wrevarass s21eaz017 ‘Amy Feldman, Franklin Circuit Clerk COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT. DIVISION CASE NO, DAISY OLIVO PLAINTIFF v. LEGISLATIVE RESEARCH COMMISSION DEFENDANT Room 300, Capitol, Frankfort, KY 40601 SERVE certified mai: Attorney General ‘Andeew Besheat 1024 Capital Center Dr, Ste 200 Frankfort, KY 40601 COMPLAINT AND JURY DEMAND. JURISDICTION 1 tif, Daisy Olivo, brings this ation against the Defendant, the Legis Research Commission (hereafter “LRC"), pursuant to KRS 61.102 and 61.103(2). acts all times mentioned herein, an employee ofthe LR, an arm of the General Assembly that is subject to the statutory provisions oF KRS 61.102, et seq, Plaintiff began ‘working forthe LRC in January, 2016, as Communications Director forthe Kentucky House Republican Leadership. 3. Plant's job duties include, but are not limited to, eatime communication wih the ess and publi, issuing pres releases, managing, supervising, and evaluating the employees in the communications department srcvor2s6 2082017 ‘Amy Foldman, Franklin Ciccut Clerk tang ges HON, PHL 4 SHEPHERD)Flea vrevorase 120082017 ‘Amy Feldman, Franklin Circuit Clerk 4. PlaintifT became aware ofan inappropriate relationship between then House Speaker, Rep. Jeff Hoover, and one ofthe employees whom Plant supervised (hereinafter Jane Doe. 5. Plaintiff reprimanded Doe on multiple oeeesions for, then, consent, bt inappropriate conduet with Rep. Hoover whilein the employ ofthe LRC. 6 tm December, 2016, Ginger Will became Chie of Staff (hereafter “COS” fr Rep. Hoover 1, InFebruary, 2017, COS Wills called Plaintiff and another communications safe into a recing and explicitly asked if Hoover and Doe were engaged ina sexual elationship. The Policy Director ofthe Speaker's Office, was also present in this meting and discussion. 8 During this February, 2017, meting, COS Wills stated to PantifF and the eter safer ‘nat COS Wills believed Doe was the aggressor in the relationship snd force the Speaker into a “submissive” relationship, which was damaging Rep. Hoovers ability todo his job an, ‘therefore, COS Will intended to “create a path to terminate (Doe].” 9, Plaintiff objected tothe recommended couse of ation of COS Wills based upon the consensus nature ofthe inappropriate sexual relationship between Rep. Hoover and Doe. COS Wills then stated that Doe eventually would need tobe relieved of her duties and that a personnel case shouldbe built aginst her Fr her behavior 10. Doe notified if that she was taking four (4) months of leave that was to begin on May 22, 2017, as part of her military duty 11, Upon that notice of military leave by Doe, COS Wills called Plaintiff to her office and ‘gave her an instruction to “keep (Doe) happy” until Doe leaves for her military duty fr four ‘months, COS Wills informed Plant hat Wills intends to terminate Doe before, or shortly after, Doe returned from her four-month military leave vreciarese 12082017 Amy Feldman, Franklin Geult ClerkFiled Filed srciar2se s20e2017 ‘Amy Feldman, Franklin Circuit Clerk Doe shares with Plaintiff a writen timeline of “events” between Doe and Speaker Hoover, including the physical and sexual encounters 13. oe, shortly before returning to work tthe LRC fom er military leave, begins calling Pani and stating Doe does nt think that she can retur to work ashe now views tas an cnviconment of sexual harassment crated by Speaker Hoover. 