WALKER-The Cass County Board voted Tuesday to accept a settlement agreement in a lawsuit filed by a sheriff's office employee.
The lawsuit against the county and Sheriff Tom Burch alleged the sheriff abused his position to retaliate against Mary Tennis, a longtime employee who is also the wife of a former political rival.
Tennis has one week to approve and sign the agreement, the terms of which are not yet public. She also has a seven-day right to rescind her approval after signing the agreement.
If she signs and does not rescind in the allotted time, Minnesota Counties Insurance Trust-appointed attorney Dyan Ebert advised the county board and administration they may release the terms of the agreement at that time.
The suit alleged Tennis was denied promotions and ultimately demoted because her husband, Wayne Tennis, ran against Burch for sheriff. The civil complaint detailed a series of retaliatory actions Tennis claimed were taken by Burch beginning in 2011, when he assumed office after defeating Wayne Tennis and two other candidates.
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These actions, the suit alleged, violated Mary Tennis' First Amendment rights and constituted discrimination based on her marital status under the Minnesota Human Rights Act. Tennis also sought damages because private personnel data about her was allegedly shared with co-workers, a violation of state law.
As part of the lawsuit, Tennis sought all relief available through state and federal law in excess of $50,000, including damages for lost income, lost benefits, mental anguish and emotional distress. She also sought punitive damages against Burch and a court order requiring Cass County give her the option of returning to her former position.
In a response, Burch and Cass County denied almost all the claims made by Tennis.
"Any and all decisions and actions taken with regard to plaintiff (Tennis) and her employment with defendant Cass County were the result of legitimate and non-discriminatory actions, were appropriate and justified, and were in no way related to plaintiff's exercise of any protected right or activity or any protected class status," the court document filed on behalf of Burch stated.
Tennis began working for the Cass County Sheriff's Office in 1988 as a corrections officer. In 2003, she was promoted to jail program coordinator, a position she held until August 2015 when she was demoted back to corrections officer. Burch began his full-time career in Cass County in 1987 and was the chief deputy when he announced his candidacy for sheriff in 2010. Burch was elected sheriff in 2010 and again in 2014.
Monica Lundquist, Cass County Board correspondent, contributed to this report.
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CHELSEY PERKINS may be reached at 218-855-5874 or chelsey.perkins@brainerddispatch.com . Follow on Twitter at www.twitter.com/DispatchChelsey .
