Lexington council to review harassment policies after fired Black officer’s complaints
Lexington city officials will review harassment and other policies during a council meeting after recent disciplinary hearing testimony raised questions about how the police department investigates racial discrimination in its ranks.
The Lexington-Fayette Urban County Council voted unanimously Thursday to fire officer Jervis Middleton for misconduct after he provided some information to Black Lives Matter protesters during the summer’s multiple nights of protests. For instance, Lexington police contend Middleton told protesters specific things to yell at certain officers.
Middleton fought his termination and alleged none of the information he provided protesters resulted in physical harm to any officer, nor did it give protesters insider information into police activities.
During Thursday’s hearing, Middleton’s lawyers said Middleton, who is Black, has also been subjected to repeated racial discrimination and taunts during his 14 years on the force. Middleton has been a police officer since 2007.
During a training exercise, another officer told Middleton to “turn his black a-- face around.” At a Fraternal Order of Police event in Frankfort, another officer referred to him as “token boy,” according to disciplinary hearing testimony.
A lieutenant in the public integrity unit testified Thursday he was aware of the incident during which Middleton was told to turn “his black a-- face around” but did not report it. He didn’t start an official investigation because Middleton never signed a formal complaint. The public integrity unit investigates complaints against officers.
Lexington Police Chief Lawrence Weathers testified that the department needed to make clear what officers should do if someone witnesses racial discrimination or any type of discrimination. Weathers said he would prefer the city’s human resources department investigate those allegations rather than public integrity.
During a Tuesday work session, Vice Mayor Steve Kay asked the city’s human resources department to give a presentation on how discrimination is handled across all city departments, not just the police. That presentation is scheduled for the March 2 council work session.
Kay said there is an ongoing investigation into Middleton’s allegations. That city human resources investigation was put on hold while Middleton’s disciplinary action was pending. It will now proceed since the disciplinary case is over, he said.
Kay and the council asked for the presentation because they want to make sure all departments and employees know ”LFUCG does not tolerate workplace harassment, and we take all allegations seriously,” Kay said Tuesday.
Councilman James Brown said he had received a lot of questions and concerns from the community about the city’s harassment and discrimination policies since Middleton’s police disciplinary hearing.
“This is something that we as a council are concerned about,” Brown said.
Keith Sparks, Middleton’s lawyer, said Monday Middleton is mulling appealing the firing to the Fayette Circuit Court but has not made a final decision. Middleton has 30 days to file an appeal.
This story was originally published February 23, 2021 at 5:06 PM.