14, On September 5, 2017, Paint confronts Speaker Hoover in # 90-minute conversation but the inappropriate relationship with Jane Doe as well sth hostile work environment being created by COS Wills towards Jane Doe, andthe over oxic environment under Speaker Hoover's and COS Wills leadership, 15. On September 15,2017 Plaintiff had follow up meeting with COS Wills and Republican Caucus General Couns, Laura Hendrix, regarding the relationship between Hoover and Doe andthe hostile work environment now being created by COS Wills. Plaintiff specifically addressed the September 5 mecting that she had with Speaker Hoover and new allegations ofa hostile work environment for the communication staff, asa result of the September S* meeting, Plantif reported that COS Will was responsible fr telling Majority Staffers thatthe entire communications shop “was dysfunctional anda problem” inthe wake of the September 5" meeting 16, Doe returned to work and on or about October 16,2017, informed Plain that she had ‘made a settlement demand on Speaker Hoover and others for sexual harassment, nd on COS Wills for creating « hostile work environment. Doe proceeded to share with lant thre 3) years of text messages that she maintained with Hoover aswell as «detailed timeline of| Physical, sexual encounters that she had engaged in withthe Speaker, both during work hours, and outside of work hours, sr-c.012ss 1042017 9 Amy Feldman, Franklin Ccult CorkFited Fed yrev012s6 20472017 ‘Amy Feldman, Franklin Gireit Clerk 17. A short time later, Plantif is informed by Doe there has been a ssoretsetlement to avoid ‘media scrutiny, and that it was paid off the public record with private Funds pooled from prominent campaign donors. 18. On October 26, 2017, Doe entered Plaintiff's office and informed her tat she was instructed by atiomneys to deliver a message that Plain was to cease discussing the sexual harassment alleged by Doe or fling any reportsabout the hostile environment ereated inthe ‘Communications office. Doe also informed Plantif that Speaker Hoover and COS Wills stated that tiff would lose her jo. 19, On Octaber 26,2017, afer meeting with Doc, Plaintiff emailed the LRC’s General Counsel and the Human Resource Director her concems about the discussion with Doe. Plainift reported her concerns for Dee's emotional wellbeing, and reported Dues fs af appraisal and physical harm aftr entering setlement agreement under “duress”. Plaintiff further reported that Do, afer disclosing her fear to Plantilf, proceeded to go missing from several days of| ‘work causing further concern by Plinif for Doe's wellbeing, 20. On October 27, 2017, COS Wills instructed Plant to direct all employees Harassment concems to he attention going forward 21, On Wednesday, November 1, 2017 Plantif met with LRC General Counsel Greg, Woosley and HR Director Tim Holbrook for about thee hours and disclosed o them the inappropriate relationship between Hoover and Doe, the hostile work environment crested by COS Will, and the secret setlment between Speser Hoover, COS Wil, Doe, and others. Plant also noted that it was inappropriate to require LRC emplayees to now report harasstnent allegations about Legislators tothe COS, who, herself, was accused of reaiton against sportier rreciaress 120472017 4 Amy Feldman, FrankinGircult ClerkFlea Filed wreiaiase s2l04017 ‘Amy Foldman, Franklin Circuit Clerk 22, The following day, Plaintiff receives the following email from Wills: From its, Giger 18) ‘Ferd, any i] cba Ovo BLAL EOF Ex Orn Tony tammy rerLACCOV> Sbjct eines for spoke Hoo Ds Per conversation th Speaker lease det al med inquiesfor Speaker Hoover o Tory Dremu futher note Thane So ca Ee renee eee See ee reer ee ——— re eee reece ee any ar ee ee ee ee {0 intimidate her and staff, and relayed one incident where House fF anda c0- Representative Bam Camey was attempting o surreptitiously take a photo of Pl worker. 