Traverse City Record-Eagle

Region

March 27, 2012

Hostility complaint complicates decision

TRAVERSE CITY — A personnel complaint filed against the county drain commissioner added another layer to a looming decision regarding his duties.

Grand Traverse County commissioners will decide Wednesday whether to shift soil erosion control duties from Drain Commissioner Kevin McElyea to the county construction code office. A divided board voted March 14 to make the change, but a final vote is scheduled this week.

Some commissioners questioned if the board should have been informed of an employee's hostile work environment complaint filed in February against McElyea. Board Chairman Larry Inman said the issue was handled according to county protocol and the debate on McElyea's job duties should be a "philosophical question" not a "personality question."

"The county commission has a standing resolution that says the county administrator is the sole person that handles personnel issues within the county," he said. "These are two separate things going on at the same time."

Inman said he's not sure exactly when he learned about the complaint against McElyea. Inman told the interim county administrator to proceed with the county's "normal course" regarding personnel matters and advise the board if the dispute creates legal problems for the county.

Commissioner Rob Hentschel learned of the personnel issue from a constituent. He draws a distinction between who handles the situation and who is told about it.

"(Inman) says this isn't relevant which poses the question, 'Who decides what's relevant?'" Hentschel said. "He's talking about who handles the problem ...; to not inform us is a totally different issue."

An outside law firm completed the complaint investigation, said Jen Seman, the county's human resources director. She declined to release the findings citing attorney-client privilege.

McElyea said the issue "has been handled very well" and is "moving forward in a positive way." He called it an "eye-opening experience" and said he wants "to find better ways" of working with the public and his employees.

Hentschel said it's "hard to say" if the situation will impact the board's vote on the enforcement issue. McElyea said he sees "no correlation" between the personnel issue and the decision facing the county board.

"There is no correlation," he said. "I still firmly believe that the two offices should remain together due to the intertwining of the soil erosion duties and the elected duties of the drain commissioner."

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