A former Ward County employee whose job was terminated by the Ward County Commission Tuesday said she has hired legal counsel to pursue action for wrongful firing and violation of whistleblower protection.

The county commission fired both Ward County’s facilities manager, Leona Lochthowe, and her assistant, Sarah Tyler, who is considering legal action. The commission dismissed the two immediately, having determined that neither of the employees is willing to work to resolve the conflict between them.

“The commissioners just proved why employees don’t come forward with complaints sooner. Because if you do, you will lose your job,” Tyler said. “They did exactly what people are afraid of them doing, which is why people don’t come forward.”

Tyler had filed a hostile work environment complaint at the end of July against Lochthowe, which went before the commission’s personnel committee without resolution.

Among concerns, the complaint claimed a demeaning and unprofessional communication style; bias based on religion, race or sexual orientation; and creating a hostile work environment for staff. For example, yelling at staff, sometimes in front of other staff or vendors, criticizing staff’s work and tripping them up in their work to yell at them.

Tyler, who joined the department in August 2019, said she filed a complaint with the HR office in the spring of 2020 and had previously attempted to address concerns with Lochthowe. Her recent formal complaint documented concerns since the previous complaint.

In her response to the complaint, Lochthowe stated her actions may have been misinterpreted or exaggerated by Tyler. She stated Tyler focuses too much on negativity.

As specific examples, Tyler’s complaint spoke of a “rude and aggressive” criticism of her unavoidably leaving ice after snow removal with the bobcat. Lochthowe responded Tyler had the blade improperly angled and she needed to let her know loudly to be heard over the machine. During confusion about work orders, Tyler reported Lochthowe yelled at the staff about not using the right product, even though the right product had been used. Lochthowe denied yelling and said she knew the appropriate product had been used but was just reminding Tyler of the need to use the right product. On another occasion, Tyler said, Lochthowe failed to inform an employee that a fire panel wasn’t working until she and the employee had committed time to the problem. Lochthowe responded she had informed the employee in advance.

The commission opted against requiring additional training for Lochthowe and Tyler related to work relations because both already have taken leadership courses and didn’t appear willing to get involved in another program.

Commissioner Shelly Weppler said she was taken aback by the disconnect between the employee’s dissatisfaction and the supervisor’s lack of knowledge of that dissatisfaction.

“You can’t fix what you don’t know,” Weppler said.

“The department head should have been more aware of the situation through communication and research,” Commissioner John Pietsch said. “At the personnel meeting, the department head was asked for input and, rather than come up with solutions to resolve the complaint, went tit for tat as to who was worse. And that’s not professional. Regarding the individual filing the complaint, she more or less said she wouldn’t work for that individual. Well, in the workplace, you don’t necessarily get to decide who you’re going to work for.

“The county can’t have an environment that not only is toxic for the two battling individuals but also affects the working relationship between the rest of the department,” he added.

“Even though these employees might be dedicated county employees, the ability not to work together with each other just can’t remain. It’s not fair for the rest of the people in the department,” said Commission Chairman John Fjeldahl. “They can’t communicate with each other, so I don’t know that replacing one or the other is going to fix that problem with whoever replaces them. Sorry to say, I really believe both of these have to be let go for the better of the county and the rest of the people that work here.”

Tyler’s complaint was the third filed by a facilities department employee against Lochthowe in the past few years.

John Roll, a 17-year veteran of the facilities department, filed a grievance in April 2018 to protest his termination by Lochthowe. He had filed a grievance the previous January over a negative performance evaluation from Lochthowe in 2017. He had filed workplace harassment complaints with the North Dakota Labor Department and federal Equal Employment Opportunity Commission.

Mark McLain, a 40-year county employee, also filed a grievance for hostile work environment against Lochthowe, which eventually resolved when he elected to retire rather than continue the complaint.

Fjeldahl said Wednesday that a meeting was held with the 13 staff members in the facilities department to ensure operational duties are maintained until a new department head is hired.