Clay County Auditor Withholds Settlement Payments

On Monday, November 16, Clay County Auditor Victor Hurlbert announced that he is holding on to five purchase orders made out to pay the settlements of county employees who have resigned. The resignations include assistant county administrators Nicole Brown, Laurie Portwood and Brad Garrett, as well as Nikki Thorn and Melissa Mohler. The payouts total more than $350,000.

I cannot in good faith and conscience sign these purchase orders - Clay County Auditor Victor Hurlbert

In separation agreements, Brown and Portwood alleged Presiding Commissioner Jerry Nolte sexually harassed them. Thorn and Mohler didn’t name a specific Commissioner, however Thorn alleges gender discrimination and ethical misconduct. Nolte denied the allegations, and said that there have been no formal complaints against him.

Hurlbert stated that he is not in the position to determine the validity of the settlements because typically claims like these are handled through the County’s commercial liability provider after the employee terminates from employment.

Three of the purchase orders are for $50,000, the exact amount of the insurance deductible stated in the Official Action 2020-98 for “Each Wrongful Employment Practice Offense.”

“Currently County Counsel hasn’t even signed these agreements, which is odd to say the least,” said Hurlbert. “These are serious claims, so everything must be done correctly.”

Hurlbert also stated that he has no confirmation that the HR Manual policy for complaints was completely followed to reach an amicable resolution. He notified the County Counselor of these issues, but has yet to receive answers or directions on how to proceed. The agreements show payment was to be made to the employees by November 16, but the County Counselor did not sign off on them making them a valid contract per Missouri state law.

Hurlbert also stated in his announcement that because the majority of the Commission is alleging claims against a member of the Commission, it is essentially settling with itself. According to him, all of these issues do not appear lawful under Missouri state law until they are independently adjudicated.

“I cannot in good faith and conscience sign these purchase orders,” stated Hurlbert. “To act otherwise leaves the impression of a bonus, which is expressly prohibited by the Missouri Constitution.”

KPGZ News – Brian Watts contributed to this story