EAST ST. LOUIS - Former St. Clair County human resources director Frank Bergman claims county board chairman Mark Kern defamed him and improperly terminated his employment.
He sued Kern, emergency management director Herb Simmons, and assistant state’s attorney Bob Jones at U.S. district court on Oct. 28.
His counsel Nicole Matlock of St. Louis claimed Kern falsely published to Simmons and Jones that Bergman had a mental breakdown.
Matlock claimed that after Bergman’s termination Jones and Simmons falsely published to county employees that he had a mental breakdown.
“Defendants published the defamatory statements with malice," she wrote.
Matlock claimed Bergman’s employment began in 2011 and he investigated equal employment opportunity complaints starting in 2015.
She claimed employees reported harassment and discrimination to him in fall of 2022 and he began investigating.
In January 2023, Kern nominated Bergman for reappointment and the board unanimously reappointed him.
Bergman allegedly uncovered many instances of discrimination, harassment and retaliation involving Herb Simmons’s grandson Jordan Simmons.
The alleged incidents also involved county employee Austin Thomas, a friend of Jordan.
Bergman reported the harassment, discrimination, and retaliation to county managers, supervisors, and attorneys.
In February 2023, a defendant allegedly instructed him to cease his investigation.
Bergman is alleged to have met with Kern, administration director Debra Moore, and outside counsel for the county on Feb. 16, 2023.
Kern allegedly stated that Jones recommended firing him.
Bergman allegedly learned that day that they would remove him from the investigation.
On Feb. 21, he informed office manager Lisa Pawlowski and assistant Celene Enriquez that he intended to take medical leave.
Bergman went home and was unable to work until after surgery in May 2023, according to his complaint.
He allegedly had hundreds of hours of sick leave and paid time off and used it in that time.
Bergman planned to return in July 2023 and they terminated him before he returned, the suit claims.
The county, according to the suit, regularly allowed time beyond 12 weeks for employees without specific return dates as a reasonable accommodation.
“Defendant did not allow plaintiff this same accommodation,” Matlock wrote.
She claimed defendants harmed Bergman’s reputation and standing in the community.
She claimed they published false statements to Austin Thomas who published them to other employees including Tony Fritz, Candice Cross, Blake Bumann, and Cameron Foster.
The clerk randomly assigned Chief District Judge Nancy Rosenstengel.