OKTIBBEHA COUNTY – A federal judge will allow certain complaints to move forward in a lawsuit a former employee filed against the county and Tax Assessor/Collector JoHelen Walker.
But in an order filed Friday in the U.S. District Court of Northern Mississippi in Aberdeen, Judge Sharion Aycock dismissed some of the claims and removed former County Administrator Delois Farmer as a defendant altogether.
Carol Vaughn, a former employee in the tax assessor/collector’s office, filed suit June 6, 2024, claiming she was demoted and later fired in retaliation for reporting Walker to the state auditor’s office for alleged unlawful activity.
Vaughn claimed Farmer, Walker and the county violated her First Amendment rights, both Mississippi public policy and its whistleblower statute and wrongfully interfered with her employment. The suit also alleged racial discrimination.
Vaughn, who worked as a deputy clerk/bookkeeper in the tax assessor’s office for six years is white. Farmer and Walker are Black.
In the court order filed Friday, all complaints against Farmer were dismissed after Vaughn failed to provide sufficient evidence connecting Farmer, who was not Vaughn’s supervisor, to her termination. One of Vaughn’s racial discrimination claims against all three defendants was also dismissed, though the rest of her complaints stand.
Vaughn’s original complaint alleged that about two years ago Vaughn learned Walker, then a deputy clerk in the tax assessor’s office, was “directing and participating in the theft of county funds” by allowing select city taxpayers to be taxed at the lesser county rate. Walker falsely listed these taxpayers as living outside the city limits, the complaint reads.
Vaughn alleged the scheme started when Walker began campaigning for tax assessor/collector, a race she won in November 2023, and for “the apparent political advantage of endearing herself to prominent citizens, Starkville police officers, and others whom she believed would provide valuable political support.” Walker often “bragged” that employees who assisted Starkville police would “have no problem having tickets fixed,” the complaint reads.
Vaughn reported the alleged theft to the state auditor’s office on Nov. 17, after Walker had won the election, according to the complaint. She described it in detail Nov. 30 to Investigator Scott Floyd, noting the theft was widespread and intentional.
On Jan. 3, after Walker took office, the complaint claims Vaughn was demoted, resulting in a salary deduction. During that conversation, Walker and Farmer, who was present, told Vaughn they knew she turned them in to the auditor’s office, the complaint reads.
Vaughn refused to resign and was instead terminated by Walker on Jan. 9, the complaint reads.
According to Friday’s court order, Vaughn claims she was terminated for reporting Walker to the state auditor and for engaging in political speech in support of Walker’s opponent, John Montgomery, during the tax assessor/collector campaign. She also alleged that her race was likely a contributing factor in her termination, contending she was replaced “by a far lesser-qualified Black person,” the order reads.
Claims moving forward
Vaughn’s first claim, alleging she was wrongfully terminated after reporting to the state auditor, stands against the county. The second claim, alleging she was partly terminated for politically supporting Walker’s opponent during the tax assessor/collector campaign, can proceed against both the county and Walker.
Two of Vaughn’s claims alleging racial discrimination can proceed against both the county and Walker, though one of the claims against Walker is planned for dismissal unless Vaughn provides sufficient evidence to support it by Oct. 3.
A third racial discrimination claim was dismissed altogether after the judge ruled it was filed under an inappropriate section.
Vaughn’s three state law claims – including violation of public policy through wrongful discharge against the county, violation of Mississippi’s Whistleblower Protection Act against both the county and Walker and wrongful interference with employment against Walker – can also proceed.
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 35 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
