OLDHAM COUNTY NAMED IN FEDERAL DISCRIMINATION LAWSUIT

On December 30, 2008 Bruce Gentry, a police officer with the Shelbyville, Ky police department filed a lawsuit against Oldham County alleging that the county discriminated against him by refusing to hire him due to his membership in and military commitments to the Kentucky National Guard.

The action was filed in the Federal District Court for the Western District of Kentucky pursuant to Title 38 U.S.C. §4301 which relates to the Uniformed Services Employment and Reemployment Rights Act.

The complaint alleges that:
Gentry applied for a position of employment with the Oldham County Police Department beginning in November 2007
Gentry passed all testing required by the Oldham County Police Department and was otherwise eligible for employment as a police officer with said county
Gentry was ultimately considered for a police officer vacancy within the Oldham County police department in the spring of 2008
Gentry successfully completed the application and interview process of the Oldham County Police Department in the summer of 2008
On June 30, 2008 Gentry learned from Tim Wakefield, an employee, agent, and servant of the Oldham County Police Department and Oldham County that Gentry would be offered the position for which he applied with the Oldham County Police Department
On June 30, 2008 Gentry was informed that his starting salary would be approximately $48,900.00
Lt. Wakefield, an employee, agent, and servant of Oldham County and the Oldham County Police Department, also informed Gentry that he would begin working second shift
On July 1, 2008, Gentry was contacted by Detective Latham, acting as an employee, agent or servant of Oldham County and the Oldham County Police Department, and was informed that Gentry’s likely starting date would be August1, 2008
That Detective Latham, acting as an agent, servant and employee of Oldham County and the Oldham County Police Department, requested permission from Gentry to contact the Shelbyville Police Department Chief of Police regarding Gentry’s departure from the Shelbyville Police Department and employment with Oldham County
That the Oldham County Police Department, acting through its agents, servants and employees, informed Shelbyville Police Chief Schuttle on or about July 1, 2008, that it was offering Gentry an employment position with Oldham County in its Police Department
That on or about July2, 2008, Lt. Wakefield, as an agent, servant and employee of Oldham County and the Oldham County Police Department, asked Gentry what Gentry’s military commitment was, and Gentry informed Wakefield of said commitment
That after advising Wakefield of his military membership and commitment, Gentry was told by Wakefield, acting as an employee, agent and servant of Oldham County, that the Oldham County Police Department decided to advertise and solicit applications for the position for which Gentry had been informed he would fill
On July 3, 2008, Chief Griffin of the Oldham County Police Department, acting as an agent, servant and employee of Oldham County, Kentucky, informed Chief Schuttle of the Shelbyville Police Department, that Gentry’s status had changed because of his military commitments
On or about October 6, 2008, the Oldham County Police Department informed Gentry that the position he sought had been filled by another candidate.

The complaint further alleges that Oldham County denied Gentry initial employment on the basis of, and because of, his membership in and his commitment to the Kentucky National Guard, and that his membership, status and commitment were motivating factors in their decision. Finally, the complaint alleges that Gentry was discriminated against by Oldham County because of his military membership and status in violation of Title 38 U.S.C. §4301.

In addition to asking for a jury trial Gentry is asking for compensatory damages, punitive and liquidated damages, and attorney fees.

It must be pointed out that claims filed in an initial complaint only give one side of the story and the defendants have a right to have their day in court. However, the allegations in this complaint are very strong and VERY serious.

Although Judge Murner is not listed in the complaint, as the County Judge and top executive officer he ultimately shoulders the responsibility of the actions of his subordinates. Further, Chief Griffin must have any new officer’s employment approved by the fiscal court which leads me to believe that Judge Murner was probably aware of the actions in this case.

If, and I emphasize the word “if”, the allegations in this complaint are true, it is a sad, and shameful, day for the county. There is absolutely no excuse for action of the type alleged in this complaint. Even if such activity were not against the law, it simply would not be ethical or moral to discriminate against the defenders of our country – especially at a time when are country is losing soldiers on a daily basis abroad while they are defending our freedom.

From personal experience, I know that having employees who have a military obligation can present problems for management and require sacrifices on the part of other employees. However, it is part of the job and if you can’t handle it, you should resign your position.

I will certainly be disappointed if these allegations are found to be true. However, I will not be surprised if they are true considering the recent disregard for the Supreme Court of Kentucky that I have seen Judge Murner display. All of the people named in this complaint are sworn to uphold the law, not break it. Let’s hope that they have not broken the law.

I would offer this advice to Judge Murner. If the allegations are true, make every attempt to settle this issue out of court in order to save the county money and embarrassment. Also, I certainly hope that former County Judge John Black and his brother-in-law, Magistrate David Voegele, don’t decide to chastise Bruce Gentry for filing this lawsuit. If John Black’s recent article in the Oldham Era is any indication of his position on lawsuits filed against the present County Judge due to perceived wrongdoing, he may also take a similar position in this case. They need to understand that this is a federal lawsuit and not an issue that will be decided in some smoke-filled backroom. However, this may bring about a couple of closed sessions of the fiscal court. On the other hand maybe not, as Judge Murner apparently handled the most recent lawsuits against him without consulting the court because there were no closed sessions and the issue was not mentioned in open court.