Out Like Flynn

The Kentucky Supreme Court has removed an elected Circuit Court Clerk from office

On March 23, 2022, [Deputy Clerk] Burnett filed a complaint against Flynn with the Administrative Office of the Courts (“AOC”) alleging several incidents in which Flynn engaged in inappropriate workplace behavior. While Flynn contested many of Burnett’s allegations, by his own admission he engaged in a brief sexual relationship with Burnett, his subordinate, in late 2021. Flynn acknowledges he did not report this relationship and the resulting conflict of interest as required. Flynn also does not dispute that he physically poked some of his employees in the office on work time to tease or scare them. He further acknowledges yelling and cursing at office staff in front of the public in March of 2022.

There were other allegations brought against Flynn both by Burnett and a co-worker and deputy clerk, Ashley Haste. Other than the admitted conduct outlined above, Burnett also alleged that two to three years prior, she went to lunch with Flynn and another co-worker Hanna Garner. Burnett further alleged that while riding back from the lunch in Garner’s car, Flynn pulled Burnett from the front seat into the back seat of the vehicle, forcefully kissed her on the face and neck, pulled up her shirt and kissed her breast, and exposed himself, all while Garner and Burnett screamed for him to stop. Flynn denies the incident occurred, pointing out that he has two fourteen-inch surgically inserted rods in his back he contends would make it physically impossible for him to engage in the conduct described by Burnett.

Burnett further alleged in her complaint to AOC that for years, Flynn would rub her back, hair, and legs in the office. Burnett also alleged that in one incident, Flynn put his hand up her dress in front of her co-worker Haste and a bailiff, Junior Fortenberry. Haste has served as an administrative support specialist for the Pulaski District Court for fourteen years. Flynn denies this incident occurred.

Finally, Burnett also alleged that the day before she filed her complaint, Flynn pushed her out of an office, slammed the door in her face, slammed the door in Haste’s face, and then proceeded to curse and yell in Haste’s face, causing a customer to cry. Burnett stated she was afraid to go to work because she felt threatened and was verbally and sexually harassed by Flynn.

The court rejected due process contentions and found good cause for removal

A circuit court clerk’s creation of a hostile work environment violates the Workplace Policies and the Circuit Court Clerk Code, and thus constitutes “a legal cause which affects the ability and fitness” of the clerk “to perform the duties of the office.” Nicholson, 562 S.W.2d at 308. That is, creation of a hostile work environment is “good cause” for removal of circuit court clerk. See id. Here, we find by clear and convincing evidence that Flynn created a hostile work environment by 1) sexually assaulting Burnett in Garner’s vehicle, 2) placing his hand up Burnett’s dress in the workplace, 3) engaging in unwanted touching of and flirtation with Burnett, 4) physically touching other co-workers, asking them to call him “daddy,” and referring to parts of their bodies as “bacon,” and 5) intimidating female staff, including by screaming and cursing at his employees in front of other staff and the public and by referring to female staff and customers in derogatory and sexualized ways.

Further

Flynn’s conduct created a hostile work environment not only as to Burnett, but also as to numerous other female employees in the office. Those employees testified that Flynn engaged in repeated unwanted physical touching of female employees, referred to himself and asked others to refer to him as “daddy,” made crude sexual comments regarding women’s body parts and his own sex life, and referred to women’s body parts as “bacon.” Moreover, the photographic evidence introduced at the evidentiary hearing further suggests Flynn permitted, if not encouraged, an inappropriately sexualized workplace. Indeed, photographs of one office costume party depict Flynn surrounded by female employees wearing fishnet stockings, knee-high leather boots, tops with plunging necklines, and extremely short dresses—one apparently part of a cheerleader costume with “PLAYBOY” written in large letters on the front. Finally, Flynn’s inappropriate conduct also extended to intimidation of his female staff by screaming, cursing, and derogatory and sexualized comments that subjected them to humiliation not only in front of their fellow co-workers but also the public more generally.

In sum, the overwhelming weight of the testimony and evidence presented at the hearing establishes by clear and convincing evidence that Flynn created a hostile work environment. Certainly, Flynn’s sexual assault of Burnett in Garner’s vehicle satisfies that standard. Moreover, in considering the entirety of Flynn’s conduct as whole, it is plain he frequently engaged in severe and physically humiliating sexual harassment of Burnett and other female employees that unreasonably interfered with the functioning of the workplace and created an intimidating, hostile, and offensive environment. On this basis alone we would find the admittedly severe sanction of Flynn’s removal from office warranted.

WKYT reported  that, in the words of Yogi Berra, it ain’t over till it’s over

While Thursday’s ruling removed Flynn from office, his six-year term was up this year. The Pulaski County Clerk’s Office says Flynn already filed to be on the November ballot, and he’s also the only person to do so.

In its ruling, it said, “We hereby remove Flynn from the office of the Pulaski Circuit Court Clerk for the remainder of his term. The Office of the Pulaski Circuit Court Clerk is declared vacant.”

The ruling didn’t explicitly bar him from seeking public office again.

So what happens if he’s re-elected? The Kentucky Secretary of State’s office says the Supreme Court could remove him again, or the General Assembly could impeach him.

(Mike Frisch)