COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION CASE NO. BRAD METCALF PLAINTIFF V. LEGISLATIVE RESEARCH COMMISSION Room 300, Capitol Frankfort, KY 40601 DEFENDANT SERVE certified mail: Sen. Robert Stivers, II, Kentucky Senate, President Capitol, Rm. 236 702 Capitol Ave. Frankfort, KY 40601 COMPLAINT AND JURY DEMAND JURISDICTION 1. The Plaintiff, Brad Metcalf, brings this action against the Defendant, the Legislative Research Commission (hereafter LRC ), pursuant to KRS 61.102 and 61.103(2). FACTS 2. Plaintiff, was, at all times mentioned herein, an employee of the LRC, an arm of the General Assembly that is subject to the statutory provisions of KRS 61.102, et seq. Plaintiff first began working for the LRC in November, 2004, as a Policy Analyst. 3 Plaintiff has continuously worked for the LRC since 2004. At the times referenced in this Complaint related to the reporting of misconduct by the Plaintiff, Plaintiff was serving as the Chief Clerk of the Kentucky House of Representatives having been elected in January 2017, and COM : 000001 of 000006 Filed 18-CI-00245 03/08/2018 Amy Feldman, Franklin Circuit Clerk
was the Constitutional Officer responsible for maintaining the official records of the Kentucky House of Representatives. 4. During the calendar year 2016, Plaintiff was approached by an employee in his former role as Chief of Staff (employee hereafter Jane Doe ), who advised him that she was receiving inappropriate messages from an elected House member, Rep. Jim DeCesare. 5. At the time of this report, Plaintiff contacted then House Minority Leader, Representative Jeff Hoover, and advised Hoover of the inappropriate messaging that was directed at an LRC staff member, and received assurance from Hoover that it would be taken care of. Plaintiff made note that this process was different than a previous sexual harassment complaint filed against Rep. Jim Stewart. 6. In December, 2016, Plaintiff was transitioned from the position of Chief of Staff to the position of Chief Clerk of the Kentucky House of Representatives. 7. In February, of 2017, Plaintiff was notified by an LRC colleague, Communications Director, Daisy Olivo, that the new Chief of Staff wanted to move towards termination of Jane Doe because of an alleged inappropriate relationship that she was maintaining with then Kentucky Speaker of the House, Jeff Hoover. 8. Before any action was taken against Jane Doe, Doe notifies the LRC office in May, 2017, that she was taking Military leave, and did not return until, on or about October, 2017. 9. On October 10 th, Doe came to Plaintiff s office and requested that Plaintiff look over a large volume of text messages, many of an explicit nature, that had been exchanged over the previous two (2) years between Doe and then Speaker Hoover. Doe further shared with Plaintiff a written time-line of inappropriate encounters that she had with Speaker Hoover during this time period. COM : 000002 of 000006 Filed 18-CI-00245 03/08/2018 2 Amy Feldman, Franklin Circuit Clerk
10. During this October 10 th meeting with Doe, Doe informed Plaintiff that she was going to file a complaint of Sexual Harassment with the LRC against Speaker Hoover. 11. After meeting with Doe, Plaintiff receives a direct Twitter message from the official account of 1 st District Kentucky Congressman, James Comer, referencing Plaintiff s eminent termination. 12. Plaintiff communicates with Congressman Comer, Speaker Hoover, Speaker Pro Tem David Osborne, House Floor Leader Jonathan Shell, House Caucus Chairman David Meade, & House Whip Kevin Bratcher referencing Congressman Comer s text and requesting an explanation. Plaintiff received no response. 13. On October 17 th, Jane Doe notified the Plaintiff that she had served a large demand letter for her claims of sexual harassment and hostile work environment against Speaker Hoover, several elected House members, and certain employees of the LRC. 14. On October 23, 2017, Plaintiff was notified by House Republican General Counsel, Laura Hendrix, to report to the Speaker s Annex office during normal working hours where he was introduced to Speaker Hoover s personal attorney, who recused LRC General Counsel from the room. 15. Plaintiff was questioned at length during this meeting about Jane Doe s work habits and interactions with Speaker Hoover and other House members, as well as his knowledge of the first report Doe made against a House member in 2016, when Plaintiff was Chief of Staff. 16. On October 24, 2017, Plaintiff e-mailed LRC General Counsel, Speaker Hoover s personal attorney, and his own private attorney requesting a copy of the Settlement Demand letter submitted by Doe. Plaintiff received no response. COM : 000003 of 000006 Filed 18-CI-00245 03/08/2018 3 Amy Feldman, Franklin Circuit Clerk
