MADISON, Wis. — Testimony in the Mike Miller vs. CUNA case before the Madison Equal Opportunities Commission finally concluded Aug. 18.
"All the testimony concluded Friday after 15 days of testimony," Madison EOC Hearing Examiner Clifford Blackwell said. He has said the case has been one of the longest and most documented that he has experienced.
Blackwell explained that he expects the official transcript to be completed by Sept. 1 and the parties have requested until Oct. 16 to submit their initial briefs. Final briefs will be due by Nov. 6. He said he would have a better idea when he would make a final decision after that.
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Miller has accused CUNA of firing him from his position as senior vice president of association services in retaliation for complaints he made about the Madison Chief Operating Officer John Franklin, alleging Franklin made discriminatory remarks that made staff uncomfortable. CUNA has argued that Miller is simply upset that he was not selected for the COO spot and he has constantly worked to undermine Franklin.
"We're very pleased with the proceedings thus far," Michael Fox of Fox & Fox, SC, who is representing Miller in the case, commented. "I feel very satisfied that we got in everything that was significant."
He explained that the briefings will simply reiterate the facts as each side sees it. "I feel very confident that we have evidence on all fronts," Fox said.
CUNA Vice President of Communications and Media Outreach Pat Keefe described CUNA as upbeat about the case from its perspective as well. "We're confident of the case we presented in defense. We're waiting to see, like the other side is, to see how it goes," he said.
No matter what the outcome, Fox said he does plan to bring the case to federal court, which would begin de novo. He explained that the law is slightly different between the local and federal levels and the remedies vary.
In discussing settlement options, Fox added, "There was a critical moment and that critical moment has passed." Keefe would not comment on any settlement discussions nor confirm or deny that they occurred.
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