By Mark Hansel
NKyTribune managing editor
Former Boone County public works director Greg Sketch, who was forced into retirement four years ago for giving away turkeys, will get a pound of flesh from his former employer.
Former Boone County Public Works Director Greg Sketch will receive $150,000 after a settlement agreement was reached regarding his retirement as a result of the 2013 “scrap metal for turkeys” scandal (file photo)
The Boone County Fiscal Court voted unanimously Tuesday to approve a $150,000 settlement agreement that will finally put to rest what has become known as the “scrap metal for turkeys scandal” of 2013.
Prior to Tuesday’s meeting, Boone County Judge/Executive Gary Moore issued a statement explaining the county’s position.
“At the August 22nd meeting, the Boone County Fiscal Court will consider settling pending litigation. In this matter, the County prevailed at the U.S. District Court level via summary judgment; however, the plaintiff appealed the district court decision. While we believe the district court’s judgement was correct, an adverse opinion by the U.S. Court of Appeals would expose the County to additional costs. This settlement represents a business decision by the Fiscal Court, avoiding the potential for significant attorney fees and the cost of continuing to litigate this case. This settlement agreement demonstrates a good faith commitment to resolve the matter, removing future uncertainty at the appeals court level and unnecessary risk and exposure to the County and its taxpayers.”
Boone County Commissioner Cathy Flaig grudgingly voted with the majority.
“I don’t like it, but I understand the reason,” Flaig said.
Boone County will pay $50,000 and the Kentucky Association of Counties (KACo) insurance will pay the remaining amount.
Sketch was the target of an investigation by the Boone County Sheriff’s office for arranging to sell scrap metal collected by the county and using the proceeds to buy holiday turkeys for underprivileged families.
While a grand jury later declined to indict him, Sketch retired on July 31, 2013, prior to a hearing on administrative charges related to the allegations.
Moore
The investigative report from the Boone County Sheriff’s office indicates a Public Works crew leader, David Becker, approached Sketch about selling scrap metal to buy turkeys in 2006 or 2007. The earliest of 110 transactions for which a record was located was March 2008 and the last was February 2013.
In addition to Sketch’s retirement, Becker and another Public Works employee were forced to resign for their roles in the program.
The County’s position was that the good intentions of those selling the scrap metal did not excuse their actions. The proper procedure they say, would have been to report all of the money to the Finance Department and let the Fiscal Court decide how to distribute it.
The issue deeply divided the Northern Kentucky community. Some saw the public works employees as Good Samaritans that were being punished for helping those in need, while others felt they should have been prosecuted.
Sketch’s attorneys filed suit in Boone Circuit Court on June 10, 2014 alleging reckless disregard of Sketch’s civil and constitutional rights. The case was later transferred to U.S. District Court, Eastern District of Kentucky.
The suit named Boone County and Moore, individually and in his official capacity as county judge-executive.
While Sketch retired of his own accord, the lawsuit states that decision was made only after county officials indicated his dismissal was a foregone conclusion.
A summary jury trial, sometimes referred to as a mock trial, was ordered in early 2016, in an attempt to resolve the case. The trial allows both sides present their cases to a jury, but it is not binding and the proceedings are not made public.
The mock trial jury could not reach an agreement and the County issued a request for summary judgement. Federal Court Judge David Bunning ultimately ruled in favor of the County on all counts.
It appeared as if the Sixth Circuit panel accepted (Sketch’s) argument that (the) program benefiting Boone County families through the sale of discarded scrap metal was not a secret and that neither Mr. Sketch nor any of his staff benefited personally from the scrap sales,” attorney Suzanne Cassidy.
Through his attorneys, Sketch challenged that decision in the U.S. Sixth Circuit Court of Appeals.
Tuesday, Boone County Attorney Robert Neace explained that part of the process to resolve issues such as this is to attempt mediation at each step along the way.
“Following the decision of Judge Bunning, the Sixth Circuit Court of Appeals…strongly suggested the parties try to mediate the matter, which we did and we were not successful,” Neace said. “We argued the case in front of the Sixth Circuit Panel, which is a three-judge panel. We received word from the Sixth Circuit that suggested that they were interested in us mediating the matter yet again.”
Such a request is not unique, but Neace said it is very rare and something he has not ever been involved with.
“We did participate in that mediation and all parties left mediation with the recommendation to this court, that it consider a settlement,” Neace said. “Although the County has prevailed up till now, there is certainly no guarantee that the Court of Appeals will decide for us. From an economic point of view, I think the court needs to look at this to make a determination if this makes good business sense for us.”
If Sketch were to prevail on appeal the case would be remanded back to the Federal Court. If that court ruled in Sketch’s favor, even for a nominal sum, the County would be obligated to pay his attorneys fees, which are significantly greater than its $50,000 portion of the settlement.
The Fiscal Court agreed that the settlement agreement made good economic sense and Moore emphasized that the decision is not an admission of guilt or wrongdoing in any way.
While Moore has repeatedly claimed that no County employees outside of those in the Public Works Department knew about the scrap for turkeys scam, Sketch and others say the program was common knowledge.
In a statement, Sketch’s attorney, Suzanne Cassidy, indicated the evidence presented to the Sixth Circuit supported that claim.
“Greg Sketch is happy that his dispute with Boone County is resolved to both sides’ satisfaction. While it took the parties a long time to reach this point, the oral argument on Mr. Sketch’s appeal went very well from his perspective, and he was hopeful that he would receive a favorable ruling. It appeared as if the Sixth Circuit panel accepted his argument that (the) program benefiting Boone County families through the sale of discarded scrap metal was not a secret and that neither Mr. Sketch nor any of his staff benefited personally from the scrap sales. However, he recognized that there was still a risk of an adverse legal ruling, so with the assistance of a mediator, was able to reach an acceptable resolution with Boone County.”
If there was evidence presented showing that employees questioned by the Boone County Sheriff’s office misled investigators about their knowledge, or the familiarity of other employees with the program, they potentially could have faced charges.
All of the parties involved agreed to abide by the settlement agreement if it was approved by the Fiscal Court, so 10 years after the first turkeys were purchased, the issue appears to finally be resolved.
Contact Mark Hansel at mark.hansel@nkytrib.com