26, On November 17,2017, Plaintiff called and then met personally with House Budget Director, Prank Willey to discuss the pending Pension legislation and the lack of information +7-cio1258 12/08I2017 5 amy Feldman, Franklin Circuit Clerk Pega bos Le 7 eres ee i ;Fitee Filed srcioress s2ios017 ‘Amy Feldman, Franklin Circuit Clerk ven fo communication staf, and as res the damaged ability todo proper communications forall 64 members ofthe House Majority Caeus 27. Willey informed Plain tht there would beno information to share with her and that he ‘Would not e-mail her information in he ft, based on he ntention o “wit facts and “pit people against one another” 28, Willey went on further, and alluded to Platt that she was just like the Goveror in always twisting the truth, and referenced the iovemer’s comments on teachers hoarding sick ‘ays, and alluded that this typeof behavior was the ese of Rep. Hoover losing his speskersip, and that he would’t work with her inthe future to avoid exposing himself to the same type of| damage, effectively prohibiting Pai from doing he job 29. Plant reported to Speaker Hoover, COS Wills, General Counsel Hendrix, and made Aiselosures to Woolsey and Holbrook that ae protected by KRS 61.102 regarding “actual or suspected violation of any law, statute, executive onder, administrative regulation, mandate, rule, or ondinance ofthe United States, the Commonwealth of Kentucky, or any ofits politcal subdivisions, or any fats or information relative to actual or suspected mismanagement, wast, Saud, abuse of authority, o a substan an specific danger to public health or safety.” 30. Since her reports and discloses, Plain has been subject to ongoing retaliation that has interfred and prohibited Paint from doing her job 31, Ato time prior to or following Plait disclosures made pursuant to KRS 61.102, did Plaintf's personnel file com any indication that any disciplinary ations, performance improvement plans, or similar corrective ation had ever been taken against her duc to unsatisfactory performance, count Violations of KRS 61.102 ef. Seq, (Kentucky Whistleblower Act) treciarzss s2iouz017 © Amy Feldman, Franklin Ccuit ClerkFiled Fated sr-cior2s6 129042017 ‘Amy Feldman, Franklin Circuit Clerk 32, Plantiincorpoats the avermentscontsined in paragraphs | through 31, a delineated an so forth above, and incorporates same a if originally set fort herein 33. Plaintiff all imes mentioned hain, was employed by the Commonwealth of Kentucky, snd as such, was an employee protected under the Kentucky Whistleblower Act (KRS 61.102, ¢t 9), 34, Plant eported mip ethical nd mismanagement issues to Speaker Hoover, her supervsoe COS Wills, the General Counsls ofthe Commision, and the LRC HR Ditetor Tim Holbrook 35, Soom after otf reporting her disclosures, as descrited shove, Pliniff was retaliated ‘sesint by Rep. Hoover and COS Wills when her jb dies were removed and given to Tommy Druen 36. Removal of Plains job duis for epotng official misconduct is prohibited by KRS 1.102 count ‘Violations of KRS 61.102 et Seq (Kentucky Whistleblower Act) 237. PlaintfFincomportes the averments contsned in paragraphs | through 36, as delineated and set forth ove, and incorporates same aif originally set fort herein 38, Plaintiff was subject to further reps in voltion of KRS 61.102 as stated in paragraphs 26-28 39, _PlaintiT has effectively been prevented from performing her job as Communi Director for her reports made pursuant to KRS 61.102. 40, Said retaliation isin violation of KRS 61.102. WHEREFORE, the Plaintiff respectfully prays and demands on both Couns as fellows: sr-ciorzss 12i042017 Amy Feldman, Franklin Citeul ClerkFiled Flea sr-cior2ss 120082017 ‘Amy Feldman, Franklin Circuit Clerk For til by jay For compensatory and punitive damages; Forber reasonable attomey fees and costs pursuant to KRS 61.9904) For any and al other slit which the Plaintiff may appear entitled. ZIEGLER & SCHNEIDER, PSC BY: _s!Shane C. Sidebottom SHANE C. SIDEBOTTOM (789046) S41 Buttermilk Pike, Suite 500 P.O. Box 175710, Covington, KY 41017 (859) 426-1300 Email: ssidebottomd@zslaw.com And sullans G. Poppe Hans G. Poppe (#98530) “The Poppe Law Firm 8700 Westport Road Louisville, Kentucky 40242 (602) 895-3400 bhans@PoppeLawFiem.com Attorneys for Plaintif, Daisy Olivo sr-ciorzss 121042017 8 Amy Feldman, Franklin Circuit Clerk [