Cumberland County has agreed to $1.1 million settlement of federal Civil Rights lawsuit filed by the US Department of Justice over improper actions of Solid Waste director Mike Harvel.
The Consent decree was filed Tuesday March 23 in Federal Court.
From the Consent Decree agreed to by Cumberland County and the Department of Justice:
“In settlement of the United States’ claims for relief, Cumberland County agrees to pay a
total of One Million, One Hundred Thousand Dollars ($1,100,000)... through, in part, proceeds
from its insurance coverage, will direct the payment of $1,075,000 in monetary relief to the Relief
Participants in exchange for releases of their claims. Cumberland County will also direct
the payment of $25,000 in attorney’s fees to their attorney, John Nisbet.”
Attorney and former Public Defender John Nisbet III worked with the group of women to file the original EEOC complaint and has continued to work on the women's behalf during the lengthy process leading to the settlement.
In addition, under the Consent Decree and Settlement, the county agrees to:
“a. Not engage in any act or practice that discriminates against any employee on the basis
of sex or retaliates against any employee in violation of Title VII; or
b. To the extent proscribed by Title VII, discriminate against any person because
that person participated in or cooperated with the United States’ investigation of
Cumberland County, participated in the litigation of this case, complained about
or opposed the challenged employment practices, or received or sought relief or
otherwise benefited from the terms of this Decree.
Within thirty (30) days of the date of entry of this Decree, Cumberland County will adopt
the Parties’ agreed-upon revised Sexual Harassment Policy (“Policy”) and the Parties’
agreed-upon revised Complaint Process for Reporting Abusive Conduct, Discrimination,
Harassment, Sexual Harassment, and Workplace Violence (“Procedure”).
Within thirty (30) days of Cumberland County’s adoption of the revised Policy and
Procedure, Cumberland County will implement them by:
a. Distributing the revised Policy and Procedure to all Cumberland County
employees;
b. Documenting that each employee has received the revised Policy and Procedure;
and
c. Posting the revised Policy and Procedure on its website and in its facilities.
Within ninety (90) days of Cumberland County’s adoption of the revised Policy and
Procedure, Cumberland County will provide to all Cumberland County employees the
Parties’ agreed-upon training on the revised Policy and Procedure.
Cumberland County will document that each employee has completed the training.
Thereafter, Cumberland County will provide to each new employee the Parties’ agreed upon
training within fifteen (15) days of hire or, in the case of community service
workers, as soon as practicable but no later than two (2) days after beginning his/her
community service assignment.
This Decree will remain in effect for eighteen (18) months from the date of entry of this
Decree. The United States may move the Court to extend the duration of the Decree and
the Court may extend the term only upon a showing of (1) Cumberland County’s
substantial non-compliance with this Decree during its term, and (2) good cause for
extending the term. Absent an extension, the Decree will expire without further order of
the Court at the conclusion of this eighteen (18)-month period.”
The complaints date back to 2015, and a criminal indictment came in 2018 and yet Mike Harvel remained employed by Cumberland County for over a year after being criminally indicted.
An Equal Employment Opportunity Commission (EEOC) complaint was filed in the matter and investigated. The EEOC turned the information over to the Department of Justice that took over the case and negotiations have been ongoing until the settlement was announced.
INDIVIDUAL MONETARY RELIEF TO RELIEF PARTICIPANTS:
Charging Party 1 $100,000
Charging Party 2 $165,000
Charging Party 3 $190,000
Charging Party 4 $ 90,000
Employee 1 $ 50,000
Employee 2 $ 80,000
Employee 3 $122,500
Employee 4 $ 80,000
Employee 5 $ 80,000
Employee 6 $122,500
Good job County Commission! Think you should pass another resolution congratulating yourself on what a fine job all you Republicans are doing wasting our tax money. Think you might want to pay for some sexual harrassment training now for the good old boys?????/////
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