Court tosses ex-McHenry Co. worker's lawsuit

A federal judge Tuesday dismissed all 17 counts of a lawsuit filed against McHenry County and several of its officials by former planning director SuzAnne Ehardt, who claimed she was fired unlawfully in 2008.

The ruling, handed down by U.S. District Court Judge Philip G. Reinhard, says Ehardt lacks standing to sue the county over her dismissal, and that county officials were within their rights to terminate her employment over allegations she was rude to members of the public.

"In essence, the court is saying she shouldn't have filed this lawsuit, she shouldn't have filed these charges, there's nothing here," McHenry County State's Attorney Louis Bianchi said. "We're really pleased with the decision."

Ehardt attorney Mark Gummerson said he is disappointed with the ruling and will consider refiling the claims or appealing.

"It's very disconcerting the court believes the county is not required to follow it's own (employee) handbook and ordinance," he said.

County Administrator Peter Austin, with the backing of several county board members, fired Ehardt in June 2008, ending her 29-year tenure as a county employee, including a decade as its planning director.

The official reason for her dismissal, according to court documents, was "unprofessional and discourteous conduct" toward volunteers on the Regional Planning Commission that drafted the county's long-range land use plan.

Ehardt denied those claims and sued, alleging county officials fired her without cause and without following proper procedures. She was seeking reinstatement to her $100,000-a-year post and at least $50,000 in damages.

In a four-page ruling issued Tuesday, however, Reinhardt rejects Ehardt's claims the county did not have the right to fire her at will. He notes that the county employee handbook states that both the county and its employees have the right to terminate employment at any time for any reason.

"It is hard to imagine a more clear notice to an employee that she is an at-will employee," the judge writes.

The judge made no comment on whether Ehardt's firing was justified, just that the county was within its rights to do it.

Reinhardt did give Ehardt an opportunity to refile two of the suit's 17 counts, including one contending that "disparaging" remarks made about her by county officials have made it difficult to find another job.