KY judge dismisses ex-House staffer’s whistleblower complaint in Hoover scandal
Franklin Circuit Court Judge Philip Shepherd dismissed a whistleblower complaint Friday that a former House Republican staffer filed against the Legislative Research Commission, claiming she was retaliated against for shedding light on a secret sexual harassment settlement involving four Republican lawmakers in 2017.
In his order, Shepherd said Daisy Olivo, the former communications director for the House Republican Caucus, appropriately reported the existence of the settlement, which was made between four representatives — former House Speaker Jeff Hoover, Rep. Michael Meredith, former Rep. Jim DeCesare and former Rep. Brian Linder — and a staff member in the House of Representatives. Shepherd, though, said there was no evidence that Olivo was retaliated against or fired because of her disclosure.
Shepherd’s decision closes one of the remaining open wounds from the 2017 sexual harassment scandal that rocked the Capitol and took down the first Republican House Speaker in Kentucky in nearly a century. The lawsuit produced several controversial documents and motions, such as a deposition by the staffer who reached the settlement agreement that accused Hoover of inappropriate sexual contact.
Hoover has announced he will not seek reelection in 2020.
In her complaint, Olivo claimed that after she reported the settlement to the Legislative Research Commission, she was relieved of her duties as communications director and then ultimately fired by House Speaker David Osborne. But in his 15 page opinion, Shepherd said the decision to remove Olivo from her duties could not be considered retaliation because there was “no additional penalization such as loss of pay or benefits.”
He went on to say there was no evidence she was fired for reporting the settlement to the LRC.
“Plaintiff has not provided any factual support for a finding that plaintiff’s disclosures were a contributing factor in Speaker Osborne’s decision to terminate plaintiff,” Shepherd wrote. “Plaintiff’s ultimate termination appears to have been part of a routine staff turnover following a change in leadership in the House Speakership.”
Further complicating Olivo’s whistleblower complaint was her status as a non-merit staffer, or political appointee, who was paid by the LRC but worked directly for the House Speaker. Shepherd said that to take the case to a jury would risk overstepping the separation of powers between the judicial and legislative branches.
“It would stretch the boundaries of appropriate judicial oversight for this court, or a jury, to delve into the internal thought processes and motives of the current or former Speaker of the House in selecting or retaining high level legislative staffers who report directly to the Speaker and are required by their job duties to handle confidential and privileged communications,” Shepherd wrote.
Another whistleblower complaint, filed by former House Clerk Brad Metcalf, is pending in Franklin Circuit Court before Judge Thomas Wingate.
This story was originally published January 3, 2020 at 3:43 PM.
