Witness list filed in Biggert civil case; evidentiary hearing requested

Highland County elected officials and current and former employees are slated to be called as witnesses in the civil trial between the Highland County Board of Developmental Disabilities and its former superintendent. 

Chuck Biggert filed a lawsuit against the board and Hills and Dales Training Center in Highland County Common Pleas Court in February, asking for a jury trial and that he be awarded more than $25,000 in damages. He also claims that he is “entitled to reinstatement to his position as superintendent for at least one additional year.” Biggert’s employment contract was terminated in a 5-0 vote by the board in October following allegations that he bullied and intimidated employees. Biggert had argued the allegations against him lacked merit and were false. 

On Friday, the board's legal counsel, Columbus attorneys Aaron Glasgow and Mark Landes, filed a supplementary identification of witnesses who they plan on calling to testify during trial, scheduled for Aug. 20. Biggert's counsel, Samuel Lillard, had previously filed a witnesses list. 

Many of the witnesses had previously testified during a two-day termination hearing held Dec. 8-9 in the Highland County Administration building before legal referee Monica Bohlen. Bohlen issued a report later in December that found the board of DD had been justified in terminating Biggert's employment. 

Additionally, Biggert's attorney has also filed a motion requesting an evidentiary hearing in his civil suit against the board before Highland County Common Pleas Court Judge Rocky Coss. However, the board of DD has filed a memorandum stating that there are no grounds to justify an evidentiary hearing. 

According to the defendant's witness list, the following people will be called should the matter proceed to trial:

• Linda Allen, president of the Highland County Board of Developmental Disabilities. 
• Charles Emery, a board member for the Supplementary Assistance to the Handicapped (SATH), which employs Allen.
• Bryan Miller, a former employee of the Highland County Board of Developmental Disabilities. 
• Anneka Collins, Highland County Prosecutor. 
• Teresa Smith, an employee of the Highland County Board of Developmental Disabilities. 
• Debbie Sansone, former clerk of the Highland County Board of Commissioners. 
• Tom Horst, Highland County Commissioner. 
• Kim Gilbert, employee of the Highland County Board of Developmental Disabilities. 
• Tammy Hidy, employee of the Highland County Board of Developmental Disabilities. 
• Rebecca Pollard, employee of the Highland County Board of Developmental Disabilities. 
• Sam Snyder, member of the Highland County Board of Developmental Disabilities. 
• Gary Boatman, former member of the Highland County Board of Developmental Disabilities. 
• Sherry Morrison, former employee of the Highland County Board of Developmental Disabilities. 

The court documented also noted that they intend to cross-examine Biggert, along with any other witness called by the plaintiff. 

In the plaintiff's supplemental disclosure of witnesses, Lillard notes his intention to call Biggert to the stand to, "testify regarding the facts and circumstances surrounding defendant's (the board's) failure to pay him for his accrued vacation time pursuant to the terms of his written employment contract with (the board)." They also stated their intent to call Allen, Pollard and Smith regarding that issue.  

A jury trial is currently scheduled for Aug. 20, with a final pretrial hearing scheduled for July 31, in Highland County Common Pleas Court. 

In separate motions filed on April 27, Lillard requested an evidentiary hearing in the case, saying the court should "allow (Biggert) a full and fair opportunity to respond to the numerous vague allegations made against him in the Notice of Charges in this matter, and the after-the-fact allegations not contained in the Notice of Charges utilized as the basis to terminate his employment. Mr. Biggert should be allowed to elicit evidence on whether the board had a legal quorum when it took action to not review his employment contract and terminate his employment."

The "charges" referred to are not legal charges, rather they are alleged violations presented by the board and its legal counsel regarding Biggert's alleged conduct as superintendent.

In a memorandum, also filed on April 27, the board's counsel wrote that "there are no grounds for an evidentiary hearing. (Biggert) had notice of the charges supporting his termination and was provided a full trial before a neutral referee to rebut those charges. Mr. Biggert was afforded two months to prepare for an administrative hearing. The hearing lasted for two days. (Biggert) was represented by by counsel at the hearing and was afforded every opportunity to present witnesses in his favor, cross-examine witnesses called by the Board, and argue his case to the referee. In short, there is no reasonable claim that the plaintiff was not given every opportunity to contest his termination that due process requires. As such, there is no reason to reopen the record and to permit (Biggert) to introduce new evidence in this matter." 

Coss has not yet filed an entry on the matter, according to the Highland County Clerk of Courts website.