09/18/2015 12:18 PM 6062860151 2015-09-18 13:21 vs. Boyd Circuit Clerk BOYD DIVISIG) CIVIL ACTION Na: LESLIE DONTA . flannery law 606 7395793 6062860151 HOFKENTUCKY UIT COURT as-cx- - PLAINTIFF DEBBIE JONES, IN HER OFFICIAL CAPACITY AS BOYD COUNTY CLERK Serve? via ce?i?ed mail at: Hon. Stave Towler, Judge Executive PO Box 423 - 2800 Louisa Street Catlc?ptsburg, KY 41129 and BOYD COUNTY FISCAL COURT Serve via certi?ed mail at: 4 Hon. Sre?Ve Towler, Judge Executive PO Box 423. I 2800 Louisa Street KY 41129 DEFENDANTS COWI..AJNT AND JURY DEMAND 1. The Plaintiff, Leslie Donta, brings this action again?t the Defendants pursuant to KRS 61.103C2). g: 2. The Plaintiff, Leslie Denna, was, at al the Boyd County Clerk?s of?ce. times mentioned herein, an employee of F1150 Tr I 4* 1:1: 9: 2 By 5T COURT Dc 0002/0007 1/6 . 0003/0007 09/18/2015 12:18 FAX 6062860151 flanner?y la? I 2015-0948 13:22 Boyd Circuit Clerk 606 7395793 6062860151 2/6 5 \mx' Atoll times releme Debbie asthe 'ele'oiedsofiioohoider. of the Boyd: Count? ?Clerk?s of?ce. 4. At ail times'relevant herein, the Plaintiff reached her pay from the Boyd County tFisoalCourt." I . 5 .i?I?he" Boyd Count); .Cierk [and the'Bojni?Couhty Fiscal Court derive their opeia?ng ieizenlies moieties, fees and grants. 6. The Plaintiff began her continuous employment in the Boyd County Cierk?s of?ce in ebmary 2011, primarily transfen'ihg micm?lm onto a computerized system along with other duties, and received the title of Deputy Clerk in that of?ce when a position-came open on or about the month of May 2015. 7 . On or about, May 11, 2015, the Plaimiff?recognized after work that money was missing from her pufse. 8. Upon recognizing that money was roissing from her purse, the Plaintiff contacted Defendant Debbie Jones to report this in?ammation to her. 9. was informed the next day at work that the Debbie Jones? daughter, Tiffany Jones, also a Deputy Cierk, wa?-seen near the'Plaintiff?s purse wi?lc the PlaintiiT went .to the :resu'oom. I 10. Immediately, Tiffany Jones became a suspect of the the?, because upon personal knowledge and belief, Tiffany Jones is be} ieved to be a suspect in another theft of stealing money from a purse inside the Couzrihouse._ I 11. on or about May 15,2015, Trooper 313m Ryiand ofthe Kentucky State Police contacted the Piainti??. 095/18/2015 12:18 FAX 6062860151 flannery law - 0004/0007 2015-09-18 13:22 Boyd Circuit Clerk 606 7395793~>> 6062860151 3/6 12. TroOper Jim Ryland was assigned by the Kentucky State Police to investigate money being stolen?'om the purse of thePIaintiff. and another purse from-an employee of the Judge Exeoutive?s office. 13. hSQmetimea??er Trooper. Ryland spoke with the Plaintiff; Debbie JOnes verbally to her employees that they were to not speak to anyone, include law enforcement on this issue. 14. After the Plaintiff Spoke with Trooper Ryland, the Plaintiff noticed a change in the treatment that she received froth. Boyd County Clerk Debbie Jenes during hours. 15. The relationship and ?oquoncy of communication after work hours between the Plaintiff and Debbie Jones also changed with minimal communication. 16. On 0r about the. 1.9?1 day of June, 2015, the Plaintiff telephOned Debbie Jones after work hours to discuss the diminished relationship and communication between the two, to no avail. The Plainti?expr?BS 36d that she was concerned about the mismanagement in the of?ce because it was known that employees may be stealing ?fromother employees and management needed to step in and protect the employees. 17.? During this June 19"? telephone conversation, Defendant Jones told Plaintiff that she heard to many moors, was not going to discuss anything thriller, and was hanging up the phone. 18. Door about Monday, June 22, 2015, Defendant, Debbie Jones asked the Plaintiff to come into her of?ce to Speak with hot. No other oersons besides those two were present. 