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.
Courthouse photo by Jim Young
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
