BOX 289

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS CIVIL COURT DEPARTMENT

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

STEPHEN MAXWELL, individually and )

in his official capacity as Senior Deputy )

District Attorney of Johnson County, Kansas.)

Serve: )

59 Monarch Ln. )

Hutchinson, KS 67502 )

)

) )

THE STATE OF KANSAS, )

Serve at: )

Stephen Six, Kansas Attorney General)

Memorial Hall, 2nd Floor )

120 SW 10th Street )

Topeka, Kansas 66612 )

) )

JACQIE SPRADLING,

an individual,

PLAINTIFF,

v.

PHILL KLINE, individually and

in his official capacity as the District Attorney of Johnson County, Kansas,

Serve:

115 Sandidges Road Amherst, VA 24521 Or

Liberty University School of Law 1971 University Blvd. Lynchburg, Virginia 24502

And

And

And

Case No. I o C V Jf1'-15

----,r---

Division .l/ K.S.A. Chapter No. 60

CLERK Of DISTRICT COURY

:r JOHNSON CCUNTY.KS 9l

'20fOHAY 26 PM I: 09' ",\j

THE COUNTY OF )
JOHNSON COUNTY, KANSAS, )
Serve: )
c/o County Clerk )
111 S. Cherry, Suite 1200 )
Olathe, Kansas 66061 )
)
And )
)
ERIC RUCKER, )
an individual, )
Serve: )
201 S Karner Street )
Altamont, Kansas 67330 )
)
And )
)
LINDA CARTER, )
an individual, )
Serve: )
Western Grove, Arkansas )
)
DEFENDANTS. ) VERIFIED PETITION FOR SEX DISCRIMINATION AND RETALIATION

COMES NOW Plaintiff Jacqie Spradling ("Spradling"), by and through her attorneys and

for her cause of action for sex discrimination and retaliation against Defendants states as follows:

NATURE OF PLAINTIFF'S CLAIMS

Spradling seeks monetary damages, including back pay and future lost wages, declaratory

relief, punitive damages, costs and legal fees based upon Defendants' sex discrimination and

retaliation. Plaintiff's claims are brought pursuant to the Kansas Acts Against Discrimination

("KAAD"), K.S.A. § 44-1001et seq.

PARTIES

1.

Spradling is an individual resident of Miami County, Kansas, and at all times

relevant to her claims against Defendants was employed in Johnson County, Kansas.

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2. At all times relevant to Spradling's claims, Defendant Phill Kline ("Kline") was

one of Spradling's employers as defined by the KAAD, and was an officer of the State of Kansas

as the District Attorney for Johnson County, Kansas, who controlled the terms and conditions of

Spradling's employment, and was a resident of Johnson County, Kansas.

3. At all times relevant to Spradling's claims, Defendant Stephen Maxwell

("Maxwell") was one of Spradling's employers as defined by the KAAD in his position as

Johnson County Senior Deputy District Attorney for Johnson County, Kansas, who controlled

the terms and conditions of Spradling's employment, and was a resident of Johnson County,

Kansas.

4. As an employee in the Johnson County District Attorney's office ("DA's

Office"), the Defendant State of Kansas ("State") and Defendant County of Johnson County,

Kansas ("County") also employed Spradling and controlled the terms and conditions of

Spradling's employment.

5. The State and the County, qualify as "employers" under K.S.A. § 44-1002(b).

6. Kline and Maxwell also acted directly on behalf of the County and State, and

qualify as "employers" under K.S.A. § 44-1002(b) in their individual capacities and in their

capacities as officers of the County and the State, and are subject to personal liability under the

KAAD.

7. Defendant Eric Rucker ("Rucker") worked in the DA's Office as an Assistant

District Attorney and was a County employee at all times relevant to Spradling's claims, and was

a resident of Johnson County, Kansas.

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8. Defendant Linda Carter ("Carter") worked in the DA's Office as the Office

Administrator and was a County employee at all times relevant to Spradling's claims, and was a

resident of Johnson County, Kansas.

9. Rucker and Carter have aided and abetted Kline and Maxwell, and are liable

under K.S.A. § 44-1009(a)(7), regardless of whether they qualify as an "employer."