0005/0007 09/18/2615 12:19 FAX 6062860151 flannery law I 2015-0948 13:22 - Boyd Circuit Clerk 606 7395793 6062860151 4/6 ?19. At: that tiam, i'thenefeadant, Debbie Jones infomed the Plaintiff that she was being ?red as a Deputy Clerk. 201 The reason. giVen'by Debbieloses go the?ainti?' for. the ?ring was for ?gossiping-at WOrk21. Anotiier deputy clerk-by. the name 0:1"Lyon Jarvis was ?red by Debbie Jones around the same time the Plaintiff was and was informed thai she too was being ?red for ?gossiping? at wark. 22. Jarvis applied for unemployment and Debbie Jones sitempl'ed to 1'th unemployment: bene?ts by replying to the unemployment of?ce that Jarvis was terminated for good cause, with said cause being ?gossiping? at work. 23. Jarvis was the only other anoloyoe besides the Plaintiff who was contacted by and spoke with Trooper Jim Rylan?d. i 24. Jaxvis also had a desk near the Plaintiff anti was the perscm who infomed the Plaintiff that she saw Tiffany Jones near her purse that day while Plaintiff was in the bathroom. COUNT i (WHISTLEBLOWER LAW KRS 61.10?! at. sag.) 25. Plaintiff Donta incorporates as if full)r restated all ofl?he allegation previously written. 26. ?Plainti? Donta, at all times mentiOHed herein, was employed as a Deputy Clerk, Wthin-thc: Boyd County Clerk?s of?ce, and received pay from the Boyd County Fiscal Court, and as such Was an employee: protected under the Kentucky Whistleblowor Act. 00/18/2015 12:19 FAX 6062860151 Boyd Circuit Clerk 27. TheiPiaintiffoommunicated will: Trooper. JianRyland, when he telephuned her, and she-gave lief accoutlt as: to what happ?ned to the mon?y thal was stolen from her at her workpieoe; being theLBoyd-County flannery law 606 7395793 6062360151 I?ve?n" Clerk?s of?ce, 28. The Plaintiff reported the thefts to Debbie Jones, and questioned the downing. mismanagement that was? occurring in the of?ce When employeothefts were 29. As a result of Plaintiff?s communication with Trooper Jim Ryland, and her reports to Defendant Jones about the mismanagement of employees in the Clerk?s office; that the Plaintiff was squect to reprisals by Defendant Debbie Jones, which included a verbal reprimand, a diminished relationship and ultimately being ?red ?'om the of?ce; 30. As a result of hot communication Wi?l with the Kentucky State Police?s investi?g within the-Boyd County Courthouse and Trooper Jim Ryland and her cooperation ttionto money? being stolen from purses was {eliminated in violation of KILS. 61..l02, ct. soq., which is more commonly known as the ?Whistleblower? statute. WHEREFORE, the Plaintiff prays and demands as follows: 1. For trial byjury; 2. For compensatory and punitive damages; 3. For reasonable attorney fees and costs pursuant to KRS 61.99004); and 4. Any and all other legal and/or equitable rel 361? in which Plaintiff may appear entitled. :ubsequent retaliation, Plaintiff Leslie Donia 0006/0007 5/6 00/18/2015 12:19 FAX 6062860151 1 annery aw 606: 7395793 6062860151 - Boyd Circuit Clerk 3w. RESPECTFULLY SUBMITTED BY: FLANNERY LAW, PLLC 1210007/0007 6/6 PATRICK c. v.0, BOX 1269 TEL: 606-286?9038 FAX: 606486-015] EMAIL: ?annerylaw@gmail.com Connsel for Plainti?? and ls/Shane C. Sideboltem- OLIVE HILL, KENTUCKY 41164 SHANE C. ZIEGLER SCHNEIDER, PSC PD. BOX 17571 0 KY 41017-5710 TEL: 85 9392-4283 FAX: 859?426-0333 EMAIL: ssidebottom@zs1aw.com Co?CounselV-to Plaintiff VERIFICATION The underSigned, LESLIE the Pia. ntiff herein, states that she has read the foregoing Complaint and the statements contained therein are true and correct to the best of her knowleglge and belief. . LIE DONTA COWONWEALTH OF KENTUCKY COUNTY OF CARTER Before me this 4'11 day of 2015, appeared LESLIE DGNTA who acknowledged sheexecuted the foregoing Complaint as her free act and deed. My Commissittm expires: 1/12/1 8 LL iaamck'?iz?nnery, Nomy Public