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Wednesday, September 22, 2004

Judge favored mistress, clerk claims


4th complaint filed against Warren Co.'s Powers

By Janice Morse
Enquirer staff writer

[photo]
Judge Dallas Powers
LEBANON - In a fourth sexual-misconduct complaint against Judge Dallas Powers, a Warren County Court employee threatens to sue the county and claims the judge allowed his mistress to break office rules while he was "discriminating against the other women in the office who did not provide him with sexual favors."

County officials already have sent three sexual-harassment complaints against Powers to a trio of investigators: a special prosecutor, the Ohio Supreme Court's attorney discipline office and the Ohio Attorney General's Office.

Powers has remained off-duty as the investigations proceed. He and his lawyer have declined to comment publicly.

The latest complaint, sent to county commissioners Tuesday, accuses Powers of discriminating against Terry L. Smith, head county court clerk, ever since he ordered her to hire Libbie Gerondale as a deputy clerk in December 2001. Powers "retaliated against (Terry Smith) every time she raised any issue about his preferential treatment of Ms. Gerondale at the expense of the other employees in the office."

The letter came from Terry Smith's lawyer, Sheila M. Smith (no relation), who also represents Rebecca Collins, the woman who filed a sexual-harassment suit against Hamilton County Prosecutor Mike Allen last month.

Lawyer Smith said Terry Smith, 49, has been on a stress-related leave from work since July.

The lawyer said Terry Smith also has applied for a medical retirement because of the situation. "Ms. Smith's career has been ended early due to Judge Powers' conduct, and she is seeking some type of compensation for her lost career and lower pension," Attorney Smith's letter says.

The letter does not specify how much money Terry Smith would consider accepting. "We have not formulated any sort of demand," her lawyer said. "We intend to be reasonable, but we are talking about ending a career here."

Smith said a federal discrimination complaint and lawsuit are planned unless she hears from the county and/or Judge Powers by Sept. 30.

Assistant Prosecutor Bruce McGary said he referred the matter to the county's insurance company for possible negotiation.

Attorney Smith says in her letter that it has been common knowledge that Gerondale, 34, was having a sexual relationship with the married, 70-year-old judge. That relationship led to two sexual-harassment complaints, attorney Smith said, which were filed against Powers in the past three weeks. Another employee claims Powers coerced her into sexual contact and fondled her.

Gerondale's lawyer, Bill Kaufman, wouldn't say whether Gerondale had been having an extramarital affair with Powers. "I knew ultimately that someone was going to ask that question. ... It's a fair conclusion to be drawn," he said Tuesday. "But I'm not in a position, actually, to make a comment on it."

Terry Smith "believed from the very beginning that there was something unusual about Judge Powers' relationship with Ms. Gerondale," attorney Smith's letter says.

Terry Smith said she couldn't attend Gerondale's job interview with Powers, and that afterward, Powers ordered her to hire Gerondale, saying, "That's what you get for leaving me alone with a pretty woman," the letter says.

Terry Smith counseled Gerondale about wearing short, tight skirts and low-cut blouses to work. She also raised concerns about the amount of overtime Gerondale was accumulating and whether she was following rules about clocking in and clocking out.

Powers responded by assigning Gerondale to another supervisor.

Gerondale's lawyer said the change may have happened because the women's personalities clashed. "There has been friction between these two women since Libbie was hired," Kaufman said.

As Terry Smith continued complaining about Gerondale being treated differently, "Powers started taking away Ms. Smith's duties, including some of her statutory duties as Clerk of Court," Smith's letter said. This spring, Powers "effectively demoted Ms. Smith ... while at the same time promoting Ms. Gerondale to a Probation Officer," Smith's letter says.

In eight months this year, Gerondale was paid for more than 400 hours of overtime. Also, Powers set a low bond for one of Gerondale's relatives who was arrested on drug charges and a probation violation. Both situations have been referred to investigators, officials have said.

The mounting allegations are troubling, said County Commissioner Pat South. "We, as well as the residents of Warren County, look forward to a resolution."

E-mail jmorse@enquirer.com




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