Roanoke To Defend Against 2 Lawsuits Alleging Toxic Workplace Under Ex-Leaders
The lawsuits could shed further light on a drama that gripped Roanoke city hall last year, when claims of a toxic workplace preceded the city manager’s resignation.
Roanoke is defending itself against two civil lawsuits alleging that top former and current officials created a hostile working environment.
The whistleblower suits stem from events last spring, when finance staff accused Brent Robertson, then an assistant city manager, of berating an employee so severely that she quit.
Former city manager Bob Cowell is also a defendant in the lawsuit filed last month by a former city budget analyst, Yen Thuy Ha, which The Roanoke Rambler is reporting here first.
The lawsuits could shed further light on a drama that gripped Roanoke city hall last year, when claims of a toxic workplace culminated in City Council accepting Cowell’s resignation. After Ha told Council what happened, Cowell demoted Robertson, who retired in November, when he became vested in the city’s pension plan.
The way Cowell handled the situation with Robertson prompted Amelia Merchant, a longtime finance official, to describe city leadership as “toxic and damaging” and to urge Council to fire both Robertson and Cowell.
Merchant has also sued, naming Cowell, Robertson and Deputy City Manager Angela O’Brien as defendants. That case was first reported by The Roanoke Times.
Robertson, reached Tuesday outside his home in Franklin County, declined to comment, referring questions to his attorney, Jim Guynn.
“My expectation is we’re going to defend this case very strongly,” Guynn said. “We don’t believe the allegations are true and we believe the evidence is going to bear that out.”
Together, the two lawsuits claim former officials mistreated both women, underpaying Ha, sidelining Merchant and retaliating against them both for reporting alleged abuse. Both lawsuits seek $5 million in damages.
Ha, who had 20 years of finance experience, learned in January 2024 that two of her male colleagues with less experience were being paid a higher salary, court records state. Merchant, Ha’s boss, asked the city’s human resources department to do a pay analysis and upon reviewing it, recommended Ha get a 10 percent raise. The following month, Ha said Robertson rejected her request in a “very uncomfortable” meeting, her lawsuit states.
“Defendant Robertson became irate and defensive, stating that he is the boss, and he can make whatever decision is needed; that Ms. Merchant’s decision is nothing and he does not care about it; and that [the Human Resources Department’s] recommendation is nothing and he does not have to abide by it,” the lawsuit says.
In March 2024, both lawsuits state, Robertson became upset after Ha attended a director’s meeting in place of Merchant, who was on medical leave.
“Following the meeting, Defendant Robertson unleashed a rage on Ms. Ha that she had never experienced before,” her lawsuit states. Robertson had a red face, clenched fists and berated Ha in front of her colleagues, screaming statements including, “I don’t care what Amelia told you or wants you to do when she is out!” and “How dare you email Bob about the director’s meeting and not email me?” according to court records.
Finance staff called Merchant at home, and she urged them to file complaints with HR, the lawsuits state.
Cowell convened a meeting the following day, at which three employees including Ha said they thought Robertson’s behavior was unprofessional and inappropriate, the lawsuit says. One female employee said she was so frightened that if she had had a “panic button” she would have used it.
“Both Defendant Robertson and Mr. Cowell were dismissive,” the suit says. “Mr. Cowell told the employees — despite their concerns — that it was an isolated incident, and they should all proceed as normal moving forward.”
Ha later took medical leave, “as a result of the mental anguish and trauma” and resigned in April. Stating that Robertson had rejected a request from Merchant to inform finance staff that Ha was leaving, Ha emailed Council members about the alleged incident, writing, “I would not want what happened to me to happen to another City employee.”
Days later, Merchant herself emailed Council members and the mayor, urging them to fire Cowell and Robertson. “The current administration is toxic and damaging for the organization,” Merchant wrote.
Days after her email, Merchant was assigned to monitor spending under the city’s $64.5 million share of American Rescue Plan Act (ARPA) funds, her lawsuit states. “Defendants retaliated against Ms. Merchant by removing her duties and responsibilities, isolating her from management decisions which adversely impacted her ability to perform her job, subjecting her to hostile work conditions and then demoting her into a ‘Project Consultant’ position, where all of her duties remained removed,” court records say. The lawsuit claims the defendants attempted to silence her from speaking out; denied her request to attend an annual conference she had previously received approvals for; and was told to continue teleworking after her healthcare provider cleared her to return to the office.
Merchant’s lawsuit also states that “Defendant Robertson and Defendant Cowell made disrespectful and inappropriate comments about City Council, even in front of other staff members.”
In October, Merchant submitted her notice of retirement to take effect in March. Merchant’s lawsuit says she “suffered severe stress as a result of these ongoing workplace behaviors, so much so that she has been forced to seek psychological treatment” and “felt forced to retire to escape" the situation.
Attorney Thomas Strelka, who filed both lawsuits, did not respond to messages.
Merchant and Ha, who works as Roanoke County’s budget manager, declined to comment.
In a text message, Cowell said he is limited to what he can say about the litigation.
“I look forward to joining in a formal response to the claims and presenting actual facts as they relate to the claims,” Cowell said.
Cowell said he is represented by the city.
City Attorney Tim Spencer said Monday that the city will adhere to its insurance policy, which protects it from litigation against current and former officials during the scope of their duties.
“I don’t think there’s a claim there,” Spencer said.
O’Brien declined to comment.
Jeff Sturgeon contributed reporting to this story.