Former Topeka City Official Claims Discrimination Before Paying $397,500

Former Topeka Human Resources Director Jacque Russell filed a federal complaint alleging discrimination and retaliation months before the city agreed to pay her $397,500 in damages, according to a settlement agreement.

On Oct. 17, Russell signed the document, which requires the city to pay $237,967.39 directly to her and $169,532.61 to Barcher Gockel Law, LC, a law firm located in Independence, Missouri.

The settlement requires Russell to withdraw a federal complaint she filed May 23 with the U.S. Equal Employment Opportunity Commission.

City officials provided a copy of the settlement agreement Friday to The Capital-Journal in response to a request filed under Kansas’ open records law.

The Capital-Journal used the federal Freedom of Information Act on Monday to file a request seeking a copy of the complaint Russell filed with the EEOC. The EEOC confirmed by email that it had received the request, but had not responded to it as of Tuesday.

The city attorney declined a Capital-Journal inquiry about Russell’s lawsuit

Russell was the city’s longest-serving department head when she retired from December 1, 2023, from the position of Human Resources Director, which she held since April 2008.

Topeka City Council voted 8-1 Oct. 15 to pay $397,500 in full and final settlement of claims filed by Russell related to her former employment with city government, according to the agenda for that meeting. The nature of the claims was not publicly discussed that evening.

The Capital-Journal filed a KORA request on Oct. 16, asking the city for a copy of any claims filed by Russell related to the settlement.

City Attorney Amanda Stanley’s office denied the request on Oct. 21, saying any such documents are personnel records, privileged under the rules of evidence, and records for which release would constitute an invasion of privacy.

KORA gives municipal authorities the right to keep most personnel information confidential.

Supporter of transparency: “The public has a right to know”

Kansas law requires that Russell’s settlement be made available to the public, said Max Kautch, a Lawrence attorney, transparency advocate and former president of the Kansas Coalition for Open Government.

“While the settlement agreement provides some clues as to why the city had to pay such a large sum to a former employee, the public will remain in the dark about the details unless the city takes its transparency obligations seriously,” Kautch said. “The public has a right to know what events led to the settlement, and city officials have an obligation to explain why they should be entrusted with the effective hiring and management of employees.”

What else is written in the agreement?

The settlement requires Russell to acknowledge that the city does not owe her any compensation in the case.

It says the agreement is not an admission of any liability, misconduct or wrongdoing by the city.

The agreement outlines 20 different types of claims that she said Russell may not pursue.

Among them are allegations that the city violated age, gender and race discrimination laws. Russell is a black woman. Her age was not available.

The types of claims for which Russell is barred from settling include any brought for reasons that include “retaliation or wrongful termination for whistleblowing, retaliation, retaliation or other similar law.”

Is Jacques Russell now allowed to comment publicly?

The settlement agreement prohibits Russell from publicly commenting on the settlement in any form, including in the press or on social media.

“In response to any inquiry regarding the terms and/or outcome of the charges against the Defendant and/or any dispute between Russell and the Defendant, Russell can only respond that the matter ‘has been settled and I cannot speak about it’ or words from on this matter, and she cannot provide any indication as to whether she is satisfied or displeased with the resolution,” it said.

The lawsuit comes as the city of Topeka has seen a flurry of documents

Russell’s deal was approved at a time when Topeka city officials were looking into other allegations of discrimination.

Topeka Police Women Administrators Capt. Colleen Stewart and Maj. Jana Kizzar last month won a gender discrimination lawsuit against the city and received a total of nearly $489,000.

Russell was one of the witnesses who testified on behalf of Stewart and Kizzar in a trial in which a jury found that the city discriminated against them on the basis of gender when it passed them over for promotions in December 2021 over a less qualified male candidate and had trust issues they didn’t have.

Topeka’s third female police administrator, Capt. Jennifer Cross, is pursuing a lawsuit against the city alleging retaliation and a hostile work environment.

Meanwhile, two retired Topeka fire captains, Barbara Heck and Brentlin Dorsey, filing separate city discrimination lawsuits. Huck is female and Dorsey is Black.

City last year agreed to pay $200,000 to settle claims of racial discrimination and retaliation brought by Topeka Fire Department Battalion Chief Ron Rutherford, who is black.

Contact Tim Threnchir at [email protected] or 785-213-5934.

This article originally appeared on the Topeka Capital-Journal: Former Topeka official claims discrimination before getting $397,500