County officials, employees testify in Biggert termination hearing WATCH THE VIDEO

During the course of nearly eight hours of testimony Thursday, county officials, employees and members of the Highland County Board of Developmental Disabilities described a work atmosphere of intimidation, unprofessionalism and fear of violence under the direction of former Superintendent Chuck Biggert. Attorneys for Biggert deny the allegations and say that he was doing the job that he was hired to do, and that he made enemies by implementing cost-cutting tactics, which led to his wrongful termination.

A day-long hearing before a referee appointed by legal counsel for Biggert and the Highland County Board of DD was held Thursday in the basement of the Highland County Administration Building. The hearing was held at Biggert's request, as he claims that he was wrongfully terminated and not given an opportunity to defend himself against the allegations on which the board made its decision to terminate his contract. 

Biggert's counsel said that the former superintendent had an "exemplary" record, and there was no foundation for his termination. Employees described Biggert as a "dictator" and a "bully" who would often "belittle" and threaten them with termination. One woman said that during an argument, she feared that Biggert would strike her. No incidents of actual violence have been alleged. 

Monica Bohler was the referee for the hearing. On Thursday, the Board of DD, represented by attorney Jim Hughes, presented 10 witnesses, including board president Linda Allen, Highland County Commissioner Tom Horst, Highland County Prosecutor Anneka Collins and other county and board of DD employees. Biggert was represented by attorney Samuel Lillard. 

The Highland County Board of DD voted 5-0 on Oct. 3 to terminate Biggert's contract, citing allegations of intimidation and bullying against employees and county-elected officials and a style of management that “lacked character” and “lacked integrity.” The Oct. 3 meeting followed a Sept. 22 meeting, during which the board voted 6-0 to pass a resolution to terminate Biggert's contract. The Oct. 3 meeting, according to the board and Hughes, had been scheduled for the purpose of a pre-disciplinary conference. Biggert did not attend that hearing, and the board proceeded with his termination. Allen testified Thursday that Biggert said he could not attend the meeting because he had to attend a birthday party. 

The hearing follows a format similar to courtroom proceedings, although attorneys have noted that rules of questioning and admission of evidence is somewhat more relaxed. Each attorney gave an opening statement, and Hughes began calling witnesses and presenting evidence. Lillard was given an opportunity to cross-examine each witness. On Friday, the hearing will continue, with the presentation of the defense's case. Biggart is expected to offer testimony.  

At the conclusion of the hearing Friday, according to Bohler, she will have 10 days to issue her finding of fact and report. At that time, the Board of DD will ultimately decide to accept or not accept the report. If an agreement cannot ultimately be reached, the matter could proceed to the Highland County Court of Common Pleas. 

In opening statements, Lillard said that the approximately 12 charges [non-legal infractions against rules of conduct and the board's code of ethics] alleged by the board against Biggert are "vague" and that the board denied him the opportunity to defend against them at a pre-disciplinary conference. Lillard said that some of the allegations are "character attacks, without any specificity at all." Some allegations, he said, claim Biggert was erratic, profane, inaccessible and that he misrepresented public officials in a public forum. 

No direct testimony given Thursday showed that Biggert had used profanity with employees, though Allen testified some employees have told her that he had.

The contract for employment was ultimately terminated, Hughes said, because Biggert failed to follow the directives given to him by the board. Hughes said that a pre-disciplinary conference had been scheduled, but Biggert chose not to attend. 

Additionally, Thursday's hearing had initially been scheduled for Nov. 17, but Hughes said the defense needed more time to prepare. Lillard said Biggert told the board that he could not attend the Oct. 3 meeting and that they refused to reschedule, and they did not properly inform him of his termination. 

Hughes said that the board spent months attempting to reach an amicable agreement with Biggert. Beginning in June, he said that the board offered to give Biggert full pay and benefits for the remainder of his contract if he would step down. Biggert refused, Hughes said. That same offer was made repeatedly, according to Hughes and testimony from Allen. The same offer was made hours before the board's vote to terminate his contract, Allen said. 

Lillard said that an agreement could not be reached because the board would not pay out vacation days that were owed to Biggert. Hughes said that in the wrongful termination action, Biggert is seeking the exact severance package that was offered by the board, only now he is seeking attorney fees as well.

The board voted in June that they would not renew Biggert's contract, which is up Dec. 30, 2011. During the board's August meeting, they voted to "reassign" Biggert to "work on projects specifically assigned by the board." Allen testified that the board had proceeded to terminate Biggert's contract because he threatened to fire employees after he was reassigned. During the month he was supposed to be working on special projects, Biggert did not complete any of the work he was assigned, Allen said. 

Lillard said Biggert had a "long and distinguished career as a civil servant" and that he stepped in to help the Highland County Board of DD when they faced a "bleak financial situation." In the nearly three years he was with the board, Biggert was able to achieve a five-year state accreditation, secure grants and increase revenue by implementing more than $1 million in cuts. Those cuts included layoffs and a 5-percent cut in pay for most employees. Three board evaluations of Biggert's work performance, Lillard said, indicated that he was competent, met standards and had received praise from Allen for the work he was doing. 

Those cuts Biggert implemented, along with a change in health care plans that led to the severing of services with long-time insurance broker Doug Wagoner, created discord among the employees, Lillard said. 

