Jones: Ludwig faces rough road

Cape Girardeau County Auditor David Ludwig returned to work Monday afternoon.

Reached by phone at his desk, he declined to comment about the controversy surrounding his April 17 exit from the county administration building, his 76-day absence or how, after acknowledging in a private meeting with county commissioners that his on-the-job computer use put the county at risk for a sexual harassment lawsuit, he will regain the confidence of county employees, elected officials and taxpayers.

On Monday, Cape Girardeau County Commissioners met with the county's prosecuting attorney, Morley Swingle, and Diane Howard, a consulting lawyer he hired, to talk about the county's options.

As the meeting started, deputy auditors Virgie Koeppel and Beth Biri also attended the meeting and listened to the discussion. Both looked pale and tense. Afterward Koeppel, who had considered a lawsuit when she learned her boss would return to the office, said she would not sue.

She had complained in June 2007, and again in April about Ludwig's habit of viewing and printing images of scantily clad women on his office computer. His monitor was visible from her desk. Swingle told commissioners the offense was "between a zero and 1" on a 10-point scale.

Internet access has been removed from Ludwig's computer, and Koeppel's computer screen has been repositioned to act as a visual barrier. Swingle said future options included putting up office dividers or putting the auditor and deputies in separate offices. The commission also ordered Internet filters to be applied to all county computers.

The commissioners are unable to force Ludwig to resign. Swingle said he was unable to justify filing a quo warranto action -- the only legal means available for removing Ludwig from office. He also said Ludwig has undergone counseling and a report from Community Counseling Center indicated "little to no risk that anything like this would ever happen again."

Howard said the fact that two complaints had been filed over the course of a year against Ludwig, and that he'd acknowledged the behavior, put the county in a position of liability, because the persistence could be viewed as a lesser form of sexual harassment called "hostile environment" -- a situation in which people are made uncomfortable by a sexualized atmosphere in the workplace.

"We have all the liability and none of the authority," said Presiding Commissioner Gerald Jones.

Howard told the commissioners other counties have faced the twin challenge of being responsible for providing "a safe and comfortable work environment" for employees without having the authority to discipline elected officials when they violate county personnel policies. She cited a recent case in which an employee of Andrew County filed suit and won a substantial settlement after being harassed by the elected prosecuting attorney.

Howard said while Cape Girardeau County's current sexual harassment policy is good, a clearly defined process for filing complaints needs to be added. Creating a process and educating county workers and supervisors, including elected officials, is the next critical step, she said.

Jones told her two such workshops have been scheduled for September.

Jones escorted Ludwig to his office Monday afternoon and had a private conversation with the auditor and the deputies.

The discomfort Ludwig faces in the coming weeks, Jones said, was caused by the auditor himself.

"He's going to have a rough reception throughout the building and not just his office," Jones said. "He's just going to have to deal with that. That's his problem."

As the sexual harassment complaints came to light, county officials also disclosed that Ludwig had not been doing his job. That will change as he resumes office hours beginning on a part-time basis, Jones said. The county's information technology director, Eric McGowen, will train Ludwig on the basics of software installed on his computer in 2006; the deputy auditors said they are expected to assist with specific auditing questions.

Biri said she understood why Koeppel didn't file a complaint before 2007. Both women said they did not fault the commissioners, but wished Ludwig had corrected the problem when first confronted in 2007.

Koeppel said she is using her faith to cope.

"I'm going to lean on God, and I'm going to do my best and I hope God will do the rest of it."

pmcnichol@semissourian.com

335-6611, extension 127

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