to $67,660.

Since being elected in 2002, Ludwig has had to replace one of his two deputies, all women, three times. He was unopposed in the 2006 election.

Some county officials are calling Ludwig's Internet habits an abuse of office. If he does return, county officials say privately, he'll find personal interactions more limited than they'd already become.

Five years ago, Robert said, both of Ludwig's deputies approached her.

"Both of those girls came to me and said, 'If you have an opening, I want a job,' and I did hire one. That did upset him," she said. "He doesn't talk to me or look to me. That has nothing to do with me, but it is uncomfortable," she said.

Robert, the county's recorder of deeds for 31 years, said Ludwig's behavior "reflects badly on all of us, and that's not fair because we're not bad. Most of us are very diligent about our jobs and serving the people of the county, our real boss."

"He's supposed to be there as a leader," Clark said. "He's not being a leader."

pmcnichol@semissourian.com

335-6611, extension 127

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Audio: Commissioners confront Ludwig

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