City's human resource director testifies Tuesday in bench trial tied to suit from 10 former employees

City's human resource director testifies Tuesday in bench trial tied to suit from 10 former employees

By Ann Marie Bush
ann.Bush @ cjonline.Com

Jacque Russell, director of human resources for the city of Topeka, testified afternoon that despite difficult economic times in 2011, protecting city employees was important during the consolidation of the city parks and recreation department and the county’s department.

After calling three witnesses, the city of Topeka rested its case after 4 p.M during a bench trial at Shawnee County District Court.

Ten former Topeka parks and recreation employees are suing the city, contending they were involuntarily terminated from their employment with Parks and Recreation of Topeka on Dec. 31, 2011, then became Shawnee County employees the following day.

Attorney Grant Glenn filed a lawsuit against the city in May 2012 on behalf of former employees William Riphahn, Teri Simpson, David Specht, Clay Neal, Lynn Bishop, Bruce Andrews, Roger Wilcox, John Bell, Kathy Jo Huseman and Gena Brooks.

The 10 contend they should have received severance pay from the city.

A bench trial began at 10 a.M. Monday in front of Judge Rebecca Crotty.

John Knight, director of the merged parks and recreation department, and Terry Bertels, director of the parks department, also testified on Wednesday.

Most of the plaintiffs had testified on Tuesday and Wednesday. However, Glenn said one more of the plaintiffs will testify at 9 a.M. Thursday.

“There will be no closing arguments,” Crotty said after both sides agreed. “We’ll rely on the briefs.”

Shelly Starr, chief of litigation for the city of Topeka, spent more than hour questioning Russell about benefits the employees received in transitioning to the county. Fifty city employees were affected by the merger, Russell said. Two employees in the union, as well as two managers, opted not to transfer, she said.

Those who transferred were allowed to take their vacation time, some of their sick leave and senority with them, Russell testified. Employees who transferred also had the option to have be paid for some of their accrual hours.

Because the consolidation wasn’t addressed in the city’s personnel code, Russell “was blazing a new trail,” Starr said.

“The elephant in the room is ‘Why were these employees not paid severance?” Starr said.

Russell said severance is paid out when “you have suffered a job loss.” The city parks and recreation employees were guaranteed a similar job and the same rate of pay six months after the merger.

“Do you feel you were responsive to employees who asked questions?” Starr asked Russell.

“Yes,” Russell replied.

“Were you trying to hoodwink them?” Starr asked the witness.

“Not at all,” Russell told the court.

The petition alleges the city:

■ Failed to comply with its personnel code requirement that the city offer severance benefits to employees who have lost their jobs “through no fault of their own” as part of a “permanent reduction in force.”

■ Negligently misled the 10 into signing a waiver releasing their rights under the city personnel code.

■ Violated the Kansas Wage Payment Act by failing to offer the employees severance pay.

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Making a difference: Careers in child welfare

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(Pictrure Source: Internet)
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