Employees Agree to Return to Work Provided Clerk Keeps His Distance

Two employees in the Clinton Township clerk’s office have agreed to return to work next week on one condition – that they can avoid face-to-face contact with Clerk George Fitzgerald.

Both Susan Brooks and Claudia Hutto went on paid medical leave several weeks ago citing a hostile work environment created by Fitzgerald.

But with her medical leave due to expire Oct. 18, Brooks asked the township board Tuesday to grant her an extended, unpaid leave of absence through Nov. 7.

In a letter dated Sept. 26 to Human Resources Director William Smith, Brooks wrote, “I have been instructed to return to work under Mr. Fitzgerald’s authority and supervision as of Thursday, Oct. 18, 2012. I am unable to do so, as his behavior in the workplace has made my position completely untenable.”

Brooks, a 13-year employee of the clerk’s office, filed a federal whistle-blower lawsuit in July that alleges Fitzgerald threatened his employees and sexually harassed his deputy clerk, Kim Irvine.

“I have attempted in as many ways as I can think of to resolve this issue, including petitioning the police and township authorities for assistance. However, his ongoing and escalating hostile and aggressive behavior and my recent direction to return to his immediate supervision poses an ongoing threat to my safety and welfare,” Brooks states in her letter.

“Because he has failed and refused to behave appropriately and/or remove himself from this situation, for my health and safety I will not be returning to work while he remains in office.”

Although the letter was read in open session, township attorney Jack Dolan cautioned the board that should they grant Brooks’ extended leave, it should be on the recommendation of the HR director and not as confirmation or rejection of the claims in her letter, which are tied to the pending lawsuit against Fitzgerald.

“We are not going to frame, nor am I going to allow her to suggest that the grant or denial of her request is premised upon whether this board is concurring or disagreeing with the allegations she is making in that letter,” Dolan said.

When instructed by Supervisor Robert Cannon to read Brooks’ letter into the record, Fitzgerald refused and left the boardroom. He returned a short time later, but it was Cannon who read the letter into the record.

With a motion to grant her request on the table, Brooks’ asked Cannon and Dolan for additional clarification as to what would happen should she return to work next week.

Assured by both men that a resolution passed by the board in June prohibits Fitzgerald from physically entering the clerk’s office – he currently works from space in the Board of Trustees offices – or risking legal consequences, Brooks withdrew her request and told the board she would return to work on Oct. 15.

“I’m going to give it a try, for the community,” Brooks said. “I know the election is in trouble. I’ve worked many elections and I would like to have my job back. It has nothing to do with supporting Mr. Fitzgerald but for the community and for the board.”

Hutto, who was also present for the meeting, asked to return to work on the same date.

Township continues efforts for clerk's official removal

The board previously voted to censure Fitzgerald on June 4, giving him the choice to resign or face removal by the governor. When Fitzgerald refused to resign, the bi-partisan board, with the exception of Fitzgerald, voted to file a formal request with the governor’s office to remove him due to misconduct in office.

The governor’s office told the township at the end of August that the information submitted to justify in investigation for Fitzgerald’s removal was insufficient. Cannon has since resubmitted additional information.

Throughout the controversy, which began in late 2011, Fitzgerald has maintained that the allegations against him are politically motivated.

Fitzgerald, a Democrat elected to the post in 2008, faces Republican Kim Meltzer, a former state representative, in the Nov. 6 election.