Kerr-Kay trial ends seventh day

Larry Kay listens to Judge Jon Beetem at the opening of a lawsuit in which he is the defendant. The case of Pat Rowe Kerr vs. Larry Kay in Cole County Circuit Court started Monday and could last up to two weeks.
Larry Kay listens to Judge Jon Beetem at the opening of a lawsuit in which he is the defendant. The case of Pat Rowe Kerr vs. Larry Kay in Cole County Circuit Court started Monday and could last up to two weeks.

The former state budget director was called to the stand Tuesday in the case of a former Missouri Veterans Commission worker who is suing the commission and its director for discrimination and harassment.

Linda Luebbering described to jurors what the state's budget situation was like when Pat Rowe Kerr was dismissed from the commission in November 2009.

Luebbering talked about how she and officials in Gov. Jay Nixon's administration discussed how the downsizing of government would have to take place due to revenues coming considerably lower than expected, leading to a reduction in the number of state employees.

Veterans Commission Director Larry Kay's attorneys have argued Kerr was let go as outreach director because of a gubernatorial veto directing the commission to eliminate a position.

Kerr's attorneys showed an email Luebbering sent to Kay after learning Kerr was terminated.

Luebbering said she sent it because state leaders wanted to make sure veterans' needs wouldn't suffer if Kerr were let go. Kay told Luebbering they were consolidating their efforts to make sure veterans' needs were met. Luebbering said after talking with Kay, he had addressed any concerns they might have had.

Kerr's lead attorney, Jerome Dobson, pointed out Kay told Luebbering the work Kerr did had her highly involved with meeting the public and taking care of veterans' needs, and she had been honored on numerous occasions for her work. In later court proceedings, Dobson also said evidence showed Kay created positions and gave raises despite the budget problems.

Also called to the stand Tuesday was the commission's deputy director, Bryan Hunt, who said Kay and Kerr had disagreements numerous times, but he never saw Kay yell at or mistreat Kerr.

"Larry values an open approach and doesn't want all 'yes' people around him," Hunt testified. "In my opinion, Pat got insubordinate at times when trying to talk with Larry about issues."

When dealing with the budget issues of the time, Hunt testified commission officials were instructed by the Office of Administration to address costs in the central office and not costs in the field that could affect veterans services.

Kerr's attorneys showed a copy of notes from the November 2009 closed session of the commission where Kerr's termination came about. Hunt was present at that meeting.

Three positions were noted in the central office.

One was for a person who was retiring, and that position would be left open.

The second was for Anne Payne, then superintendent of homes. The note read, "Making $104,000. Checked out a long time ago and is planning to retire to Arizona. They'll be OK."

The third position was Kerr. The note read, "Keeps her own copies of persons' medical records. She's accepting and distributing people's money. Totally inappropriate."

When asked by Kerr's attorneys if he knew who may have said these things in the meeting, Hunt said he didn't know.

Hunt also denied ever saying to others in the commission that they should "get rid of the old people," as two others testified in the trial.

"If two is the best you can do, I think that says it all," Hunt said.

Testimony will continue in the case throughout the week.

Previous coverage:

Kerr's lawyers rest case; defense testimony begins, July 19, 2016

Kay defends termination of Kerr, July 15, 2016

Budget constraints questioned during Kerr trial, July 14, 2016

Kerr testifies as trial continues, July 13, 2016

Kerr's harassment suit spills into court, July 12, 2016

Pat Rowe-Kerr sues Veterans Commission, Kay on several issues, July 26, 2011