County Board Settles Lawsuit
•December 20, 2017•
The Moultrie County Board agreed to settle a pending lawsuit during the Dec. 14 meeting .
Former circuit clerk employee Paula J. Neathery filed the suit in U.S. District Court in June 2017 naming Cynthia J. Braden, Moultrie County Circuit Clerk as defendant.
In documents released by State’s Attorney Jeremy Richey, Neathery, represented by Nina R. Gougis, filed the suit and requested a jury trial to determine whether her January 6, 2016 termination was legal.
Neathery was an office deputy with health issues that prompted 12 weeks Family Medical Leave. According to the Moultrie County Employee Handbook Neathery needed a fitness for duty certification before returning to work. She requested an additional 12 work weeks unpaid leave which was denied.
The county board reached a confidential settlement agreement and as a member of the Illinois Counties Risk Management Trust the insurance covers the circuit clerk.
The plaintiff (Neathery) agreed to dismiss the suit in exchange for $4000. The defendants (Moultrie County and circuit clerk) entertained settlement negotiations only to avoid cost, expense, uncertainty and time associated with further litigation, according to the agreement.
Following an executive session at the Dec. 14 meeting county board members unanimously agreed to the settlement.