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County defends Eckstein, seeks case dismissal

He's accused of discrimination

Butler County has responded to allegations of sexual discrimination by Commissioner Jim Eckstein against chief clerk Amy Wilson.

Wilson in December filed a U.S. Equal Employment Opportunity Commission complaint alleging that Eckstein discriminated against her based on her gender in violation of Title VII of the Civil Rights Act of 1964, and she said she has suffered retaliation for reporting his conduct.

On Monday, Butler attorney Armand Cingolani, representing the county, filed a response to the charges, asking for the complaint to be dismissed.

In her complaint, Wilson alleged that she has been subject to a hostile work environment, causing her emotional distress and mental anguish. She initially filed a sex discrimination complaint with the county in 2012, and said she has been subject to hostile behavior from Eckstein since then.

Cingolani wrote in his response that the initial complaint with the county was dismissed, and he said Wilson has not defined the hostile or discriminatory conduct she is alleging.

Wilson, who has been chief clerk since 2012, claimed that Eckstein has shown similar behavior to other female employees.

The county’s response alleges that Eckstein has “made enemies” with males and female employees alike, and said that he criticizes these employees’ acts, not their sex.

Wilson said Eckstein filed a complaint with the state attorney general in May 2014 alleging abuse by Wilson of the county’s compensation policy. Wilson was cleared of wrongdoing, but Eckstein still went to the Butler Eagle to say he filed the complaint. She alleged that Eckstein has continued to publicly criticize her.

Cingolani wrote that Eckstein filed the complaint because of complaints received from taxpayers, and said allegations of serious wrongdoing are not relevant to a Title VII violation. The response also said that Eckstein’s complaint about Wilson’s use of compensation is not evidence of a hostile work environment, and not evidence of sex-based discrimination.

Wilson also alleged that Eckstein on Oct. 31, 2014, twice gave her written warnings, one alleging irresponsible use of vacation time and the other alleging she was not keeping county finances current. She also alleged that Eckstein requested her pay be decreased following the county’s selling of the Sunnyview Nursing and Rehabilitation Center.

The response said the warnings were issued properly.

For the first warning, the response said Wilson took vacation time during the county’s budget preparation, and said that it is essential that the chief clerk work on the budget. For the second warning, Cingolani alleged that Wilson failed to transfer $900,000 in Act 13 state gas impact fee money into the county budget.

The response said these warnings were not meant to humiliate Wilson.

Cingolani also wrote that the county has looked at possible salary reductions after the sale of Sunnyview, and alleged that Wilson was more involved in work with Sunnyview than her complaint said. The response also said that both men and women would have been included in such reductions.

Cingolani alleges that, although Eckstein criticized Wilson, she has no chance of being fired by the county commissioners because commissioners Bill McCarrier and Dale Pinkerton praise her work. He also wrote that there is no proof of retaliation when the majority of commissioners protect her position.

Cingolani said Eckstein’s criticisms of Wilson were done for the benefit of the county, and said that there is no evidence that Wilson experienced sexual discrimination. He claimed that Wilson’s complaint is not due to fear of being fired, but as a political threat against Eckstein.

Vicki Horne, Wilson’s attorney, said that the issue is between Wilson and the county, and said she does not believe it is appropriate to publicly discuss the dispute.

However, she did say that Wilson has respect for her position and the office of county commissioner, and has always conducted herself in a professional manner.

“Ms. Wilson is confident of the basis for and substance of her complaint, her need for and entitlement to relief. We will be pleased to address the facts specifically in the appropriate forum,” Horne said in an e-mail.

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