City again denies merit of Burks suit

Published 11:51 am Friday, March 16, 2012

Kenya Burks began working for the City of Vicksburg in July 2009 and was notified when her position — chief of staff — was eliminated.

To lawyers representing the city in Burks’ lawsuit alleging sexual harassment by Mayor Paul Winfield, that’s the whole story, according to a formal response filed in federal court Wednesday.

The city contends in 11 affirmative defenses and a point-by-point breakdown of Burks’ claims that her suit is without merit and she isn’t entitled to damages of any kind. Most specific among the city’s defenses claims Burks, 38, “did not take full advantage of the preventive, corrective opportunities available to her” and the city deserves protection under state law on immunity for state and political subdivisions.

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Burks’ suit alleges a hostile work environment, sex discrimination and retaliation due to a consensual sexual relationship with Winfield, 37. She seeks damages under federal civil rights and constitutional law.

The city’s response denies all Burks’ general and specific allegations, which mention Winfield became physically abusive with her after she tried to break off the relationship. On April 4, the city board approved $9,701.59 in back overtime pay it said was germane because her job didn’t fit the definition of a supervisor. Her post was eliminated April 18 on a 2-0 vote, with Winfield abstaining. In a complaint filed four days later with the Equal Employment Opportunity Commission, Burks contended the back pay amounted to a bribe, and, when she did not accept it initially, Winfield moved to have her position eliminated.

Burks, who was Winfield’s chief of staff from July 2009 to April 18, 2011, has sought call and text data from AT&T and C Spire Wireless, formerly Cellular South, for Winfield’s personal cell phone and cell numbers based in Jackson and Lucedale.

In briefs filed Wednesday to rebut Burks’ claims the records could show Winfield had at least two extramarital affairs and show a pattern of behavior, lawyers for the city said “evidence concerning Mayor Winfield’s extra-marital affairs with individuals who do not work for the City of Vicksburg is irrelevant to any aspect of Plaintiff’s claims in this matter” and cite four instances of case law involving public and private entities.

A recurring theme is the city’s insistence that Burks isn’t entitled to Winfield’s phone records for all of 2009 because he was not mayor until July. Counsel for the city has offered Winfield’s cell phone records showing calls and texts between he and city officials around the time Burks’ position was eliminated — “a reasonable compromise,” said the rebuttal. The city says the idea has been rejected because Burks wants to conduct “a fishing expedition to poison the court and public’s view of Mayor Winfield’s character.”

No other hearings were set as of this morning in the case, which is before U.S. District Judge David Bramlette.

Gary Friedman of the Phelps Dunbar firm in Jackson represents the city. Louis H. Watson Jr., P.A., also of Jackson, represents Burks. Winfield’s brother, Michael Winfield, has filed motions in the case on the mayor’s behalf.