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Former prosecutor suing city of Lee's Summit
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Former prosecutor suing city of Lee's Summit
Nov. 3, 2011
By Tribune Staff
editor@lstribune.net
Rachel Townsend says she was dismissed after complaining of sexual harassment
To Rachel Townsend, the joke wasn’t funny.
But the former city prosecutor says when she complained about a sexually charged birthday card that was passed around the office, it set off a chain of events that led to her dismissal from the job she had held for more than a decade.
Now she’s suing the city for unlawful retaliation.
Townsend filed suit on Wednesday, Nov. 2 in Jackson County Circuit Court against the city of Lee’s Summit.
City Attorney Teresa Williams and City Manager Stephen Arbo are also named as defendants.
According to court documents, on Dec. 15, 2010, Townsend sent a memo to Arbo complaining about a sexually charged birthday card Williams had circulated around the office on or about Dec. 9. In it, she accused Williams of sexual harassment and creating a hostile work environment.
However, it was Townsend who was suspended without pay a month later as the city investigated the matter.
Despite having received yearly merit increases in pay since she was hired as assistant city prosecutor in January 1999, Townsend says she was demoted on Dec. 27 and received a 5 percent pay decrease.
Then, on or about Jan. 18, Townsend says she was escorted from the building by Human Resources Manager Barbara Moberg and forced to gather her effects in front of a packed courthouse, which she found greatly embarrassing.
On Jan. 25, while on administrative leave, Townsend was interviewed by Lori Tritz and Tamra Wilson-Setser of FBD Consulting, LLC.
According to court documents, the tone of the questioning was “ ... accusatory, condescending and focused on the personal life of Plaintiff with the intent of embarrassing and discrediting (her) rather than seeking an objective conclusion to the complaint of Dec. 15, 2010.”
Townsend’s attorney, Gene Graham, was present during the interview.
On. Feb. 14, Terri Round, who was acting as prosecuting attorney, offered additional work to Eric Butkovitch, a substitute prosecutor for the city. She then requested he write an appellate brief blaming Townsend for misconduct, the suit alleges. Her husband, Brian Round, also an attorney, told Butkovitch “how easy it’d be to write.”
Terri Round told Butkovitch that Williams, the city attorney, wanted to blame Townsend for misconduct.
Butkovitch refused.
In a voicemail, Round told Butkovitch the city had removed him from several dockets. In March, Butkovitch told Municipal Court Judge James Tobin he felt he had been retaliated against for refusing to help Round and Williams retaliate against Townsend.
“Terri and Teresa are retaliating against me because I refused to file a brief blaming Rachel for something I knew nothing about,” he said.
Townsend was ultimately dismissed by the Lee’s Summit City Council on April 14 at Williams’ recommendation.
She filed a Charge of Discrimination with the Missouri Commission on Human Rights before pursuing the lawsuit. She received a notice of her right to sue on Aug. 5. Civil suits must be filed within 90 days of such notice and within two years of the alleged retaliation.
Butkovitch, meanwhile, sought a part-time position as prosecutor with the city. In 2010, he had been a finalist for Round’s job as assistant prosecutor, but he was not given an interview for the part-time position. He was terminated as substitute prosecutor on Oct. 10.
The city is named as defendant in the suit because Arbo and Williams were acting as city employees when they allegedly retaliated against Townsend.
Townsend has requested a jury trial and is seeking unspecified compensatory and punitive damages.
Townsend, Williams and Arbo was not available at press time.
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