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Columbia Missourian

Blunt criticized for handling of lawsuit

By TINA MARIE MACIAS, MATT TILDEN and SEAN SPOSITO
March 1, 2007 | 12:00 a.m. CST

Female officials questioned his actions in sexual harassment settlement

JEFFERSON CITY — Just hours after Gov. Matt Blunt defended his decision Wednesday to retain a top official accused of sexual harassment, two female statewide officials questioned the governor’s actions concerning the former Department of Agriculture director and the proposed settlement of the sexual harassment investigation.

The sexual harassment settlement would have been paid to former Agriculture Department employee Heather Elder out of the department’s budget rather than the state’s fund used to cover lawsuit awards against state employees.

As a result, State Auditor Susan Montee, a Democrat, said she will audit the Agriculture Department in June.

“We just know there’s something about the way this transaction was being handled that feels improper and looks improper,” she said.

Republican State Treasurer Sarah Steelman also criticized Blunt on Wednesday saying the governor should have removed Fred Ferrell, director of the Department of Agriculture, immediately after the Highway Patrol had concluded its investigation in mid-May 2006.

“I’m upset that we don’t have proper checks and balances,” Steelman said. “I don’t think it’s right for the women in state government. I don’t think it sends the right message to our daughters.”

Elder filed a lawsuit against Ferrell on Feb. 23, countersuing after the Agriculture Department sued her for refusing a settlement in the case. Elder has accused Ferrell of verbal and physical sexual harassment, according to a report of the Highway Patrol investigation.

Ferrell was forced by Blunt to resign Monday.

Blunt spoke publicly for the first time Wednesday about his involvement with the investigation, telling reporters that the reason the settlement was paid by the Department of Agriculture is that the attorney general refused to get involved with the case for six months.

“I believed, the department believed, that the attorney general had a responsibility to be involved, but the attorney general’s office refused to be involved,” Blunt said. “I think this would have been much better if the attorney general had immediately exercised his duties, met his responsibilities and represented the Department of Agriculture.”

Blunt said he kept Ferrell in office because he thought Elder was satisfied with the settlement.

“There was clearly a belief that this had been settled and everyone had agreed to the deal,” Blunt said.

Blunt said he agreed to keep Ferrell on the job on the condition that Ferrell give an apology, go through sensitivity training and pay a fine, Blunt said in a news release Monday.

According to a timeline outlined in the settlement documents, Elder first started saying she was not happy with the settlement at the end of November.

John Fougere, spokesman for Attorney General Jay Nixon, disputed Blunt’s statement regarding Nixon’s involvement. He said the attorney general’s office followed its normal procedure in representing the state.

“The administration’s desire to keep their payment secret led to the attempt to use department fund rather than the state’s legal defense fund, payments from which are public,” Fougere said.

Blunt also said it will be up to the Agriculture Department to decide whether to drop the suit against Elder.