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harassment were revealed, and the Board has not heard any elements of constructive <br />discharge. Attorney Collins explained that a constructive discharge occurs when working <br />conditions are made so intolerable, a reasonable person in the employee's position would <br />resign. <br />Commissioner Flescher had strong concerns about the allegations of harassment <br />that caused the Executive Aide to invoke the contract because there were unanswered <br />questions, and without knowing what has gone wrong, the Board would never know how to <br />make it right. Commissioner Flescher emphasized that the County Commission has an <br />obligation to all other employees to ensure that the alleged problem is identified. <br />MOTION WAS MADE by Commissioner Flescher to deny <br />the request today, and to request that the monies that have <br />been placed in escrow in the attorney's office be brought <br />forward into an account to be held in escrow while any civil <br />action is instituted to identify the problem. MOTION <br />DIED for lack of a second. <br />Commissioner Davis stated that he is ready to move on, and was unwilling to spend <br />any more money than what the contract stipulates. His concern was how the contract <br />escalated with deferred compensation, and believes that this has cost the taxpayers a lot of <br />money. <br />Chairman Wheeler asked if the Board would have to pay Ms. Massung's legal fees <br />if the contract is denied and she wins a suit against the Board. Attorney Collins responded <br />that generally, in civil matters, each side bears their own attorney's fees absent some <br />Statute that shifts the attorney fee to the prevailing party. <br />March 13, 2007 34 <br />