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Genesee County off the hook but lawsuit continues against Clerk-Register John Gleason
Print Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
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on March 04, 2014 at 4:45 PM
FLINT, MI -- Genesee County is off the hook in a lawsuit over a jobs, but the case will still move forward against Clerk-Register John Gleason, accused of promising a former employee a new job when he moved into county government but never delivered.
Genesee Circuit Judge Geoffrey Neithercut ruled Monday, March 3, during a summary disposition hearing that allegations filed against Gleason by Melissa Calvert could move forward but that he would dismiss Calvert's allegations against the county.
"I think that's a good thing," County Commission Chairman Jamie Curtis said of the ruling. "The county Board of Commissioners did not act in bad faith."
Melissa Calvert of Flushing filed the lawsuit in April 2013 alleging that Gleason promised her a position with the county, had her train for the job and fill out paperwork for new employees. The lawsuit claims that she even took the required drug test and was issued an employee identification badge.
However, before the hiring was approved by the county Board of Commissioners, Gleason pulled the offer, telling Calvert he was under pressure to hire a minority or a disabled job candidate instead, the lawsuit claims.
Calvert worked for Gleason as a secretary when he served as a state senator. He resigned from the position when he was elected clerk-register in November 2012.
Attorney William Reising, who represented the county in the case, argued that the county never entered into an employment agreement with Calvert and was therefore unable to breach any contract. He also argued that Gleason's hirings are done independently of the county commissioners.
"As the county lacks control over Mr. Gleason's determination of appointments to his office -- which is an independent, constitutional office -- he cannot be said to be acting on behalf of the county for that purpose," Reising argued in his summary disposition motion.
The lawsuit claims Gleason assured Calvert she would have a job working for him in the county until commissioners were about to consider her hiring. At that time, Gleason asked commissioners to delay the decision because the application of a disabled veteran had come to his attention.
Gleason said in April 2013 that the veteran and Calvert were never candidates for the same job. The position was eventually filled by Leslie Raleigh.
Gleason defended his actions following Neithercut's ruling.
"I hired the most qualified person for the job," said Gleason, adding that he believes the lawsuit is politically motivated. "I should be able to hire who I'd like to work on behalf of the public."
The judge did dismiss a claim accusing Gleason of violating the Michigan Persons With Disabilities Civil Right Act that suggested Calvert, who is not disabled, was passed over for the position in favor of a disabled veteran.
Gleason's attorney, Timothy Winship, argued that state law does not support a "reverse" disability discrimination claim and that the disabled veteran who had applied was never hired.
Calvert's attorney, Tom Pabst, could not be reached for comment on the ruling decision.
The lawsuit seeks more than $100,000 over allegations that Gleason discriminated against Calvert during the hiring process, breached an express contract with her and that she relied on Gleason's promise of a job in making other decisions "to her great detriment."
A jury trial is scheduled for June 17. |
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