10. Maxwell aided and abetted Kline, and is liable under K.S.A. § 44-1009(a)(7),

regardless of whether he qualifies as an "employer."

VENUE AND JURISDICTION

11. Venue is proper in this Court against Defendants pursuant to K.S.A. § 60-608 and

against each Defendant as follows:

a. Venue is proper in this Court against the County pursuant to K.S.A. § 60-602(2)

because the suit is against a public officer for acts done by virtue of his office, or

under color of his office, and for neglect of his official duties;

b. Venue is proper in this Court against Kline and Carter pursuant to K.S.A. § 60-

605(3) because Spradling's cause of action arose in Johnson County and, based

upon information and belief, Kline and Carter are no longer residents of Johnson

County;

c. Venue is proper in this Court against Maxwell and Rucker pursuant to K.S.A. §

60-603(3) because the cause of action arose in Johnson County, Kansas; and

d. Venue is proper in this Court against the State pursuant to K.S.A. § 60-608 and

K.S.A. § 75-6103(b)(1).

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12. Pursuant to KS.A. § 60-301 et seq. and KS.A. §§ 60-308(a)(2), 60-308(b)(1)(A)-

(B), Kline and Carter are subject to the personal jurisdiction of this Court, and are subject to

service of process by personal service.

13. Pursuant to K.S.A. § 60-301 et seq. and K.S.A. § 60-303(d), Maxwell and Rucker

are subject to the personal jurisdiction of this Court, and are subject to service of process by

personal service.

14. Pursuant to KS.A. § 60-301 et seq. and KS.A. §§ 60-303(d) and 60-304(d)(1),

the County is subject to the personal jurisdiction of this Court, and is subject to service of

process, by personal service.

15. Pursuant to K.S.A. § 60-301 et seq. and K.S.A. §§ 60-303(d) and 60-304(d)(5),

the State is subject to the personal jurisdiction of this Court, and is subject to service of process,

by serving the attorney general or an assistant attorney general of Kansas by personal service.

16. Pursuant to K.S.A. § 20-301 and § 20-302 this Court has subject matter

jurisdiction over this dispute.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

17. Spradling's employment in the Johnson County District Attorney's Office was

involuntarily terminated on April 24, 2007.

18.

Spradling timely filed a Charge of Discrimination with the Kansas Human Rights

Commission ("Commission") against Defendants on or about July 30, 2007, as amended on

September 4, 2007 and December 3, 2008 (Exhibit A), alleging that Defendants violated the

KAAD by discriminating against Spradling on the basis of her sex and for retaliation after she

complained of such discrimination.

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19. On December 22,2008, Spradling's counsel delivered a notice pursuant to K.S.A.

§ 12-105b(d) (Exhibit B) that Spradling intended to file a civil suit against the Defendants and

requested that the Clerk of the Board of County Commissioners submit the claim for review to

the Board of County Commissioners of Johnson County ("Board") as follows:

a. By hand delivery to Casey Joe Carl (the Clerk of the Board) and the Board; and

b. By Federal Express to Attorney General Steve Six.

20. Spradling did not receive a response to her December 22nd Notice.

21. On November 13, 2009, after investigating Spradling's Charge, the Commission

issued a lengthy 113-page Report (Exhibit C) finding that Probable Cause existed for the

allegations contained in the Charge, and that Respondents violated the KAAD.

22. Pursuant to K.S.A. § 44-1004 and K.A.R. 21-43-1 and 21-43-2, Spradling

participated in the conciliation process through the Commission but conciliation was

unsuccessful and concluded on or about March 3,2010.

23. On March 3, 2010, Spradling requested that the Commission take the next

procedural step in the process and initiate an administrative hearing regarding the Charge and its

detailed, 113-page Probable Cause finding.

24.

On April 16, 2010, the date of the next Commission meeting after Spradling's

March 3rd request that the Commission initiate an administrative hearing, the Commission

issued its Final Order Dismissing Case for Administrative Convenience. (Ex. D.)

