Committee says Circuit Clerk Ken Blevins sexually harassed employees

A three member Sebastian County grievance committee ruled Thursday afternoon that Circuit Clerk Ken Blevins sexually harassed office employees and created a hostile work environment. But the ruling is hollow in that it the grievance committee has no enforcement power against an elected official.

The lack-of-enforcement tone was set early in the lengthy hearing when Little Rock attorney Abe Bogoslavsky, who represented Blevins, said the process “is sad” for all parties because the committee has no power “to discipline this man,” and that Friday morning “all these people have to go back and work together.”

The grievance hearing was called by Sebastian County Judge David Hudson after several complaints were filed against Blevins detailing alleged acts of harassment and retaliation.

Six employees of the Circuit Clerks office filed grievance hearing requests with Hudson in which they summarized several months of behavior from Blevins that included:
• Frequent inappropriate touching;
• Frequent inappropriate comments of a sexual nature;
• Retaliation against employees who complained;
• Moving employees to different jobs without adequate time to train;
• Sharing details of employee counseling sessions with other employees; and,
• Wage discrimination.

David Dunagin, a Fort Smith attorney who represented three of the six women who complained about Blevins’ actions, began the hearing by saying it is clear the employees are “victims of unwelcome behavior” and Blevins’ actions created “a hostile work environment.” Dunagin said at least two of the women are now on medications for depression- and stress-related symptoms as a result of past four months of working with Blevins.

Lena Robertson, who no longer works in the office, testified that Blevins suggested she put on a bikini and wash a county vehicle.

“In my 25 years of employment, I never really experienced that from a supervisor,” she said, adding that it was made clear she would “get in trouble of some kind” if she formally complained about the treatment.

Regina Cox testified to attending a meeting in which Blevins “insinuated that it wouldn’t be good” if another employee formally complained about the office environment.

Bob Dornblaser, former human resources director for Sebastian County, testified before the committee that he repeatedly advised Blevins that “there was a problem” in the office and encouraged him to apologize. Dornblaser said Blevins “was a first-time supervisor” and “not aware” of what he was doing wrong. Because of that, Dornblaser said he offered to help Blevins, but Blevins refused to apologize and refused Dornblaser’s offers to help.

Dornblaser also testified when cross-examined by Bogoslavsky that a few employees in Blevins’ office said there was not a hostile work environment in the office.

Bogoslavsky said the complaints of the women were better suited for a hearing by the federal Equal Employment Opportunity Commission. He also said it was his opinion the complaints “ain’t even close” to what the courts recognize as a hostile work environment. He said the courts look for “severe and pervasive” behavior, and that a few bad jokes and back rubs don’t qualify.

But the members of the grievance committee — Tom Cannava, Lisa Sellers and H.B. Stewart — did not agree with Bogoslavsky.

Cannava was harsh with his comments, telling Blevins if he was his employee he would fire him.

“Unfortunately, you’re an elected official … and I’m paying your wages,” Cannava noted, according to this report from KFSM 5 News.

Cannava also said Blevins should do the “right thing” and resign.

“That’s not going to happen,” Blevins responded.

“I didn’t think so,” was Cannava’s reply.

Dunagin said before the committee ruled that his clients had not yet decided if they would take their allegations to federal court.

Arkansas law does allow the circuit judges of a district to remove an elected circuit clerk.