County Board dismisses damages claim involving alleged ‘workplace conduct’

By Kim McDarison

The Jefferson County Board of Supervisors voted to disallow a claim filed against it by a former employee citing alleged “workplace conduct” as cause for seeking monetary damages. 

The claim was filed with the county in August by former Jefferson County Medical Examiner Investigator Dawn Kiernan, according to information shared Tuesday, Sept. 13, during an open-session meeting of the full county board.  

According to information shared with the board, Kiernan has alleged that she is owed damages “caused by workplace conduct involving Ms. Kiernan and her supervisor.” 

The information was presented within a summary provided in the board packet as part of its Resolution 2022-40. 

During its meeting, the county board voted unanimously in favor of the resolution, disallowing the claim, citing in the resolution summary that: “The Jefferson County Corporation Counsel is recommending disallowance based on the finding that the County has no liability for this claim and is not legally responsible for the alleged damages. This resolution formally denies the claim filed against Jefferson County and directs the Corporation Counsel to give the claimant notice of disallowance. 

“The Finance Committee considered this resolution on September 7, 2022, and recommended forwarding to the County Board for approval.” 

Kiernan resigned from her position with the county in April, at which time she released a text message to area media outlets, citing claims of unresolved issues in the workplace as reason for her resignation. 

Also in April, Kiernan said she received a letter from Jefferson County Human Resources Director Terri Palm-Kostroski, which she shared with Fort Atkinson Online. 

As reported earlier by Fort Atkinson Online, the letter, which is referenced as an “investigation conclusion,” finds that: “Based on the investigation, it has been determined that in order for the Medical Examiner’s Office to operate as expected by the County, training and other remedial action needs to be provided to address concerns.” 

The county, through its letter, sought to schedule a training process. 

After receiving the letter, Kiernan told Fort Atkinson Online in April, she opted to resign. 

An earlier story about her resignation is here: https://fortatkinsononline.com/jefferson-county-deputy-medical-examiner-resigns/. 

According to the resolution approved Sept. 13, Kiernan is seeking from the county damages of $100,000, which includes: “compensation for lost wages and benefits, compensatory damages for emotional distress, costs, and attorney fees.”  The claimant alleges, the resolution notes, that “interactions between her and her supervisor … caused her to resign her employment with Jefferson County.” 

The resolution further states: “damages are alleged to be the result of the negligence of Jefferson County, its agents, officials, officers or employees,” however, it continues, “Jefferson County’s insurance carrier, Wisconsin Municipal Mutual Insurance Company, recommends disallowance of the claim on the basis that the County is not legally responsible for the alleged damages.” 

“Therefore,” the resolution continues, “the Jefferson County Board of Supervisors hereby disallows said claim and directs the Corporation Counsel to give the claimant notice of disallowance. This matter has been referred to Wisconsin Municipal Mutual Insurance Company (WMMIC) and will be resolved in accordance with the terms of the County’s policy.” 

Answering questions through text messaging, Kiernan said she filed the claim through her attorney.

Writing by email Monday on behalf of his client, Madison-based Attorney Aaron Bibb, Hawks Quindel, S.C., stated: “I can provide the following statement on behalf of Ms. Kiernan: I’m limited in what I can say because this is an ongoing legal matter. But I can say that Dawn truly loved her work in the Jefferson County medical examiner’s office. After she reported sexually harassing comments, the County failed to protect her from retaliation, and she was bullied out of her job. In addition to her lost wages, Dawn has suffered extensive emotional distress. She is prepared to pursue litigation if she needs to, but she would much rather reach a compromise with the County. I can’t give specifics on negotiations, but she has offered to settle this matter for far less than the $100,000 figure quoted by the County.” 

The full board meeting packet, including Resolution 2022-40 is here: http://fortatkinsononline.com/wp-content/uploads/2022/10/09-13-2022-County-Board-Agenda-Revised-X2.pdf. 

This story has been updated.