25. On April 26, 2010, Spradling timely filed a Petition for Reconsideration with the

Commission pursuant to K.S.A. §§ 44-1010 and 77-529(a)(1) (i.e., within 15 days after service

of the Commission's Final Order). (Ex. E.)

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26. On May 13, 2010, the Commission denied the Petition for Reconsideration in

accordance with Commission Standing Order No. 04-02 on May 13,2010. (Ex. F.)

FACTUAL ALLEGATIONS

Background

27. Spradling is an attorney, and was employed by the DA's Office from January 2,

1992 until she was involuntarily dismissed on April 24, 2007.

28. During Spradling's 15 years of employment with the DA's Office, she was

promoted to the positions of Assistant District Attorney I, Assistant District Attorney II, Lead

District Attorney, Senior District Attorney, and Section Chief of the Domestic Violence unit.

29. As Section Chief of the Domestic Violence Unit, Spradling supervised a staff of 4

attorneys and three interns, worked closely with law enforcement personnel, maintained a

caseload of over 400 points, assigned cases within the unit, supervised the prosecution of nearly

2,000 cases in 2006, trained her staff and law enforcement personnel in the area of domestic

violence and made regular court appearances for hearings and trials.

30. At the time of the events relating to Spradling's claims, Spradling worked for the

DA's Office as Section Chief of the Domestic Violence Unit.

31.

On January 8, 2007, Kline was sworn in as the Johnson County District Attorney

and Maxwell began employment as the Senior Deputy District Attorney in the DA's Office.

32. Kline and Maxwell: (a) tolerated incompetence on the part of male attorneys; (b)

targeted female attorneys, including Spradling, for unwarranted criticism; (c) took

responsibilities and duties away from Spradling in response to her allegation that they

discriminated against females; and (d) took intrusive and extraordinary steps to obtain

information about her conversations and activities.

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Removal of Spradling's Duties

33. On January 11, 2007, Spradling's responsibilities for a homicide case were

removed from her and transferred to Maxwell.

34. Kline ordered Spradling to lie to the detectives assigned to the case, and to falsely

state that Spradling had asked to be removed from the case.

35. Kline's subsequent explanation for the transfer was unfounded and pre-textual.

36. During the month of January, several of Spradling's team members resigned due

to the office environment or Kline terminated them.

37. Kline placed new attorneys in some of the open positions, but the individuals had

little to no experience with criminal prosecution.

38. When Spradling requested that her team be staffed adequately, Kline told

Spradling that she had to ask a certain number of times before he would provide replacements,

and later told Spradling she was 'just a bitchy woman."

39. Spradling was demoted from working on homicide cases due to her gender, and

was informed that all homicide cases would now be reassigned to Maxwell.

40. On March 22, 2007, Maxwell attempted to exclude Spradling from participating

in "Operation Park Seven", which she had assisted with planning and coordinating.

41.

When Spradling informed an Olathe Police Department Sergeant that she would

not be present at the operation, he asked that she attend to assist the law enforcement officials

with any domestic violence questions.

42. Maxwell was furious that Spradling was invited by the Olathe Police Department

Sergeant, and the following day removed all of Spradling's on call responsibilities.

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43. On April 4, 2007, Spradling was further singled out and harassed by Maxwell,

when he "relieved [Spradling] from any further responsibility" regarding a possible domestic

violence charge. (Ex. A at Ex. 5.)

44. As Section Chief of the Domestic Violence Unit, Spradling was responsible for

assigning cases to her staff.

45. On April 11, 2007, Spradling learned that Maxwell had reassigned a case to an

individual outside the Domestic Violence Unit after Spradling had assigned the case to one of

her staff.

46. Spradling emailed Kline, Maxwell and Rucker to ask if her duties as Section

Chief had been removed from her but received no response.

47. On April 12,2007, Spradling again emailed Kline, Maxwell and Rucker to ask if

her role in assigning domestic violence cases had been removed.

48. Spradling explained the potential consequences of assigning domestic violence

cases outside of the unit, and requested that she be allowed to assign domestic violence cases.

49. Alternatively, Spradling asked that if cases were to be assigned outside of the

Domestic Violence unit, that she be allowed to provide the specific training necessary to

successfully prosecute such cases.

