‘I’m going to have you.’ Community Action Council leader accused of sexual harassment.

An employee of the Lexington-based Community Action Council alleges in court documents that she was repeatedly sexually harassed by its executive director, then retaliated against by the anti-poverty agency after she reported the unwanted advances.

Marbel Bocalandro Gastell is suing the Community Action Council of Lexington-Fayette, Bourbon, Harrison and Nicholas Counties and Executive Director Malcolm Ratchford for sexual harassment, creating a hostile work environment and retaliation. The lawsuit was filed Oct. 4 in Fayette Circuit Court.

The lawsuit alleges Ratchford made repeated unwanted advances that included messages expressing a desire to touch Gastell’s backside and another suggesting that he had “an erection” during a meeting with her, according to court documents.

The lawsuit also alleges Ratchford repeatedly demanded that Gastell travel to out-of-state conferences with him. When she denied his request he told her “at some point she would have to accompany him in order to remain in her position.”

According to the lawsuit, Ratchford sent texts reminding Gastell that he frequently got what he wanted “and you are one of the things that I want” and “I’m going to have you.” During that time, Gastell told Ratchford to stop making comments and unwanted advances toward her, according to the lawsuit.

Because of Ratchford’s inappropriate text messages, Gastell returned her work phone to the Community Action Council, the lawsuit alleges.

L. Scott Miller, a lawyer for the Community Action Council, said the agency is reviewing the complaint. “At this time we are not commenting or releasing any additional information until such time as we feel appropriate in order to ensure we can provide the best defense possible for our clients,” Miller said.

The Community Action Council has an annual budget of more than $26 million and employs more than 270 people, according to its website. It serves more than 31,000 people in Fayette, Bourbon, Harrison and Nicholas counties and oversees many federal, state and local anti-poverty programs, including emergency food and shelter programs and assistance with paying electricity and other utility bills.

Gastell submitted her resignation on Aug. 4 and told the nonprofit’s human resources director her decision was solely based on Ratchford’s behavior. She withdrew her resignation after the council’s human resources department asked her to stay while they conducted an investigation, according to the lawsuit.

Gastell called Ratchford’s then-girlfriend, who she knew, to let her know about her attempted resignation.

“Mr. Ratchford’s girlfriend instead informed Ms. Gastell that she was aware that Mr. Ratchford had engaged in this behavior with at least three other co-workers at Community Action Council, “ the lawsuit alleges.

A law firm was retained to investigate the complaint. Gastell provided her personal cell phone to the law firm and responded to all interview requests, but the investigator from the law firm accused Gastell of keeping a secret “burner” phone used to communicate with Ratchford, according to the lawsuit.

“The allegation was false,” the lawsuit said.

Gastell also was told she did not have enough evidence to support her allegations against Ratchford, according to the lawsuit.

Gastell later provided the names of two other employees who were allegedly subjected to similar behavior by Ratchford, but was told the testimony of those employees would not be sufficient to take action against Ratchford unless they could document the alleged behavior, according to the lawsuit.

“Mr. Gastell was instructed not to contact any more witnesses or collect any more relevant evidence,” the lawsuit said.

Nick Wallingford, a lawyer for Gastell, said his client believes Ratchford “has a systemic record of engaging in inappropriate relationship with employees.”

The law firm and human resources department confirmed to Gastell on August 16 that Ratchford would be punished but would remain executive director. They would not tell her how Ratchford would be punished.

According to the lawsuit, Gastell later learned the nonprofit’s executive committee had imposed punishment that included suspension of pay for two weeks, sexual harassment training and a prohibition on taking annual leave or vacation for 120 days, according to the lawsuit.

Ratchford, though, took a vacation shortly after being disciplined, the lawsuit alleges.

After the investigation, Gastell was informed she had violated a Community Action Council policy that requires employees to disclose a personal relationship with a colleague “by failing to ‘timely’ report the inappropriate conduct.”

Meanwhile, Gastell was removed from her job and moved to a different office, where her title and job duties were changed. Although Gastell was told she was being transferred to a “managerial” position, other people in the same position make more money than her, according to the lawsuit.

Court documents also allege that on Aug. 28, Gastell was denied a salary increase at a time when numerous other employees received a raise, despite her outstanding performance evaluations

“Her job duties have changed,” Wallingford said. “She has been demoted in every aspect except a pay decrease.”

Gastell has had to seek medical treatment as a result of the alleged harassment and the “botched handling of her complaint of sexual harassment,” according to the lawsuit.

This is not the first time that Community Action Council has been accused of failing to fully investigate sexual harassment complaints.

In a 2004 lawsuit, it was alleged that Community Action Council executive staff were informed that the then-supervisor of the Harrison County office had sexually harassed one employee, but the supervisor was not suspended until a second employee came forward with another allegation that was brought forth by an attorney.

During the time between the first and second report, the supervisor allegedly sexually assaulted a third employee at least three times. The supervisor was eventually terminated in 2003, according to court documents.

This story was originally published October 15, 2018 at 10:57 AM.