Former Topeka city official files discrimination claim ahead of $397,500 settlement

Former Topeka human resources director Jacque Russell filed a federal complaint alleging discrimination and retaliation months before the city agreed to pay her $397,500, the settlement agreement said.

Russell signed the document Oct. 17 calling for the city to pay $237,967.39 directly to him and $169,532.61 to the Independence, Missouri-based law firm of Barcher Gockel Law, LC.

The agreement requires Russell to withdraw the federal complaint he filed with the U.S. Equal Employment Opportunity Commission on May 23.

The city provided a copy of the settlement agreement to The Capital-Journal on Friday in response to a request submitted using the Kansas Open Records Act.

The Capital-Journal filed a request Monday using the federal Freedom of Information Act seeking a copy of the complaint Russell filed with the EEOC. The EEOC confirmed via email that it had received the request but had not responded as of Tuesday.

City attorney rejects Capital-Journal’s request seeking Russell’s claim

Russell was the city’s longest-serving department head when you resign Effective from December 1, 2023, from his position as human resources director, which he has held since April 2008.

Topeka City Council Voted 8-1 It was on the agenda for the Oct. 15 meeting that $397,500 would be paid for a full and final settlement of the allegations Russell filed related to his former job with the city. The nature of the allegations was not discussed publicly that evening.

The Capital-Journal submitted a request to KORA on Oct. 16, asking the city for a copy of the allegations in connection with the settlement Russell filed.

City attorney Amanda Stanley’s office denied that request on Oct. 21, saying such documents were personnel records, privileged under rules of evidence, and records whose release would constitute an invasion of privacy.

KORA gives municipal governments the right to keep most personnel information confidential.

Transparency advocate: ‘The public has the right to know’

Max Kautsch, a Lawrence attorney, transparency advocate and former president of the Kansas Open Government Coalition, said Kansas law requires Russell’s settlement agreement to be public.

“While the settlement agreement offers some clues as to why the city had to pay such a large sum to a former employee, the public will remain in the dark about the details unless the city takes its transparency responsibilities seriously,” Kautsch said. he said. “The public has a right to know what events warrant agreement, and city leaders have an obligation to explain why they should be trusted to hire and manage employees effectively.”

What else is written in the agreement?

The settlement agreement requires Russell to agree that the city owes him no further compensation in the case.

The agreement does not constitute an admission of any liability, misconduct or wrongdoing by the city.

The agreement outlines 20 different types of claims that Russell says he cannot proceed with.

These include allegations that the city violated laws regarding discrimination based on age, gender and race. Russell is a black woman. His age was not available.

The types of claims that the agreement prohibits Russell from pursuing include claims for “retaliation or unlawful termination for whistleblowing, retaliation, retaliation, or other similar law.”

Is Jacque Russell allowed to make public comments anymore?

The settlement agreement prohibits Russell from publicly commenting on the deal in any format, including the press or social media.

“In response to any inquiry regarding the circumstances and/or outcome of allegations against the Defendant and/or any dispute between Russell and the Defendant, Russell may only respond by stating that the matter has been ‘resolved and I cannot talk about it’ or has said words to that effect and whether he is satisfied with the decision.” “It may not cause any symptoms,” he says.

The lawsuit comes amid a flurry of applications in the city of Topeka

Russell’s agreement was approved at a time when Topeka’s city government is dealing with other allegations of discrimination.

Female Topeka police leaders Capt. Colleen Stuart and Maj. Jana Kizzar last month won gender discrimination case He was awarded a total of approximately $489,000 against the city.

Russell was among the witnesses who testified on behalf of Stuart and Kizzar in December 2021 at a trial in which jurors concluded the city discriminated against them on the basis of gender when it passed them over for promotion in favor of a less qualified, male candidate. They had reliability issues that they didn’t have.

A third woman is Topeka police chief Capt. Jennifer Cross. lawsuit against the city alleging retaliation and a hostile work environment.

Meanwhile, two retired Topeka Fire Captains, Barbara Hack and Brentlyn Dorsey, are also on duty. filing separate discrimination lawsuits against the city. Hack is a woman and Dorsey is black.

city ​​last year Agreed to pay $200,000 To resolve allegations of racial discrimination and retaliation by Topeka Fire Department Battalion Chief Ron Rutherford, who is black.

Contact Tim Hrenchir at [email protected] or 785-213-5934.

This article first appeared in the Topeka Capital-Journal: Former Topeka official claims discrimination before receiving $397,500