Wrongful-termination lawsuit settled with Stoddard County

BLOOMFIELD, Mo. — A former deputy clerk has settled her wrongful termination lawsuit filed against Stoddard County for nearly $95,000.

Ginger McCoy had sued Stoddard County Clerk Cecil Weeks individually and in his official capacity, as well as Stoddard County, after she was fired April 8 for allegedly questioning irregularities in the April 2 municipal election.

Weeks had been accused by the former deputy clerk of certifying the election after being informed two unregistered voters cast ballots in Dexter’s Ward 2. The suit also cited an issue with absentee ballots during the election, which included a Dexter School Board race decided by three votes.

McCoy, who had worked for the clerk’s office for about 13 years at the time she was fired, filed her suit in Stoddard County Circuit Court.

Citing Missouri statutes, Circuit Judge W. Edward Reeves of New Madrid County dismissed Weeks in his official capacity from McCoy’s lawsuit in August, saying the “definition of ‘public employer’ ... excludes local and county elected individual government officials.”

Weeks remained a party to the lawsuit in his individual capacity.

On Nov. 13, McCoy and her attorneys, John and Laura Clubb, signed a confidential general and full release of all claims.

That document was provided to the Daily American Republic by St. Louis attorney D. Keith Henson in an email response to a Sunshine Law request made by the newspaper. Henson represents the county’s insurance company.

The settlement amount to be paid to McCoy is $93,653.52, Henson’s email stated.

The money is be to be paid by Savers Property & Casualty Insurance Co.

The monetary settlement to McCoy reportedly is “compensation for non-wage damages,” not back pay, front pay or wages.

In agreeing to settle, Stoddard County and Weeks reportedly deny all of McCoy’s allegations and deny they are liable in any way to McCoy.

Stoddard County and Weeks “expressly” deny “any liability” for any claims “arising out of or in any way connected to the employment of (McCoy) by Stoddard County, Mo., the termination of (her) employment by Weeks” on April 8 or her charges of discrimination, the document further says.

McCoy reportedly acknowledges the release is being entered “into solely as a compromise to prevent further expense” and to end all existing and potential litigation.

In the agreement, McCoy and her attorneys “agree that if any person inquires about the existence or terms of this settlement and release, the only response that will be given will be ‘claims have been resolved.’”

A voluntary dismissal with prejudice was filed by John Clubb on Monday.

The filing of that dismissal reportedly was one of the stipulations of the settlement.

McCoy also agreed to withdraw her charge of discrimination against Stoddard County and Weeks with the Missouri Commission on Human Rights and EEOC.

McCoy had alleged sexual harassment, hostile work environment and termination in retaliation for making complaints.

McCoy, according to earlier reports, also had filed a claim with the Missouri Secretary of State’s Office regarding her allegations of election irregularities.

State officials reportedly investigated and later dismissed McCoy’s complaint in May.

The Missouri State Highway Patrol’s Division of Drug and Crime Control also investigated the allegations for any criminal violations, and its report was submitted to Butler County Prosecuting Attorney Kacey Proctor for review.

Proctor had been appointed special prosecutor to the case.

“After looking through reports and questioning witnesses of my own, I’ve come to the conclusion that I would not be able to meet the elements necessary to prove beyond a reasonable doubt that Cecil Weeks willfully and fraudulently certified that election,” Proctor said in July.

The result of the investigations “confirms what we knew all along,” Weeks earlier said. “The election went off like it was supposed to.”