Whistleblower files suit against Stoddard County clerk for wrongful termination, sexual harassment

BLOOMFIELD, Mo. — A former deputy clerk filed suit Tuesday morning against Stoddard County and her former boss for wrongfully terminating her for questioning irregularities in the April 2 municipal election.

Cape Girardeau attorney Laura Clubb filed the suit in Stoddard County Circuit Court on behalf of her whistleblower client, Ginger McCoy.

A charge of discrimination also was filed Tuesday by McCoy with the Missouri Commission on Human Rights and Equal Employment Opportunity Commission. In it, McCoy alleges sexual harassment and a hostile work environment.

Both name Stoddard County and Stoddard County Clerk Cecil Weeks as defendants.

When contacted Tuesday afternoon, Stoddard County Presiding Commissioner Danny Talkington said he knew nothing about McCoy’s suit.

“I can’t tell you a thing; this is the first I’ve heard about it,” Talkington said. “I haven’t seen it. I don’t know what it entails. I can’t address (its contents).”

A message left for Weeks was not returned by press time.

The basis for the suit is McCoy’s April 8 firing from the clerk’s office, where she had worked for about 13 years.

While employed in the clerk’s office, McCoy’s duties reportedly included assisting with the mechanics and procedures surrounding elections, as well as assisting with election administration and certification.

During her employment, McCoy reportedly “had an exemplary employment record and received regular raises and positive work evaluations,” according to the suit.

The April 2 election, according to the suit, included a contested Dexter (Missouri) School Board race. Candidate Ronald Glaus lost by only three votes.

On April 3, the suit states, McCoy was working the “poll pads” to sync them into the Missouri Centralize Voter Registration database.

While comparing signatures to ballot counts, McCoy “noticed that Stoddard County had two more ballots cast than there were signatures of registered voters in Dexter Ward 2,” Clubb wrote.

During McCoy’s examination, Clubb said, her client “noticed two voters signed the precinct roster that were not registered to vote in Stoddard County.

One reportedly was registered in Butler County, while the other was registered in New Madrid County.

McCoy, the suit states, immediately brought these irregularities to Weeks’ attention.

“Mrs. McCoy informed defendant Weeks that it would be a violation of law, with possible criminal penalties, to certify the election knowing of these election irregularities,” the suit states.

After telling Weeks, McCoy then contacted the election judges to ask about the signatures to see whether “the judges could remember whether these two voters cast ballots,” according to the lawsuit.

Neither election judge could “definitely state whether she remembered if these two voters had cast ballots,” the lawsuit stated.

On April 3, the suit further states, Stoddard County Assessor Dan Creg brought in three ballots from the night deposit that had been jamming up the ballot box.

“These three found ballots were not counted as part of the April 2, 2019, election totals ...,” the suit states. “Despite evidence that the ballots were cast on April 2, 2019, defendant Weeks directed his staff to stamp the three ballots with the date ‘April 3, 2019,’ indicating that they had, in fact, been cast” on that date.

The next day, the suit states, McCoy again told Weeks he should investigate and resolve the election irregularities before certifying the election and it would be a violation of law to certify the election knowing irregularities existed.

Weeks became angry and agitated with McCoy following her repeated complaints, the suit states.

McCoy’s suits claim Weeks took no action to investigate, and he certified the election April 5.

When McCoy reported for work April 8, the suit states, Weeks and Talkington refused to let her enter her office.

McCoy was fired at that time and not allowed to retrieve her personal belongings from her office.

The suit alleges Stoddard County and Weeks fired McCoy in violation of state statute for disclosing the election irregularities, which she believed were a violation of law; for disclosing the defendants’ alleged failure to investigate and resolve the matter of the two improperly registered voters, Weeks’ alleged falsification of the dates on the ballots and activity related to the certification of the April 2 election.

The suit states McCoy filed complaints about the election irregularities or complained to Stoddard County, Weeks, Talkington, Stoddard County Prosecuting Attorney Russ Oliver, Secretary of State Jay Ashcroft, State Auditor Nicole Galloway, Attorney General Eric Schmitt, Stoddard County Sheriff Carl Hefner and the Missouri State Highway Patrol either prior to or after being fired.

According to earlier reports, Hefner requested the patrol’s Division of Drug and Crime Control investigate the allegations. The patrol’s investigation is ongoing.

Citing a conflict of interest, Oliver sought the appointment of a special prosecutor. Butler County Prosecuting Attorney Kacey Proctor was appointed.

In her suit, McCoy seeks actual damages in excess of $25,000 from both the county and Weeks, as well as attorneys’ fees.

EEOC Complaint

In her charge of discrimination to the Human Rights Commission and EEOC, McCoy alleges Weeks, almost immediately after he took office Jan. 1, “began to subject me to sexual harassment and a hostile work environment. This behavior by Weeks was directed at me because of my gender.”

An example cited by McCoy was Weeks’ installation of cameras in his “taxpayer-financed office so, according to Weeks, he could watch all of the ‘girls’ in the office all day on his smart phone, tablet or computer.”

On at least one occasion, McCoy said, Weeks told her she should thank him for being county clerk because the alternative would have been Talkington.

“By saying this, Weeks was subjecting me to increased scrutiny because of gender,” McCoy said. “Weeks also called me into his office to ask, in a disparaging manner, whether he could trust me or not.”

McCoy further alleged Weeks made comments about her age, “relative youth and condescended to me that I ‘was just a baby.’”

McCoy accused Weeks of “routinely” asking her and the other women in the office “invasive questions about our personal lives and relationship statuses. Weeks frequently sat or stood too close to me and invaded my personal space. ...

“Weeks’ comments and his behavior toward me and other women in the office was of a sexual nature, and I made sure that Weeks knew that I did not appreciate his conduct, comments or attention.”

McCoy said she told Weeks several times she found his conduct to be inappropriate.

When Weeks refused to cease his alleged discriminatory behavior, McCoy said, she complained to Talkington and Commissioner Steve Jordan.

“They not only failed to address my complaints about Weeks’ behavior, but Talkington helped Weeks dismiss me from my position in retaliation for my complaints about Weeks’ sexual harassment, discrimination and hostile work environment,” McCoy said.

Talkington and Jordan, McCoy alleges, did not conduct “an appropriate investigation or take steps to stop the unlawful conduct. Instead, they retaliated against me by dismissing me.”

McCoy is seeking compensatory damages, including, but not limited to, lost wages.