EAST ST. LOUIS - St. Clair County board chairman Mark Kern and emergency management director Herb Simmons moved on Dec. 5 to dismiss a defamation and wrongful termination suit of former human resources director Frank Bergman.
County counsel Garrett Hoerner claimed Bergman alleged only that Kern told Simmons he had a mental breakdown and Simmons told other county employees.
Hoerner claimed Kern and Simmons can’t properly analyze the allegation and assert defenses.
He claimed Bergman didn’t indicate when and where statements or references occurred and that Bergman didn’t identify all employees to whom statements were made.
“There should be some indication of what was allegedly said, when it was allegedly said and the circumstances of the alleged utterance," Hoerner wrote.
“Furthermore there should be some indication as to when and how plaintiff was informed of those statements.”
He moved in the alternative to require a more definite statement.
Bergman’s counsel Nicole Matlock of St. Louis sued Kern, Simmons and the county at U.S. district court in October.
“Defendants published the defamatory statements with malice,” Matlock wrote.
She claimed employees reported harassment and discrimination to Bergman in 2022 and he began investigating.
She claimed Kern nominated Bergman for reappointment in January 2023 and the board unanimously reappointed him.
She claimed Bergman uncovered many instances of discrimination, harassment and retaliation involving Simmons’s grandson Jordan Simmons.
She claimed a defendant instructed him to cease his investigation in February 2023.
She claimed Bergman met with Kern and administration director Debra Moore and learned they would remove him from the investigation.
She claimed he went home and was unable to work until after surgery in May 2023.
She claimed he planned to return in July 2023 and they terminated him before he returned.
She claimed they harmed his reputation and standing in the community.
On the day Hoerner moved to dismiss Kern and Simmons he separately answered allegations against the county.
“Plaintiff never engaged in any statutorily protected activity nor opposed any unlawful discrimination,” Hoerner wrote.
“Plaintiff’s job performance did not meet Defendant’s legitimate expectations.”
He claimed the county acted in good faith and exercised reasonable care to prevent discrimination and retaliation and to address complaints through policies and procedures.
He claimed Bergman failed to utilize and exhaust the policies and procedures.
Chief District Judge Nancy Rosenstengel presides.