Beshear’s juvenile justice commissioner fired for alleged harassment
The Beshear Administration acknowledged Wednesday night that LaShana M. Harris has been fired as state juvenile justice commissioner following an investigation of alleged harassment.
In response to an Open Records request from the Lexington Herald-Leader, the Personnel Cabinet released a March 23 letter from Personnel Secretary Gerina D. Whethers informing Harris of her dismissal, effective immediately, because of alleged harassment and bullying.
“You are being dismissed from your position with cause because you have violated the Executive Branch policy statement on harassment prevention, the Justice and Public Safety Cabinet’s policy against harassment, the Department of Juvenile Justice’s anti-harassment policy and for lack of good behavior and unsatisfactory performance of duties,” the eight-page letter said.
“The Beshear Administration does not tolerate harassment of any kind,” Whethers wrote. “All employees must avoid offensive or inappropriate behavior at work. Further, all employees are responsible for assuring the workplace is free of harassment at all times.”
Gov. Andy Beshear said Thursday in a statement that “I trust the process used by Personnel Cabinet Secretary Gerina Whethers to investigate complaints and take the necessary actions.”
He said later at a news conference that the Personnel Cabinet handled the entire investigation and he filled out the paperwork to give Whethers the authority for the dismissal.
Whethers’ letter to Harris said Harris was placed on special investigative leave Dec. 23, 2020 so that complaints of harassment submitted by several of her employees could be investigated. The Personnel Cabinet was asked to conduct the investigation.
The Herald-Leader reported Monday that Harris, whom Beshear appointed to the position in December 2019, had been on leave and under investigation for months. State officials had declined to say why.
When asked Monday why Harris was on leave, Beshear said it “is a matter being handled directly at the Personnel Cabinet and we will work to get a comment from those folks.” He did not elaborate.
The Personnel Cabinet confirmed the firing Wednesday after the newspaper submitted an open records request about her status in the $115,000-a-year state job. The cabinet, the Justice Cabinet and the governor’s office did not respond to emails Tuesday asking for any developments in her employment.
In her letter to Harris, Whethers said the dismissal is justified based on applicable state statutes, investigatory reports provided by the Justice and Public Safety Cabinet, independent investigations and information provided by state employees from January 2020 through January 2021.
The letter said the justice cabinet had received numerous complaints and grievances regarding Harris’ conduct toward several state employees.
“These employee complaints were communicated through emails, verbal report, the anonymous RedFlag reporting system, audio clips and the state employee grievance system,” said the letter.
On Dec. 23, 2020, “after attempting to resolve said complaints” with Harris and meeting with her in February 2020, officials in the justice cabinet asked the Personnel Cabinet to investigate.
The investigation found 21 allegations that revealed Harris “exhibited conduct that was harassing, intimidating, bullying and verbally aggressive,” the letter said.
It listed some of the incidences it called “most concerning.”
An employee said Harris was “rude, combative and embarrassed him during several virtual meetings with employees,” the letter said.
Several employees confirmed the “poor treatment,” the letter said.
One employee, the letter said, recalled on one occasion that Harris made her cry after she spoke to her in a “very nasty” manner.
The department ombudsman, Walter Wright, reported that he often heard Harris yelling from her office and that he tried to stay away from her. Administrator Melanie Jenkins said she witnessed Harris using a condescending and bullying tone with an employee on several occasions.
“Ms. Jenkins reported that her interactions with you were often very uncomfortable also and that on more than one occasion you almost brought her to tears,” the letter said.
Some employees alleged that Harris’ bullying nature continued by unfairly excluding employees from meetings and that she would say she had “spies everywhere” who allegedly would tell her what some employees were saying about her.
“Your actions created a toxic environment that drove many employees to tears and unnecessarily made employees take action to avoid contact with you,” Whethers told Harris.
Whethers said Harris continued to engage in bullying, intimidating and inappropriate behavior “even after meeting with management.”
The letter said Justice Secretary Mary Noble met with Harris in early March 2020 to give verbal counseling to Harris in regard to her management style.
Last June 19, Noble and Deputy Secretary Ronnie Bastin met with Harris for a third time to discuss her conduct, the letter said.
But the letter said Harris “blatantly refused” to follow orders after the meetings.
The letter said Harris displayed “inconsistencies and lack of truthfulness.”
Prior to becoming commissioner, the letter said, Harris failed to disclose that an Equal Employer Opportunity investigation had been conducted by the cabinet into several employee complaints about her conduct and that a report had been issued in November 2019 “which substantiated that you engaged in loud and unprofessional behavior that caused several employees mental anguish and physical distress.”
Harris began employment in the Department of Juvenile Justice in 2011, when she was appointed assistant director of the program services division.
Beshear appointed her as juvenile justice commissioner in December 2019.
“There are no disciplinary actions in her official personnel file,” the report said. “Her file does contain a letter reflecting that she was terminated without cause” as a division director in the Cabinet for Health and Family Services on Aug. 20, 2010.
The letter said Harris denied to investigators in March 2021 that she ever made a statement that she had “spies or friends everywhere,” but an audio clip contradicted her statement.
Whethers informed Harris that she may appeal the dismissal to the state Personnel Board within 30 days after she leaves.
The Personnel Cabinet also provided the Herald-Leader with a 30-page letter its legal services office and administrative services office sent to Whethers on March 17 summarizing the investigation related to allegations of misconduct by Harris.
It said allegations that Harris “violated policies based upon sexual harassment are unsubstantiated,” along with allegations from two employees of retaliation and allegations of reverse discrimination.
While Harris was on leave, any necessary executive decisions pertaining to the department were being handled by Justice and Public Safety Cabinet Deputy Secretary Bastin. He is a former Lexington police chief. The cabinet’s secretary, Noble, is a former Kentucky Supreme Court justice.
Harris, a native of Danville and a graduate of the University of Kentucky College of Law, is the first Black woman to head the department. She has done extensive work in juvenile justice and has worked in state government for more than 19 years in various leadership positions.
The University of Kentucky says Harris received a law degree in 1996 but the Kentucky Bar Association does not list her as a member and “has no records of her ever being a member of the KBA.” The Kentucky Supreme Court rules say all persons admitted to the practice of law in this state shall be members of the association.
The state’s website on the juvenile department says it “provides a range of services to sentenced, committed, probated, and detained youth and their families, creating opportunities for those youth to develop into productive, responsible citizens while enhancing public safety.”
It is one of the five departments under the justice and public safety cabinet. It was established in 1996.
This story was originally published March 24, 2021 at 7:57 PM.
