Complaints filed about relationship between Tarrant County clerk and chief deputy

Four employees complained to the county that a romantic relationship between County Clerk Mary Louise Garcia and her chief deputy has created an unfair work environment.

One of the grievances, written by three anonymous employees who call themselves “Whistleblower #1, Whistleblower #2, and Whistleblower #3”, complain that while the relationship between Garcia and Jeff Nicholson may not violate county policy, “it is clearly unethical when one of them is the other’s boss.”

The other grievance, filed Sept. 2, 2014 by Rene’ Kontak, a probate clerk, alleges that Nicholson discussed her employment with another co-worker and threatened her job and future employment with the county — despite Kontak never receiving a warning regarding any potential work problems.

Kontak, who didn’t return messages left by the Star-Telegram, stated in her complaint that she could not discuss the issue with Garcia because of the county clerk’s then-alleged affair with Nicholson.

“I feel I am unable to discuss anything with her that has not already been prejudicially twisted if these allegations made against her, are in fact, true,” Kontak stated in her complaint. “This has created a hostile and unfair environment for me in which to make any complaints against either of them to the other person.”

The complaints were released Tuesday to the Star-Telegram through a request made under the Open Records Act.

In an emailed statement Wednesday afternoon, Garcia commented on the complaints.

“When running a high performance office with over 140 employees it is inevitable that occasionally an employee will become disenchanted with decisions that are made,” Garcia wrote. “The two complaints you reference were taken seriously and were referred to the appropriate department where they were reviewed and resolved.”

Nicholson did not return a message seeking comment Wednesday.

Ashley Fourt, a Tarrant County Assistant District Attorney in the civil division, said the county’s human resources department investigated Kontak’s complaint.

“The department was made aware of the complaint; however, no further action was taken or deemed necessary,” Fourt stated in an email.

Fourt said the anonymous complaint, which had been mailed to a criminal district attorney, “did not ask him to do anything, nor did it involve any accusation of a criminal law violation.”

“There was nothing to be done with it other than to receive and file it,” Fourt wrote in her email.

The three anonymous employees pointed out in their complaint that Garcia approves expense accounts for county business trips that both she and Nicholson take together and that she is also responsible for his pay raises and promotions.

“In business meetings here, we are careful what we say because Jeff is so defensive about her,” the employees wrote in their complaint, which was sent to a criminal district attorney and then forwarded to human resources on Oct. 1.

“If we raise questions or concerns about anything she says, he’s quick to put us down,” the employees stated. “Conversely, she backs everything he says or suggests. This really stifles discussion of issues at staff meetings. Working for them is like dealing with a married couple.”

Garcia acknowledged during her divorce hearing last month that she was romantically involved with Nicholson but testified that the relationship did not be begin until after she and her now ex-husband, Chris Garcia, had separated and filed for divorce in June 2014.

Chris Garcia’s attorney, Elizabeth Parmer, had questioned Garcia during the trial, however, about a series of texts and email exchanges allegedly made between Garcia and Nicholson that indicated the relationship had been going on previous to that.

When Parmer asked Garcia if she had sent Nicholson an April 2014 text message that read, “I could sense you wanting to at least touch me one time through the night” and also exchanging “I love you” messages with Nicholson, Garcia replied, “No, I don’t recall.”

County Administrator G.K. Maenius previously told the Star-Telegram that the county does not have any policies prohibiting consensual relationships between employees.

Without coercion, “there is no violation of our policy,” Maenius had said.

This story was originally published February 18, 2015 at 2:15 PM with the headline "Complaints filed about relationship between Tarrant County clerk and chief deputy."