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Erby Petition
Erby Petition
LOUIS COUNTY
STATE OF MISSOURI
Hazel Erby,
Plaintiff,
Defendant.
PETITION
§105.055 (2020).
2. Plaintiff was a 15-year member of the St. Louis County Council and the first black female
councilmember.
3. Plaintiff was defendant’s Director of the Office of Diversity, Equity, and Inclusion.
8. The violations of law described here occurred in St. Louis County, Missouri, and the plaintiff
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Allegations
10. Since the County adopted a new County Charter in 1951, the County Council has filled every
mid-term vacancy in the County Executive seat by appointing as interim the senior
11. Since 1951, there have been nine County Executives and three mid-term vacancies.
12. In all but the most recent Executive vacancy, the Council followed its practice of filling the
position with the senior Councilmember of the same party as the former Executive.
13. In 1989, George H.W. Bush appointed the Republican County Executive, Gene McNary, as
14. To fill McNary’s empty seat, the County Council selected councilperson H.C. Milford to
15. Milford was the senior Republican councilperson when selected for the interim role.
16. In 2003, the Democratic County Executive, Buzz Westfall, died in office.
17. To fill Westfall’s empty seat, the County Council selected councilperson Charlie Dooley to
18. Dooley was the senior Democratic councilperson when selected for the interim role.
19. In 2019, the Democratic County Executive, Steve Stenger, resigned after federal indictment.
20. At the time of Stenger’s resignation, plaintiff was the senior Democratic councilperson on the
County Council.
21. The County Council did not select plaintiff to serve as Interim County Executive, instead
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22. Upon information and belief, Page actively campaigned for the interim role, meeting with
Stenger’s resignation.
23. Sam Page became the County’s Interim County Executive after an emergency meeting and
24. Plaintiff opposed the rushed meeting, believing instead that the Council should have given
25. Page and the Council did not allow the public to comment during the emergency meeting.
26. Believing the public should have a say in who the Council selected for County Executive,
27. During the emergency session, plaintiff asked Page why the Council was not allowing public
comment.
29. Plaintiff voted against Page for Interim County Executive, the only councilperson to do so.
30. While on the County Council, plaintiff championed the County’s first minority contracting
32. Generally, the M/WBE requires bidders on County projects to employ equitable numbers of
33. Before the County enacted the M/WBE, it commissioned the St. Louis County Disparity
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34. The Disparity Study found statistically significant differences in the County’s award of
35. Minority-owned contractors referred to businesses owned by members that are Asian, Black,
36. Based on the Disparity Study, and in an attempt to “alleviate documented disparity and
ensure that all businesses are afforded the maximum opportunity for participation in the
37. “[T]he construction subcontract goal shall be twenty-four (24) percent for minority-owned
business enterprises and nine and one-half (9.5) percent for women-owned business
enterprises available for construction, and sixteen (16) percent for minority owned business
enterprises and fifteen (15) percent for women owned business enterprises for architecture
and engineering projects or as determined by the most recent St. Louis County Disparity
38. The M/WBE requires bidders for County projects to demonstrate compliance with the goals
set out in §107.071.3(c) of the M/WBE or provide evidence of a good-faith effort to meet the
39. If a bidder does not meet the M/WBE requirements or provide evidence of a good-faith effort
to meet those requirements, the law deems the bidder ineligible for work. ST. LOUIS COUNTY,
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40. The M/WBE required an update to the Disparity Study for construction and professional
services subcontracts by January 31, 2019 and yearly updates each year thereafter. ST. LOUIS
41. After he became Interim County Executive, Page hired plaintiff as the Director of St. Louis
42. By hiring plaintiff, Page removed her from the County Council.
43. Initially reluctant to take the job, plaintiff accepted because she believed she could better
serve St. Louis County and would be better able to ensure compliance with the M/WBE in
the role.
44. When offering plaintiff the job, Page assured her that she would not take the place of the
Diversity and Contract Compliance would report to plaintiff and the Office of Diversity,
45. When plaintiff took the job, the County’s Office of Diversity, Equity, and Inclusion served
two main roles: (1) receiving and trying to resolve complaints of discrimination from both
46. The County violated the M/WBE throughout plaintiff’s tenure as Director of the Office of
47. The County accepted bids from contractors who did not comply with the M/WBE’s
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48. The County allowed contractors who, in their bids claimed to comply with the M/WBE,
49. The County did not commission updated disparity studies as the M/WBE requires.
51. While Director, plaintiff complained about and disclosed her office’s lack of funding.
52. While Director, plaintiff complained about and disclosed the County’s violations of the
53. While Director, plaintiff complained about and disclosed the County’s violations of the
M/WBE, §107.071.3(c), relating to the required yearly update to the Disparity Study.
54. Beginning in early April 2020, and in response to the COVID-19 pandemic sweeping the
nation, St. Louis and St. Charles Counties worked together to build a morgue to house the
55. The County named the new morgue the Dignified Transfer Center.
57. Of the total, St. Louis County was responsible for more than $1.13 million.
58. In building the morgue, the County violated both the letter and the spirit of the M/WBE.
59. This paragraph and its subparts are pleaded upon information and belief:
A. The County awarded work on the Dignified Transfer Center to twelve contractors. Of
B. The County awarded much, though not all, of the work on the Dignified Transfer Center
to “on-call” contractors that it did not require, or even ask, to adhere to the M/WBE’s
mandates.
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C. The County awarded at least two contracts to new contractors that were not on the “on-
call” list.
E. The County did not require the new contractors to comply with the M/WBE’s
F. Less than $1,000 of the $1.13 million the County spent on the Dignified Transfer Center
60. At the time the County built the morgue, the typical process required it to inform plaintiff
and her office of new construction projects in order to ensure compliance with the M/WBE.
61. The County did not inform plaintiff or her office of the construction of the temporary morgue
until after the County awarded the contracts and the project was nearly complete.
62. The County did not inform plaintiff or her office of the construction of the temporary morgue
63. Plaintiff only learned about the temporary morgue from local media.
64. Upon learning of the project, and how the County side-stepped her office and the M/WBE,
65. Plaintiff spoke with Page and complained multiple times about the temporary morgue project
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The County removes plaintiff from her
role in M/WBE compliance and fires her
66. After the final conversation between Page and plaintiff about the temporary morgue, Page
told plaintiff that she and her office would no longer be involved in the contracting process at
67. When Page told plaintiff that she would not work to enforce the M/WBE, plaintiff asked
Page how the County would enforce the M/WBE. Page responded that he was not going to
68. Page also told plaintiff that he did not want to keep supporting the M/WBE, that the
70. After her termination, plaintiff filed a Charge of Discrimination with the Equal Employment
Opportunity Commission and the Missouri Commission on Human Rights alleging race
71. Plaintiff disclosed information which she reasonably believed evidenced a violation of law.
72. Plaintiff disclosed information which she reasonably believed evidenced mismanagement,
73. As a result of plaintiff’s disclosures, defendant disciplined her by removing job duties,
75. As a result of defendant’s unlawful actions, plaintiff lost wages and other benefits of
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Plaintiff therefore asks the Court to enter Judgment in her favor and award her actual damages,
equitable relief, attorneys’ fees and costs, and all other relief the Court deems just.
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