50.

On April 13, 2007, Maxwell reassigned a major domestic violence case from

Spradling to another prosecutor who was not a member of the Domestic Violence unit.

Kline's Rejection of Policies Preventing Sex Discrimination and Retaliation

51. On January 12, 2007, Kline notified the Johnson County Board of

Commissioners' attorney that Kline's office would not follow the County's policies regarding

hiring and firing procedures.

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52. After rejecting the County's policies regarding hiring and firing procedures, Kline

and the DA's Office failed to adopt a substitute policy protecting employees from dismissals

based on unlawful retaliation and sex discrimination.

53. Kline's rejection of the County's policies regarding dismissals, and his failure to

adopt a policy protecting employees from unlawful dismissals, demonstrates an indifference to

unlawful terminations that violate the KAAD.

54. On February 26, 2007, a male employee Kline hired touched the breast of a

female staff member, and then stood there looking at her.

55. The female staff member did not report the incident because she feared she would

lose her job.

Spradling's Complaint of Discrimination

56. On March 19,2007, Spradling submitted a memo ("March 19th Memo") to Kline

and the County's Human Resource Department, notifying them of sex discrimination that Kline

and Maxwell directed toward Spradling and other females in the office. (Ex. A at Ex. 1.)

57. Immediately after Spradling submitted the March 19th Memo complaining of sex

discrimination, Kline and Maxwell began retaliating against Spradling by reducing her duties,

removing her on March 23 from the "on call" list that all Assistant District Attorneys participate

in, and by removing her from a "sweep" operation conducted by the Olathe Police Department,

and other punitive measures.

58. During the Section Chief's meeting on March 27, 2007, Kline informed all in

attendance, including Spradling, that he would "allow" Johnson County Human Resources to

investigate Spradling's sex discrimination claim and that everyone was to cooperate with the

County as they requested.

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59. The County then began an investigation into Spradling's complaint of sex

discrimination.

60. In April 2007, Spradling submitted to Johnson County Human Resources a log of

incidents and harassment that took place within the DA's Office.

61. On April 19, 2007, Johnson County Assistant County Counselor, F. Charles

Dunlay, requested that Rucker provide the following information to assist with the investigation

of Spradling's complaint: 1) roster of attorneys; 2) list of all promotions or transfers since Kline

took office; 3) all job postings since Kline took office; and 4) any audio taped conversations of

Spradling. (Ex. A at Ex. 6.)

62. On April 20, 2007, Rucker assisted Kline's and Maxwell's unlawful conduct by

informing Dunlay that any "prior permission given to the County to conduct an inquiry" into

Spradling's complaint "is hereby rescinded." (Ex. A at Ex. 7.)

63. Kline stopped participating in the County's investigation of sex discrimination

because the County's Legal Department requested any audio tapes of Spradling, and Spradling's

termination is also directly connected to the County's investigation into Spradling's complaint of

sex discrimination, and in particular the County's request for copies of audio tapes.

64.

On April 24, 2007, Kline fired Spradling by telephone. Maxwell and Carter

assisted Kline by participating in the call.

65.

During the telephone conversation, Spradling asked why she was being

terminated and Kline provided no explanation, except to state that "I won't go there."

Spradling's Complaint Regarding Failures in DA's Office

66. Following numerous failures by the DA's office to adequately prosecute cases

and protect the citizens of Johnson County, Spradling submitted an additional memo of concern

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to Kline, Maxwell and Rucker, with a copy to then Attorney General Paul Morrison, on March

19,2007 ("DA Status Memo"). (Ex. A at Ex. 2.)

67. In response to Spradling's DA Status Memo, Spradling received a memo from

Maxwell asking her to provide additional information to support her memo and to meet with him

to "take up" his concerns about her performance and attitude that were "previously expressed" to

Spradling. (Ex. A at Ex. 3.)

73. On April 7, 2007, a radio frequency detector again indicated that audio

68. At no point since Maxwell began at the DA's Office had he informed Spradling

that there were any concerns with her performance or attitude, which Spradling confirmed to

Maxwell in an email dated March 19, 2007.

