FRANKFORT, Ky. (Legal Newsline) - The Kentucky Supreme Court has found it appropriate to remove one of the state's circuit court clerks from office after investigating claims of sexual harassment and hostile work environment brought by two women in the office.
Acknowledging the "gravity of removal of an elected official from office," the court found it warranted in the case of Pulaski Circuit Court Clerk JS Flynn in a March 14 opinion by Chief Justice Laurance VanMeter.
Though Flynn refuted the allegations, the court found "clear and convincing evidence" Flynn sexually assaulted one woman in a vehicle and placing his hand up her dress while in the office.
He also engaged in "frequent and offensive unwanted physical touching" of other females, the court said, while asking them to call him "daddy" and calling parts of their bodies "bacon."
"We further find that Flynn also engaged in quid pro quo harassment by changing (Tabitha) Burnett's supervisor and referring to her in numerous derogatory ways after she ended their relationship," the decision says.
"Finally, we also conclude Flynn violated his obligation to perform his duties with courtesy and respect when he chased, yelled and cursed at (Ashley) Haste in front of his staff and members of the public."
Burnett started the investigation with a complaint in March 2022 with the Administrative Office of the Courts. She had engaged in a brief sexual relationship with Flynn the year prior that was not reported.
Burnett claimed years earlier on a return from lunch with Flynn and another co-worker, Burnett pulled her from the front seat into the back seat, forcefully kissed her on the face and neck, pulled up her shirt and kiss her breast and exposed himself while the two women screamed for him to stop.
Flynn said that never happen and could never have happened because he has two 14-inch surgically inserted rods in his back that would make pulling someone from the front seat impossible.
Burnett also alleged he put his hand up her dress in front of two others at work. Another incident occurred the day before she filed her complaint.
It was alleged Flynn pushed her out of an office and then slammed the door in her face, then slammed the door in Haste's face. When he cursed at Haste, a customer started to cry, it was alleged.
Flynn claimed he did this in reaction to Burnett and Haste repeatedly interrupting him during an important meeting and Haste bumping him in the face with the door.
A three-day evidentiary hearing started in May 2023 before a special commissioner, and two months later she filed the official findings on which the court's decision to remove him from office relied.