Social media posts play out in Scott County discrimination case

An attorney for Scott County government and Sheriff Wes Drury wants a judge to prevent a plaintiff’s lawyer in a sex discrimination case from asking questions about sexist and vulgar Facebook posts shared by the county’s presiding commissioner.

In a motion for a protective order, defense attorney Bradley Hansmann wrote the social media posts are “neither relevant nor material to the litigation.”

But J.P. Clubb, the plaintiff’s attorney, disagreed in a court filing in Scott County Circuit Court.

The Scott County Courthouse is seen Monday, July 29, 2019, in Benton.Ben Matthews

Clubb wrote Scott County Presiding Commissioner Jim Glueck’s “disgusting, misogynistic and racist Facebook posts” are relevant to the lawsuit.

The plaintiff in the case is former jail administrator Tina Kolwyck. The suit claims Drury violated the Missouri Human Rights Act by removing Kolwyck from her position and replacing her with a male deputy who had no experience in jail administration.

According to the suit filed last year, Kolwyck was demoted to bailiff in January 2017 after Drury took office as sheriff. Kolwyck stated in a deposition she was discriminated against because of her gender.

“Plaintiff has alleged persistent and ongoing discrimination” by Scott County and the sheriff. “This conduct continued up until her termination in September 2019,” Clubb wrote.

“The fact that the Scott County presiding commissioner has such a low opinion of women and likes to openly share that opinion with the public goes directly to the heart of this case, the hostile work environment encountered by the plaintiff,” according to the court document.

Other Scott County employees and elected officials in depositions have already testified Glueck’s Facebook posts would have resulted in “either a serious reprimand or termination from employment if anyone else being paid by the county had made them,” Clubb wrote.

Dane Stausing, a captain in the sheriff’s department, called Glueck’s posts “stupid” and “sexist,” according to the court filing.

Scott County Clerk Rita Milam testified “Glueck’s posts were sexist, rude, disgusting and improper,” Clubb wrote.

In her deposition last month, Milam said if one of her employees had posted such memes, “it’s very possible that I would dismiss them.”

If the judge allows questioning on this topic, Hansmann requested a “special master” attend the deposition to rule on legal objections.

But Clubb said there is no need for a special master. Such a request, he wrote, “telegraphs that Scott County will be seeking to improperly object and obstruct rightful discovery into this topic.”

Besides the Facebook posts, defense attorney Hansmann also took issue with other questions Clubb wants to ask, including the termination of Kolwyck.

Hansmann wrote Kolwyck “was not fired. She turned in her resignation and resigned. Accordingly, Scott County cannot produce anyone to discuss her ‘firing.’”

But Clubb wrote Kolwyck submitted her resignation last month, giving two-weeks’ notice. According to Clubb, Scott County and the sheriff then told Kolwyck “she was terminated immediately.”

Judge Benjamin Lewis last month ordered Glueck and as well as other elected officials to undergo a new round of questioning after Clubb filed a motion accusing Glueck of filing a false affidavit or providing “false, incomplete and evasive answers’ during a May 1 deposition.

The county government provided written responses to questions posed by Kolwyck’s attorney in advance of the deposition. The responses were provided under Glueck’s signature.

But in the May deposition, Glueck testified he knew nothing about the lawsuit and never saw the answers the county provided to the written questions or interrogatories, Clubb said.

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