By Janice Morse
Enquirer staff writer
LEBANON - Warren County commissioners used to think Warren County Court ran smoothly and was relatively problem-free.
Now they are wondering what was really happening under the leadership of Presiding Warren County Court Judge Dallas Powers, after two employees alleged sexual harassment and others raised concerns about overtime spending.
"I'm highly troubled by these accusations," Commissioner Mike Kilburn said Friday. "Court is a place of serious business and the folks that handle the business in the court should be totally serious about their jobs and beyond reproach."
Powers, who turns 70 today and is married, has not returned repeated phone calls since a special prosecutor was appointed last week to investigate a sexual-harassment allegation. The investigation could take up to two months.
An employee lodged a sexual-harassment complaint Aug. 30 against Powers after she walked into a room in the courthouse and said she saw Powers and a female court employee engaged in what she thought was oral sex, authorities said. That woman has not filed a complaint and has declined to discuss the allegations.
Also this week, according to an interoffice memo that Judge James J. Heath wrote to County Commissioner Pat South:
A second woman accused Powers of making unwanted sexual advances, fondling her and coercing her into sexual contact in his court chambers.
The second employee also alleges that Powers told her "that the commissioners wanted her fired but he would protect her job," South said.Officials didn't specify a time frame for the alleged misconduct.
The second employee spent 31/2 hours talking to investigators Thursday night and requested an indefinite leave of absence from her job. Her lawyer, Frank Schiavone, did not return a telephone call seeking comment.
Adams County Prosecutor David Kelley, the prosecutor investigating the sexual harassment accusations, also is working to determine if a probation officer who works with Powers received preferential treatment in two instances:
Records show that probation officer was paid for more than 400 hours of overtime - more than quadruple the total amassed collectively by her three colleagues - from January through August. So far, her overtime has amounted to $9,329 -and boosted her earnings 42 percent, based on county payroll records.
When a relative of the probation officer was arrested on charges of making methamphetamine at his home two months ago, Powers set a low bond that allowed the probation officer to get her relative out of jail. "No employee in probation should ever have any dealings with a family member," South said.
Neither Powers nor the probation officer have been charged with any crime.
Because of the overtime concerns, Judge Heath has taken over Powers' administrative duties. Heath "also will be ordering a halt to all employee overtime immediately, unless authorized by him in advance," South said.
Heath declined to talk to reporters Friday, but South said Heath was going to ask the Ohio Supreme Court to intervene in some way.
Heath filled in for Powers this week and likely would do so until Powers returns to work, South said. It was unclear why Powers was not working this week.
The controversy has been stressful for the court's 13-member staff and the three probation employees, said Sherry Urton, the court's chief deputy clerk.
"Every day has been more shocking than the day before," she said Friday. "But we have had such great support from Judge Heath, and it's good to know we have the backing of the Warren County commissioners."
Officials reminded court clerks that the commissioners have the right to approve all vacation and sick time, as well as hiring and firing decisions.
"This was done to alleviate (the employees') fears of retaliation should Judge Powers return to work during the investigation," South said.
Meanwhile, South said, she's not sure what to think of it all: "The rumor mill's been running rampant. And I think it's premature for us to be judging anyone until the investigation is over and the report is out."
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E-mail jmorse@enquirer.com
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