By ADAM STEWART

Staff writer

Former Marion County Planning and Zoning/Environmental Health Director Roberta Strait has filed a lawsuit against Marion County Commission in U.S. District Court, commissioners learned Monday.

County Clerk Carol Maggard told the commission a lawyer working on a new personnel manual for the county noticed the filing and informed her of the suit, but the county had not yet been served Monday. Later in the meeting, the county received notification.

A copy of the complaint was obtained; it alleges that Strait was hired as a full-time, salaried employee but was treated as an hourly employee when she took time off because she was required to work 40 hours per week but had to use sick leave or vacation time whenever she worked less than 40 hours per week.

Through her attorney, Chris Kellogg of Kennedy Berkley Yarnevich & Williamson, Chartered, of Salina, Strait is seeking in excess of $75,000 in damages.

Strait resigned her position Aug. 26, 2009, after commissioners placed her on unpaid leave Aug. 10 through 24 to “consider her position and responsibilities.”

Maggard said County Attorney Susan Robson will not represent Marion County in the case.