By MIKE COURSON
Great Bend Post
In November 2023, Barton County terminated the employment of then- Central Kansas Community Corrections (CKCC) Director Amy Boxberger and CKCC Employee Tyler Lehmkuhl. Tuesday morning, the Barton County Commission approved a settlement resulting from a mediation with those employees. County Counselor Patrick Hoffman said an original severance package was denied by Boxberger and Lehmkuhl, who later filed a claim with the county's insurance carrier. The sides came to an agreement during mediation.
"In approving this, the county does not admit any liability or wrongdoing, and in fact, the county does not believe any laws were violated," Hoffman said. "However, in the best interest of preserving the county's time, energy, and resources, it is the recommendation of staff to approve these payments."
Boxberger will receive a total of $113,000 for full release and settlement of the claim. A paycheck of $56,500 will be issued via the regular payroll process for disputed lost wages. Barton County will pay $25,000 of that total with the remainder paid by EMC Insurance Companies. Another $56,500 will be paid to Boxberger as an ordinary check representing alleged but disputed compensatory damages and attorney's fees.
Lehmkuhl will receive a total of $57,000 for full release and settlement of the claim. A paycheck of $28,500 will be issued via the regular payroll process for disputed lost wages. Barton County will pay $10,000 of that total with with the remainder paid by EMC Insurance Companies. Another $28,500 ordinary check will be paid to Lehmkuhl as "other income."
"Since the joining the commission, there have been several tough decisions to make: HVAC, solar energy, and now the Central Kansas Community Correction employment settlement," said Commissioner Donna Zimmerman. "I realize many listening to this agenda will have their own opinions, as I often do when I hear the news. The problem is, there is oftentimes information that the general public isn't or cannnot be made aware of for many reasons; the other side of the story.
"I hate the narrative that settling this suit will create," Zimmerman continued. "There were serious deficiencies. Corrective action was called for by KDOC (Kansas Department of Corrections) in their combined 57-page fiscal year 2023 audit and quality improvement plan. I would have liked to have seen the suit litigated, but our insurance carrier weighed the time and cost of litigation against settlement. That's why we are where we are today. In order to bring closure and in order to move forward in a positive way, as much as it pains me, I will be voting in favor of the settlement."
Commissioner Shawn Hutchinson said the settlement was the best course of action moving forward.
"To sum it up, it's a business decision," he said. "It's something we don't feel like we'd lose, but the cost of attorneys would be greater, and dragging this out over two or three years would be longer than just getting it over with right now."
Commission Chair Barb Esfeld agreed that the settlement was best for Barton County taxpayers. "For me, it's been very painful as well," she said. "I believe we move better in the future and not the past, and I believe this settlement is the least expense to the taxpayers."
Commissioner Tricia Schlessiger echoed sentiments made by the other commissioners, as did Commissioner Duane Reif.
"This has really been a difficult process for each and every one of us," Reif said. "We did not take it lightly. It really did weigh on each and every one of us, but I still feel like it's the best decision."
At a commission meeting earlier this month, new CKCC Director Brooke Haulmark told the commission her budget for fiscal year 2025 was $10,000 less than last year's budget. She proposed a three-step plan to address previous deficiencies reported by KDOC. One of the deficiencies included not meeting minimum actions for sex offender clients.