Fired Lexington deputy jailer sues over claims of ‘vicious and wrong’ termination
The former deputy director of the Fayette County Detention Center has filed a lawsuit challenging his termination over questions whether he falsified information on a family medical leave form to care for a sick relative.
Harold “Mike” Byrne, who has been employed at the Fayette County Detention Center since 2019, was fired in May over discrepancies on how many days he would be away to take care of his sick mother who was receiving cancer treatment in another state.
According to documents the Lexington Herald-Leader obtained through an Open Records Act request, Byrne was accused of altering documents from his mother’s doctor’s office to take between 5 to 10 days off of work. When city officials, who were having problems reading the medical leave forms, contacted the doctor’s office they were told Byrne’s mother’s doctor had only filled in 2-3 days of leave.
Byrne appealed the decision to the Civil Service Commission, which hears disputes over disciplinary actions. The commission ultimately voted May 19 to uphold Byrne’s termination.
However, in a lawsuit filed in Fayette Circuit Court this week, Byrne said the record showed his brother had altered the forms to give him more time to travel to Nevada, where his mother lived. Byrne was not aware the documents had been altered, according to court documents. Byrne’s bother signed an affidavit saying he had altered the forms and it was not Byrne’s fault.
The lawsuit is asking Byrne to be reinstated and that he receive back pay.
‘Termination is vicious and wrong’
A lawyer for Byrne said he has been targeted because he has spoken up for front-line workers. The jail is trying to attract more employees as it is dealing with wide-spread staff shortages and plummeting morale.
“For speaking out, LFUCG’s (Lexington Fayette Urban County Government) management viciously attacked his integrity and fired him for submitting an erroneous request for medical leave without a scintilla of evidence to support these allegations,” said Eric Eaton, a lawyer representing Byrne. “His termination is vicious and wrong.”
Eaton said Byrne spoke up about conditions at the jail, angering many.
“Deputy Director Byrne wouldn’t stand idle and allow dangerous conditions to exist for employees and inmates. LFUCG wanted to silence him so they defamed him — then terminated him,” Eaton said. “It is a disgrace.”
Other disciplinary actions
Byrne has been disciplined prior to the incident involving the medical leave forms, according to records obtained by the newspaper through an Open Records Act request.
Byrne was suspended for 24 hours on Feb. 1 after he sent an email to Public Safety Commissioner Ken Armstrong regarding Fayette County Detention Center Director Lisa Farmer. That email requested to meet with Armstrong about Farmer adding that “morale was terrible... the culture toxic,” Byrne said.
Byrne then sent that email to 298 people, most of whom were jail employees. He was suspended for forwarding the email because it was “unprofessional and detrimental to operations,” according to documents.
Byrne was also issued coaching and counseling forms, which are different than disciplinary actions, in December 2020 and April 2021.
In the April 7, 2021, coaching and counseling form, Byrne was reprimanded for the way he spoke to a major at the jail. Byrne was accused of yelling at the major.
In addition, Farmer, in a follow-up email on April 13, 2021, removed Byrne from most decision-making at the facility.
“During our conversation on April 12, I informed you that commanders have little or no trust in your making the correct decision that is beneficial to the facility and/or their area,” Farmer wrote. “So until that trust is gained back, all major decisions or changes will be made by me.”
The email also hints that there have been issues with disparate treatment involving discipline.
Byrne was to monitor and review disciplinary actions, Farmer wrote in that April 12 email.
“In order to combat the issue of discipline not being given out consistently between shifts and areas, you will be reviewing all discipline to make sure it is warranted,” Farmer’s email said.
Byrne was hired by former director Steve Haney who retired in 2020. The Fraternal Order of Police Town Branch Lodge, which represents union employees, has voted “no confidence” in both Haney and Farmer’s leadership over the past three years.
