Panel Votes Against Paying $200K Settlement To Former State Employee
ST. PAUL, Minn. (AP) — A panel of top Minnesota lawmakers opposed a $200,000 settlement Friday with an ex-employee at a state ethnic council who accused her boss of defamation and discrimination while he forced her out.
The Legislative Advisory Commission voted 3-2 against paying the settlement to Rebecca Johnson, a former employee at the Council on Black Minnesotans. Gov. Mark Dayton's administration can buck the commission's recommendation or let the case proceed to trial. Department of Minnesota Management and Budget Commissioner Myron Frans said afterward that he will advise Dayton to stick with the settlement.
"The risk factor is high on this," Frans said, noting a Dec. 21 trial date and attorney fees that will climb as that approaches.
Three Republicans, including House Speaker Kurt Daudt, opposed the agreement. Two Democrats, including Senate Majority Leader Tom Bakk, were in favor. The GOP members argued the settlement failed to answer deeper questions about the entity — now known as the Council for Minnesotans of African Heritage — such as whether there is more legal exposure from other past or present employees and whether it can afford to absorb the costs.
"I'm concerned that there has just not been enough information provided," said Rep. Sarah Anderson, R-Plymouth.
Johnson's attorney Stephen Cooper, who didn't attend the commission hearing, said in a telephone interview that he was surprised by the vote and is prepared to go to trial if necessary.
"It's a serious mistake," Cooper said. "The evidence in this case is overwhelming and the inappropriate behavior is equally overwhelming."
In her 2014 lawsuit, Johnson claimed the council's former executive director created a hostile and discriminatory work environment. Johnson, a 13-year employee and U.S. citizen who was born in West Africa, said the director disparaged her personally and people of her descent more broadly. She said he also discriminated against her on basis of age and carried out an elaborate plan to eliminate her position while refusing to consider her for a new one.
The seven-page settlement that Johnson signed in late October wouldn't have constituted an admission of wrongdoing on the state's part. She initially sought between $395,000 and $595,000 during pre-lawsuit talks, according to state documents.
In seeking the panel's approval, the Minnesota finance agency warned that a trial outcome would be unpredictable and that attorney fees alone could top $500,000 aside from any jury verdict.
The director named in the lawsuit, Edward McDonald, has since been replaced and a new one was officially hired Thursday. Two council board members said the council's employees are undergoing ethics and discrimination training.
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