« Ind. Decisions - 7th Circuit issues one Indiana ruling | Main | Ind. Gov't. - Garton and Borst victims of religious zealots? Or were they simply out of touch? »

Thursday, May 25, 2006

Ind. Gov't. - More on: Nondisclosure agreement reportedly bars public from seeing settlement

Tuesday this ILB entry reported on a Crawfordsville settlement agreement (Per the AP "The city has settled with the mayor's former administrative assistant over her allegations that she was fired after spurning his sexual advances) where the terms were protected by a non-disclosure agreement.

Yesterday, the terms of the settlement were disclosed, according to this report from The Paper of Montgomery County:

The terms of the settlement in the tort claim brought against the city of Crawfordsville, Mayor John Zumer and city council members by former employee Summar Keesee were disclosed Wednesday.

While Zumer is out of town, he did say that he would release a statement on the matter.

Under terms of the settlement, Keesee will receive $20,000.

A separate supplemental agreement was also signed by Zumer and Keesee. This involved mediation through the Equal Employment Opportunity Commission, Zumer, Keesee and their attorneys.

According to the settlement with the city, the agreement does not constitute an admission by Zumer or the city of any wrongdoing as alleged by Keesee. Further, Zumer agreed that there shall be no discrimination or retaliation of any kind against Keesee as a result of filing this charge.

Zumer agreed to respond in a neutral manner to any reference checks made on Keesee by providing only her dates of employment and positions held to prospective employers.

In turn, Keesee agreed in writing to keep the terms and provisions of the settlement confidential.

Keesee was asked this morning if she believed it was fair that the city could talk about the settlement but she can’t. "I am not going to talk about that," Keesee said.

Maria J. Flora of the Crawfordsville Journal Review wrote this more comprehensive story today:
A former administrative assistant was awarded $20,000 in a sexual harassment claim involving Crawfordsville’s mayor, according to information released Wednesday.

Crawfordsville’s insurance carrier will pay $12,500, with the city paying a $7,500 deductible, attorney David Peebles confirmed Wednesday.

Summar Keesee, 29, is responsible for taxes and her attorney fee, according to the agreement. Under the settlement, she waived her right to file a lawsuit.

“This agreement shall not in any way be construed as an admission of the City or its agents of any improper or unlawful conduct whatsoever against Keesee or any other person and the City and Zumer specifically disclaim any liability to Keesee or any other person,” the settlement reads.

Keesee worked for Zumer from Jan. 2004, when he took office, until he fired her in December, 2005. She earned $25,000 a year.

In February she filed notice of a tort claim, a step that must be taken before filing a sexual harassment suit against a public official. She claimed Zumer harassed her and wrongfully terminated her employment.

An Equal Employment Opportunity Commission mediator facilitated the settlement Monday among Zumer, Keesee, their attorneys and insurance company representatives.

Terms of the settlement prohibited Keesee from discussing the amount received or any other details. Her attorney, Bruce Petit, of Carmel and Peebles also said Monday the settlement required non-disclosure and were brief in their comments.

Peebles, the city’s attorney, released a copy of the settlement Wednesday after the Journal Review requested it under the Indiana Access to Public Records Act. The written request noted the Indiana Court of Appeals recently sided with the Knightstown Banner in its quest for public records written by an insurance carrier’s attorney.

Zumer was out of town Wednesday at a meeting of the Indiana Association of Cities and Towns. Peebles said Zumer will release a formal statement this afternoon. The statement is expected to address the deductible billed to the city. [emphasis added]

Posted by Marcia Oddi on May 25, 2006 01:22 PM
Posted to Indiana Government