Coos County has received a fourth tort claim notice involving a Coos County Assessor’s Office employee, contending the county refused to allow her to return to work.

This claim was not filed on behalf of an additional employee in the office, but rather a second claim issued by one of the three employees who filed complaints with the county attorney starting in August.

Juli Hall Upton, attorney for property appraiser Kay C. Roach, delivered the notice to the county last week.

Roach has been off the job since late September, according to Upton, and has been receiving disability insurance while not working.

Roach’s physician Thomas McAndrew stated she may return to work with limited contact with Coos County Chief Deputy Assessor Adam Colby, who soon will take office as assessor.

 Her doctor stated she cannot be closer than 15 feet to Colby and they should have no verbal interaction. The requirements are to be in effect for two months.

The county offered her a choice — a lesser job as an office specialist in the Mental Health Department or stay home.

The claim states the county failed to return Roach, “an injured worker, to work when the doctor issued a release conditional upon Adam Colby not being in the work place AND when Adam Colby is currently not working in the courthouse.”

In letters to Upton on Nov. 21, Nov. 25 and Dec. 9, County Human Resources Manager Steve Allen stated the county could neither accommodate Roach’s return to work under the conditions nor agree they were reasonable restrictions.

“Mr. Colby has an increasing presence in the Court House in preparation for his assuming elected office next month and performance of his current job duties and responsibilities,” Allen wrote on Dec. 9. “Based on these facts, it is unreasonable and unworkable for the County to attempt to return Ms. Roach into the workplace.”

 County officials placed Colby on paid leave on Sept. 30 . He was not in the courthouse for more than a month until early November when he was taken off leave to get ready for taking office.

Upton said in a Nov. 21 letter that it was the county’s problem to deal with Colby’s return to work, not Roach’s.

The local American Federation of State, County, and Municipal Employees Chapter 2936 and Coos County assessor and commissioner-elect Bob Main have weighed in on the matter as well.

Union Steward David Jennings wrote to Colby as Roach’s immediate supervisor, saying the union deemed the restrictions for no contact with Colby was reasonable.

“This restriction is a reasonable accommodation required by the grievant’s medical condition and would not unreasonably burden the County,” the letter said.

Main answered the grievance on Nov. 26 concerning Colby’s absence, granting the terms of Roach’s return. He stated in the letter that Colby has not been in the office during regular work hours since Sept. 30.

“I am going to administratively make the decision as the Elected Official in Mr. Colby’s absence,” Main wrote. “I hereby grant and agree with the grievance brought by you on behalf of KC Roach.”

So far, three employees have filed claims citing allegations, including: sexual harassment, assault and negligence, negligent supervision, unequal treatment based on gender, emotional distress and hostile work environment.

Main and Colby were named in the notices. None alleged that Colby or Main engaged in sexual harassment, but rather pointed to another employee who has since quit working for the county.

 The first complaint was filed in late August by Eugene lawyer Brian L. Pocock for client Angela Provost-Allen, the second by Upton on Sept. 9 on behalf of Roach and a third received on Oct. 29 also filed by Upton for Tamara Houghton.