17. On October 26, 2017, Jane Doe came to Plaintiff s office and informed Plaintiff that she had entered into a settlement agreement against Speaker Hoover and LRC employees. Doe informed Plaintiff that that she was pressured into the agreement and stated to Plaintiff that Things aren t going to end well for any of us. Plaintiff learned that House Republican General Counsel, Laura Hendrix, was present at the settlement meeting when agreement was reached on behalf of Doe. 18. Plaintiff was also informed of a conversation between Doe and another LRC employee where Doe states that the termination of Plaintiff and LRC co-worker Daisy Olivo, was discussed at the settlement agreement. 19. Following his conversation with Doe where he was specifically informed that settlement was reached on behalf of LRC employees, Plaintiff e-mailed LRC General Counsel and others to again request a copy of any settlement agreement to determine any potential liability issues that related to LRC staff such as the Plaintiff. Plaintiff received no reply. 20. On November 3, 2017, Plaintiff was called into a meeting with the LRC General Counsel, Greg Woosley, and Deputy Director for Human Resources, Tim Holbrook, to discuss the Speaker Hoover and Jane Doe situation and Plaintiff reported the information that he knew. 21. On November 15, 2017, Plaintiff met with and spoke with attorneys from a law firm attorney hired by the Kentucky House Republican Leadership to investigate the Jane Doe allegations and Plaintiff reported to them the information that he knew. 22. On December 4, 2017, LRC co-worker, Daisy Olivo, filed a lawsuit against the LRC for issues related to the Jane Doe sexual harassment reporting. COM : 000004 of 000006 Filed 18-CI-00245 03/08/2018 4 Amy Feldman, Franklin Circuit Clerk
23. On December 15, 2017, Plaintiff met with Lexington Federal Bureau of Investigation (FBI) officers to discuss the Jane Doe complaint and settlement. 24. On December 19, 2017, Plaintiff met with official LRC Ethics Investigators and reported accurately and truthfully all that he witnessed transpire related to the Jane Doe harassment allegations and subsequent settlement. 25. On January 1, 2018, Plaintiff was approached at approximately 3:00 p.m. in the afternoon by LRC administration and notified that issues had come up with his continued employment with the LRC, and he was to be terminated immediately. 26. Plaintiff s identification badge was taken and he was walked off the premises by the State Police Officer working as security. COUNT I Violations of KRS 61.102 et. Seq. (Kentucky Whistleblower Act) 27. Plaintiff incorporates the averments contained in paragraphs 1 through 26, as delineated and set forth above, and incorporates same as if originally set forth herein. 28. Plaintiff, at all times mentioned herein, was employed by the Commonwealth of Kentucky, and as such, was an employee protected under the Kentucky Whistleblower Act (KRS 61.102, et seq.). 29. Plaintiff reported multiple ethical and mismanagement issues to, the General Counsels of the LRC, and the LRC HR Director, related to the improper handling of a LRC employee Sexual Harassment complaint, and the subsequent settlement process related to that Complaint. 30. Soon after Plaintiff made his disclosures, as described above, Plaintiff was retaliated against by the LRC,as he was terminated from his employment in violation of KRS 61.102. COUNT II Violations of KRS 61.103(4) et. Seq. (Kentucky Whistleblower Act) COM : 000005 of 000006 Filed 18-CI-00245 03/08/2018 5 Amy Feldman, Franklin Circuit Clerk
31. Plaintiff incorporates the averments contained in paragraphs 1 through 30, as delineated and set forth above, and incorporates same as if originally set forth herein. 32. Plaintiff was subject to further reprisal in violation of KRS 61.103 (4), as he voluntarily participated in official proceedings as stated in paragraphs 20-24. 33. Plaintiff has been terminated from his employment in violation of KRS 61.103(4). WHEREFORE, the Plaintiff respectfully prays and demands on both Counts as follows: A. For trial by jury; B. For Lost wages and benefits, compensatory, and punitive damages; C. For his reasonable attorney fees and costs pursuant to KRS 61.990(4) D. For any and all other relief to which the Plaintiff may appear entitled. ZIEGLER & SCHNEIDER, PSC BY: _s/shane C. Sidebottom SHANE C. SIDEBOTTOM (#89046) 541 Buttermilk Pike, Suite 500 P.O. Box 175710 Covington, KY 41017 (859) 426-1300 Email: ssidebottom@zslaw.com And s/hans G. Poppe Hans G. Poppe (#88530) The Poppe Law Firm 8700 Westport Road Louisville, Kentucky 40242 (502) 895-3400 hans@poppelawfirm.com Attorneys for Plaintiff, Brad Metcalf COM : 000006 of 000006 Filed 18-CI-00245 03/08/2018 6 Amy Feldman, Franklin Circuit Clerk