Gilbert: Council Was Never Notified of Complaint
WINNSBORO – Fairfield County Council has settled a complaint filed by a former county employee who is the wife of a sitting county councilman.
The county signed an agreement on July 12 to pay $50,000 to Diana Robinson, former Director of the county’s Workforce Innovation and Opportunity Act (WIOA) in exchange for her agreeing to not bring further complaints or a lawsuit against the county.
County Council members Douglas Pauley and Clarence Gilbert and other county officials say the negotiations for the settlement, which were not part of a lawsuit, were conducted outside standard county procedures.
“Ms. Robinson resigned on Sept. 16 of last year, and from then until we were asked to vote on a settlement last month, council members were never told about any ongoing complaints made by Ms. Robinson or that there was anything going on about a settlement, an EEOC complaint or anything,” Pauley said.
“We [council] were never, not once, updated or officially informed about anything to do with her resignation or any complaints until June 13, 2022, when we went into an executive session and were told that if we didn’t settle with Ms. Robinson, that she might sue the county,” he continued. “Councilman [Mikel] Trapp was ready with a motion to pay her $50,000.”
“We were provided with no materials, evidence, complaints or anything during executive session related to the issue – why she was given a termination letter, then decided to resign,” Gilbert said. “Mr. Pauley asked [County Administrator] Malik [Whitaker] for her file and any documentation of the circumstances of the issue. He also asked to have Mr. [Brad] Caulder [Human Resources Director] brought in to explain the issues of Ms. Robinson’s resignation, since he was the one who had handled it during the tine he was serving as Interim County Administrator.
“Mr. Whitaker denied both requests. In fact, Mr. Whitaker said there was nothing in Ms. Robinson’s file, which we now know was not true. I understand now that there was a large file of information available that could have been given to us to review.”
In an email sent by Caulder to council members on June 24, 2022, which was obtained by The Voice through an FOIA request, Caulder made it clear he did not know a settlement was going to be proposed.
“I have recently learned of a council vote offering to settle an employment claim of a former employee against the county that occurred during my time as Interim Administrator,” Caulder wrote. “I have also learned it has been communicated to council there is no documentation available from me regarding this matter. If council has reached the point of making a decision to settle a case involving my decisions during my time as Interim Administrator, I would think council would offer me an opportunity to explain and provide documentation regarding the circumstances before making such an unprecedented decision.”
Caulder stated in the email that he had also not been involved with any mediation between the county and the claimant which, he said, is unusual.
In the almost 200 documents The Voice received through an FOIA request for Ms. Robinson’s file the day before going to press, there is no documentation or ‘right to benefits’ statement from the EEOC.
Only four of the seven councilmembers voted to pay the settlement. Pauley and Gilbert did not vote, but under county rules, failure to vote counts as a ‘yes,’ resulting in a 6-0 vote. Robinson’s husband, County Councilman Neil Robinson, left the room during the vote, but was reported to be present in a subsequent executive session when there was discussion regarding an email from Caulder about the matter.
“It was all a shock to me, new to me, when we were asked to vote for the settlement so the county wouldn’t be sued,” Pauley said. “I didn’t vote because I didn’t have enough information to make an informed decision.
On June 16, Pauley sent an email to Bell asking that a reconsideration of the vote be put on the agenda for the next meeting.
Bell replied on June 22.
“Mr. Whitaker provided all that Mr. Caulder had to offer. I do not plan to place on the agenda for reconsideration,” he wrote.
According to records obtained by The Voice through an FOI request, Robinson was given the choice of resigning or being terminated for insubordination, attempted retaliation against subordinates and making false statements, among other issues.
Robinson filed a discrimination claim with the South Carolina Human Affairs Commission in December, 2021, claiming she was the target of racial, sexual and disability discrimination as well as retaliation.
Last April. Robinson filed an amended charge of discrimination, adding job and salary discrimination.
Robinson did not file a lawsuit against the county, and there is no record that the county ever turned her complaint over to its insurer through the SC Association of Counties to review or handle, which would be the county’s normal practice, according to Caulder’s email to council members on June 24, 2022.
“To my knowledge, normal protocol of filing employment cases with the Association of Counties for liability defense has not been followed which is extremely concerning as this provides protection for employees carrying out their responsibilities on behalf of the county,” Caulder stated. “I recently learned of more EEOC/SAC allegations of which I was not notified; or given the opportunity to provide a response. I am afraid to know what response the county offered on my behalf that I was not aware of.”
Caulder requested the opportunity to answer any questions and explain the circumstances and his concerns surrounding the matter, but there is no answer in the file.