Allen testified that Biggert felt a group of employees, board members and community members had a "vendetta" against him. He allegedly thought the group was trying to get him removed from his position, specifically board member Sam Snyder, former board employee Sherry Morrison and an additional board member who resigned earlier this year. 

According to testimony, Morrison's employment was ultimately terminated, a board member resigned after Biggert allegedly approached that board member's employer and Snyder was temporarily removed from the board after questions were called regarding his eligibility to serve. Hughes called the issue regarding Snyder a "technicality" regarding paperwork, and he was ultimately re-appointed to the board. 

Chuck Emery, a board member for the Supplementary Assistance to the Handicapped (SATH), which employs Allen, testified that Biggert asked to be on their agenda to discuss what he felt was Allen's improper conduct as president of the board of DD.  

Allen became emotional during her testimony, saying that she had supported Biggert "to the very end" and that she had worked to come to a resolution where Biggert could find employment in the future. 

"(Biggert said) If I didn't do what he wanted me to do ... if I didn't make the right choice ... he would go to my employer," Allen said, removing her glasses and wiping tears from her eyes. "He tried to belittle me. I never thought he would do that to me. Never." 

Highland County Prosecutor Anneka Collins testified that Biggert "misrepresented" her to the county commissioners, board of DD and members of the public during the board's June meeting. Conversations they had on the telephone and through email ultimately led Collins to instruct that all communications with her were to go through the board, which is the entity she actually represents. 

Collins testified that just prior to a June 28 Board of DD meeting, she received a call from Commissioner Tom Horst asking if she had told Biggert that Snyder was eligible to serve on the board because he had not signed an eligibility form in January when he was sworn in. Collins said that she never told Biggert that, and she had not received a communication from him. Later in the day, Biggert told her that he had sent her an email that included an opinion from the Ohio Association of County Boards of Developmental Disabilities. Collins testified that she had never received an email prior to the meeting and that she could not give a legal opinion on an email she never received. The following day, Collins said, Biggert told her the email was in his draft box and had not been sent.  

However, during the board meeting, Biggert indicated that Collins had issued an opinion, and he was "almost certain" he had sent her an email. Biggert and Horst publicly disagreed over the conversations they had with Collins. 

Among the evidence presented Thursday were several articles from The Highland County Press, and witnesses were asked to read excerpts from the articles.

"He is not truthful," Collins said of Biggert. "He would not acknowledge that he was misrepresenting me." 

On cross examination, Lillard asked Collins if she ultimately agreed with Biggert in that Snyder was ineligible. Collins said she determined that Snyder had not signed an eligibility form. However, she rendered a legal opinion that he could be immediately reappointed. Lillard asked her if she had ever supervised Biggert while he performed his duties as superintendent, and she said that she had not. 

Horst testified that Biggert had become "belligerent" with him when they had a discussion regarding Snyder and the prosecutor's legal opinion just before the June 28 meeting. Horst said that Biggert raised his voice and told him to leave his office or he would call the police. Horst testified that he told Biggert that he would not leave and that he had already asked Highland County Sheriff Ron Ward to attend the meeting. 

Lillard asked Horst if he had raised his voice, and Horst said that he might have. 

"You're no wilting flower, are you?" Lillard asked Horst. 

Horst said that he was "independent." 

Horst also gave testimony regarding an incident in which he felt Biggert had threatened the commissioners by leaving a phone message with commission clerk Debbie Sansone. According to Horst, and testimony from Sansone, on Aug. 10, Biggert told Sansone that he wanted the commissioners to make an appointment before the next board of DD meeting. 

Sansone read the message she took of the conversation, which states, "Sam doesn't fit on the board. (Biggert) doesn't want to embarrass anyone with public disclosure of info regarding Snyder and a commissioner."

In response to that message, the Highland County Board of Commissioners wrote a letter to the Highland County Board of DD stating that they found Biggert's conduct to be unprofessional, and they viewed the statements as a "threat" and they "will not tolerate strong-armed tactics." 

Horst testified that he believed the information Biggert felt might be embarrassing was a police report that had been filed against him by a parent of a client who receives services from the board. Horst testified that during a 2010 balloon launch for board clients held on the lawn of the Highland County Courthouse, he witnessed a man with a dog that appeared to be a pit bull. He asked him to put the dog away since there were many children around. The man initially agreed, Horst said, but then became angry and used profanity. Horst said that he took the man by the arm and showed him his auxiliary sheriff's deputy badge. The man left but later filed a report to with the Hillsboro Police Department. No charges were filed. 

During a Board of DD meeting held over the summer, Biggert gave a copy of the police report to a reporter with the Highland County Press.

Also testifying Thursday were board employees Kim Gilbert, Tammy Hidy, Rebecca Pollard, Teresa Smith and Bryan Miller, all of whom testified what it was like working under Biggert's supervision. 

Miller testified that in August 2011, after Biggert witnessed him receiving a cell phone call from Allen, Biggert demanded Miller tell him what she said or else he would be fired. 

Gilbert testified that during a disagreement with Biggert, he became very angry with her, and she was afraid that he might hit her. Hidy said that she witnessed the argument between Biggert and Gilbert, and that she was afraid Biggert was capable of becoming violent. 

"I was not fearful for myself, I was fearful for Kim," Hidy testified. 

Lillard questioned if anyone had witnessed Biggert be violent, and no testimony was given that he had been. 

The hearing will resume Friday at 9:30 a.m.