Intrusive and Extraordinary Means to Gather Information

69. On March 22, 2007, a law enforcement officer entered Spradling's office and

wrote a note to her stating, "I need to talk to you but not here."

70. Spradling met the officer at another location where she was informed that,

according to Rucker, the DA's office was under hidden camera surveillance.

71. Spradling returned to her office and subsequently used a radio frequency detector

to identify electronic audio surveillance, which activated in her office, but not in other attorneys'

offices that were tested.

72.

On April 4, 2007, Spradling used a more powerful radio frequency detector to

scan her office, and such detector found frequencies that indicated Spradling's office was under

electronic audio surveillance.

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surveillance was present in Spradling's office but she was unable to locate the equipment due to

interruptions.

74. Spradling was treated differently regarding electronic surveillance than male

attorneys in the DA's Office.

Disparate Treatment Regarding Attendance and Absences

75. Spradling was treated differently regarding attendance and work absences than

male attorneys in the DA's Office, and differently than attorneys who were silent regarding sex

discrimination in the office.

76. Maxwell required Spradling to approve all absences with him, and provide proof

of her attendance at work related functions that caused her to be absent from the office. (Ex. A

at Ex. 4.)

Johnson County Grievance

77. During Spradling's employment, the County adopted and distributed policies that

entitle an employee who has been terminated to: (a) submit a grievance regarding the

termination; and (b) receive a hearing with a panel of three persons regarding the grievance.

78. The County's policies authorize the hearing panel to rescind improper

terminations.

79. The County refused to provide Spradling with the hearing that she requested.

80.

The County aided and abetted the discriminatory acts of Kline and Maxwell, in

violation of K.S.A. § 44-1009(a)(1), when it refused to provide Spradling with a hearing and

opportunity to challenge her termination.

Retaliation Against Spradling Regarding Her Sex Discrimination Complaint

81. After Spradling submitted her March 19th Memo complaining of sex

discrimination and the County began investigating her complaint of sex discrimination, Maxwell

submitted an April 20, 2007 Memo to Kline, recommending Spradling's termination.

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82. The April 20, 2007 Memo specifically mentions her protected activity as one of

the criticisms that supported Maxwell's recommendation that Spradling be terminated.

83. The April 20, 2007 Memo and subsequent dismissal were in retaliation for

Spradling's protected activity, including without limitation, her complaints of sex discrimination,

her objections to sex discrimination and her participation in the investigation into her complaints

of sex discrimination, which the Commission's Report also concluded. (Ex. A at p. 113.)

Spradling's Charge Of Discrimination

84. Kline and Maxwell, with the support of Rucker and Carter, terminated

Spradling's employment in retaliation for her complaints of sex discrimination, her memo

opposing sex discrimination, and the County's investigation of her allegations.

85. Kline and Maxwell, acting individually and as agents of the County and the State,

terminated Spradling's employment in retaliation for her good faith complaint that Kline and

Maxwell discriminated against females based upon their sex and her other protected activity.

86. Before Spradling's termination, Kline and Maxwell retaliated against Spradling in

response to her good faith complaint, and reduced her responsibilities and discriminated against

Spradling based on her sex.

87.

Rucker and Carter aided and abetted Kline and Maxwell in their discriminatory

and retaliatory actions.

88. Kline's and Maxwell's actions violated K.S.A. § 44-1009(a)(1) of the KAAD,

which prohibits discrimination on the basis of sex, and K.S.A. § 44-1 009( a)( 4), which states that

an employer may not "discharge, expel or otherwise discriminate against any person because

such person has opposed any practices or acts forbidden under" the KAAD.

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89. The actions of those persons who assisted Kline and Maxwell, including Rucker

and Carter, violated K.S.A. § 44-1009(a)(7) which states that it is a violation of the KAAD for

any person "whether an employer or an employee or not to aid, abet. . ." a violation of the

KAAD.

90. Various other individuals who are or were employed by the County in the DA's

Office assisted Kline and Maxwell in their retaliatory conduct, including their efforts to: (a) limit

Spradling's responsibilities; (b) obtain information regarding her conversations; and (c) possibly

also obtain other personal information.

