Former children services director files wrongful termination suit against county

The former executive director of Highland County Children Services has filed a lawsuit against the Highland County Board of Commissioners and Highland County's Department of Job and Family Services/Child Support Enforcement and Child Protective Agency for wrongful termination. 

The suit was filed Friday in the Highland County Clerk of Courts Office by an attorney for Wendy Jacobs, alleging that she was wrongfully discharged by the county from her job at Highland County's Department of Job and Family Services/Child Support Enforcement and Child Protective Agency.

Commission President Shane Wilkin said the board would have no comment on the pending litigation.

Jacobs alleges that the defendants "were willful, wanton and malicious in nature." She is asking for full reinstatement and damages to be determined at trial, including: "Lost pay and benefits resulting from the termination of Plaintiff's employment; compensatory damages; punitive damages; pre-and post-judgment interest at the rate allowed by law; attorney fees, costs and expenses incurred in the investigation and prosecution of this action; and any further relief which the Court deems just, proper and equitable under the circumstances. " 

According to the suit, filed by attorney Stephen A. Simon, Jacobs was hired in 2006, and in September 2007 she was promoted to the agency's executive director. 

"Over her strong objection-and the objection of many others-the Highland County Board of Commissioners decided, on December 22, 2010, to merge Highland County Children Services with Highland County Job & Family Services to create the Highland County Department of Job and Family Services/Child Support Enforcement and Child Protective Services Agency," according to the suit. "The merger resulted in the elimination of the position of Children Services Executive Director, effective June 30, 2011. During the transition leading up to the merger, Ms. Jacobs continued to serve as Children Services' Executive Director and performed admirably, as reflected in her final job review, dated June 6, 2011. Regarding the oversight of the 'delivery of child proactive services,' the Children Services Board gave Ms. Jacobs the highest score possible. Ms. Jacobs was offered the position of Social Services Supervisor with the new agency created by the merger. Although Ms. Jacobs feared that the County was moving her into a position with less job security in order to ultimately sever her employment with the County, she nevertheless accepted the offer."

On May 11, 2011, Jacobs sent a letter to the county commissioners addressing concerns about the pending move and merger with Job and Family Services, writing: "Highland County Children Services is requesting assistance in the physical move to JFS. There are several tasks that need to be accomplished, and the current staff does not have the time to complete them. With current caseload sizes, the staff are already working overtime weekly to meet mandates."

Jacobs began serving as a social services supervisor in July 2011. 

As previously reported in The Highland County Press, in December 2010 the Highland County Board of Commissioners - which was then comprised of Gary Heaton, Shane Wilkin and Tom Horst - voted 3-0 to merge the Highland County Children Services agency with the Highland County Department of Job and Family Services.

In a letter written to Jacobs and Job and Family Services director Debbie Robbins, the commissioners wrote, "The combination of these two agencies is an effort to streamline operations, to be more efficient with monies available and to better service the public. We are now joining the majority of counties in Ohio by combining the two agencies ...  "We find ourselves at a time where not only the county but the state, too, is faced with unprecedented budget challenges. The full cooperation and support of both agencies throughout this process is imperative. It is only with total cooperation that we can be successful and perform the services needed by the citizens of Highland County during these difficult ties. The issues we face have made all agencies throughout the county reevaluate how business is done. Although change is seldom desired, it is this change and our ability to adapt that will, in the years to come, make us better."

In June 2011, the Highland County Children Services Board - which was ultimately disbanded by a vote from commissioners Wilkin, Horst and Jeremy Shaffer - wrote a letter to the commissioners stating their opposition to the merger. 

The board wrote that they had previously stated, according to August 2010 meeting minutes that, “Highland County Children Services Board would like it to be on record and public, that they are not supportive of this action, as they do not feel it is beneficial to Children Services at this time.”

Additionally, the board said, "While we realize that over the coming years the merger will no doubt be of benefit to the county, we do not, at this time, view it either as a positive for the services to children or as an efficient use of agency funds."

"Only one month after her hire, Ms. Jacobs's fears were confirmed," according to the suit. "On August 3, 2011, her new direct supervisor, Deborah K. Robbins, the Director of the merged agency, called Ms. Jacobs into a meeting to advise her that she was being suspended, effective immediately. At the suspension meeting, Director Robbins told Ms. Jacobs that she had received complaints from two of Ms. Jacobs's subordinate employees, which stemmed from a prior meeting between Ms. Jacobs and these two employees. The subject of the prior meeting was the subordinate employees' clear failures in monitoring a case file where an infant child tragically died."

In August 2011, Robbins told The HCP, regarding Jacobs' termination, that "the choice was made based on what was going to be best for the agency as a whole." 

According to the suit, "During her meeting with the subordinate employees, Ms. Jacobs made clear to them that the State of Ohio would investigate the agency's handling of this case and may hold the agency accountable for their failures. She subsequently advised Director Robbins that she believed the two employees should be subjected to discipline," according to the suit. "At all times, Ms. Jacobs was acting to ensure the agency's compliance with the applicable laws protecting the welfare of children, consistent with the dictates (in the Ohio Revised Code). Instead of supporting Ms. Jacobs's efforts, Defendants discharged Ms. Jacobs, on the pretextual basis that she purportedly did 'not meet expectations,' after only one month on the job."

The suit alleges the commissioners did not conduct "any meaningful investigation of the unsupported allegations against Ms. Jacobs-passed a motion authorizing Ms. Jacobs's termination, effective immediately."