By Amelia Robinson
The Dayton Daily News
BEAVERCREEK TWP, Ohio — A gender discrimination complaint lodged with the Ohio Civil Rights Commission is the latest chapter related to an ongoing “turf battle” between Beavercreek Twp. officials that has cost taxpayers more than $10,000 since 2008.
Numerous complaints of retaliation, unprofessionalism and hostility have been lobbed back and forth between Assistant Fiscal Officer James Barone, Fiscal Officer Christy Ahrens, Human Resources Manager Trish Gustafson, township trustee Carol Graff and others.
The township has asked its insurance company to pay for the defense of Barone’s May 1 complaint with the Ohio Civil Rights Commission.
Complaints include:
* Barone claims he has been discriminated against because of gender stereotyping since Gustafson revealed his sexual orientation to trustees during a Dec. 22, 2008, executive session.
Homosexuals are not protected from discrimination under Ohio law. But gender discrimination is forbidden.
* Last year, the township paid $10,500 to Cincinnati attorney Deborah R. Grayson to investigate claims that Barone and Ahrens, his boss, retaliated against Gustafson after she told trustees that Bar-one is gay and that he allegedly made sexually explicit comments to other staffers.
* In her March 31, 2011, report concerning Gustafson’s complaint, Gray-son, the attorney, cited personality conflicts and misunderstanding of motives between Ahrens and Gustafson as factors in a “turf battle” and disagreements related to leave Gustafson took following the 2009 birth of her second child. “Conflicts have been difficult to resolve partly because there is no effective way to mediate difference,” Grayson wrote. Township Trustee chairman Bob Glaser recalled the episode surrounding Gustafson’s complaint as a “he said-she said thing.” The hope was that a resolution could be reached through an objective investigation.
“That’s why we decided to hire an outside person, and (Trustee) Carol (Graff ) injected herself into the investigation and screwed the whole thing up,” Glaser said. “It was expanded way beyond the original scope.”
According to information in Grayson’s investigative documents that were obtained by the Dayton Daily News:
* Issues were intensified after Gustafson told trustees in December of 2008 that township employees complained about alleged sexually explicit comments and jokes Barone made.
* Gustafson told trustees she was concerned that the situation was a “ticking time bomb” and said she was concerned about potential workplace violence against Barone. Gustafson also said there were multiple complaints, but the documents did not specify who made those complaints.
* Most firefighters were forbidden from going to Barone’s office by then-fire chief Mark Thomas.
* Grayson’s report noted only one comment from Barone that characterized a township firefighter as “good-looking” at a July Fourth party at another employee’s home.
Brandi Klein Martin, a spokeswoman for the state civil rights commission, said investigations can take up to a year but typically are resolved within three to six months.
Township Trustee Graff couldn’t recall written complaints from any township employees.
“I maybe heard of some, but I have not seen any written documentation,” she said.
Additionally, Graff has filed her own complaint with the township against Barone following the trustees’ May 14 meeting saying in a letter that he should be “reprimanded severely for his outrageous behavior toward an elected official,” following an incident on April 20, 2012.
Graff’s complaint followed Barone’s civil rights commission complaint and one he filed with the township against Graff, Zoning Inspector Victoria Long and Zoning Clerk Laurie Brown.
Barone said he was working in Ahrens’ office April 20 when he overheard the women make disparaging remarks against him, Ahrens and Trustee Dan Paxson.
Graff said she was discussing the quality of notes Ahrens’ had taken at a meeting.
Graff and the other trustees voted to reprimand Long and Brown. Barone works directly for Ahrens, while Long and Brown report to the trustees. Graff said Bar-one should face the same treatment.
She said a “hysterical” Barone raised his voice and was out of line when she went into his office that day to discuss what he had heard. Graff said she filed the complaint against Barone because he eavesdropped on a private conversation and didn’t let the issue drop after she talked to him. “He pushed it,” she said. “He escalated it because he filed a complaint and his boss filed a complaint.”
Graff welcomed the investigation, saying no wrongdoing on the township’s part will be found.
“When you get to the point when someone is criticized publicly and allegations are made we have deal with it,” she said. “It has escalated to on a number of issues and we really believe it should be cleaned up,” she said.
Barone said he feels he has been unfairly targeted. He was given a verbal warning in January 2008 after then-fire chief Thomas complained about an “o*and” remark he made the previous November, but denied making any others.
“I just want to be left alone,” he said. “I do a good job. I don’t want to be discriminated against or singled out just because you don’t like my personality.”
He questioned whether Thomas’ complaint was retaliation for him earlier questioning the fire department’s sick leave procedures and if Gustafson’s Oct. 14 compliant was made because he filed prior hostile work environment complaints against her. Gustafson declined to comment, saying only that Barone’s allegations are unfounded.
Ahrens said she doesn’t know what is at the root of the conflict. “I just know it’s been uncomfortable for Jim. He’s been left off of emails. He’s been excluded. I don’t know if it is because he works for me,” she said. “It is very sad that it has gotten to this point.”
Copyright 2012 Dayton Newspapers, Inc.