Commission Investigation Findings

91. The Commission's investigation into Spradling's charge of sex discrimination

concluded that.:

a. regarding Spradling's claim that Defendants treated her less favorably than male

ADA's when they removed her from a case, she has "provided sufficient pretext

evidence on this claim to establish her claim of sex discrimination against [Kline,

Maxwell and Rucker]." (Ex. A at p. 98.)

b. regarding Spradling's claim that Defendants treated female ADA's and herself

less favorably than male ADA's when she requested resources for the Domestic

Violence Unit, she has "provided sufficient pretext evidence on this claim to

establish her claim of sex discrimination against [Kline, Maxwell and Rucker]."

(Ex. A at p. 99.)

c. regarding Spradling's claim that Defendants treated female employees less

favorably when it tolerated incompetence by newly hired male ADA's, she "has

15

that:

provided sufficient pretext evidence on this claim to establish her claim of sex

discrimination against [Kline, Maxwell and Rucker]." (Ex. A at pp. 99-100.)

d. regarding Spradling's claim that Defendants' treatment of women, including

herself, in the Kline administration constituted sexual discrimination and

harassment which Defendants refused to investigated properly or in compliance

with their own policies and procedures to remedy, she "has provided sufficient

pretext evidence on this claim to establish her claim of sex discrimination against

[Kline, Maxwell, Carter and Rucker]." (Ex. A at p. 100.)

e. regarding Spradling's claim that her termination was an act of sex discrimination,

she "provided sufficient pretext evidence on this claim to establish her claim of

sex discrimination against [Kline, Maxwell, Carter and Rucker] based on her

termination." (Ex. A at pp. 100-02.)

92. The Commission's investigation into Spradling's charge of retaliation concluded

a. Spradling "has established that she engaged in protected activity when she gave

Defendants the two (2) Memoranda on March 19,2007 which complained about

sex discrimination and asked for an outside investigation of 'the treatment of

women' in the DA's Office;"

b. Spradling "has shown that she suffered numerous adverse actions, which arose on

questionable and suspect bases after March 19,2007;"

c. Spradling "would have found the challenged actions materially adverse;"

d. the "adverse actions occurred within days, weeks and a month of the time she

gave the Memorandum to [Defendants];"

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e. the "adverse actions resulted in her termination;"

f. the "facts in the record demonstrate a causal connection between the protected

activity and the employment;" and

g. the "April 20, 2007 Memo, which recommends [Spradling's] termination, even

mentions her protected activity as one of its criticisms."

(Ex. A at p. 113.)

Damages

93. When Spradling was terminated on April 24, 2007, her annual salary was

approximately $111,000.00.

94. Spradling's salary and the amount of her salary decrease since her termination is

as follows:

a. Annual salary of $80,000.00 from May 7, 2007 to January 2, 2008 while

employed by the Office of the Attorney General, resulting in a salary loss of

$20,672.00 based on a monthly salary loss of$2,584.00 for 8 months.

b. Annual salary of $82,500.00 from January 3, 2008 to January 2, 2009 while

employed by the Office of the Attorney General, resulting in a salary loss of

$28,500.00 based on a monthly salary loss of $2,375.00 for 12 months.

c. Annual salary of $95,500.00 from January 3, 2009 to March 16, 2009 while

employed by the Office of the Shawnee County District Attorney, resulting in a

salary loss of $3,375.00 based on a monthly salary loss of $1,335.00 for 2.5

months.

d. Annual salary of $102,498.00 from March 17, 2009 to the present while

employed by the Office of the Shawnee County District Attorney, resulting in a

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loss to date of $10,627.50, at an annual salary loss of $8,502.00, that will increase

to a loss of $68,016.00 for the 9-year period to her projected retirement date.

95. Based on the figures above, Spradling's salary loss to date exceeds $63,000.00,

excluding annual raises that she would have received with the County.

96. Based on Spradling's past salary history with the County, she reasonably expected

annual increases that would have been based on a percentage of her annual salary. Spradling's

annual salary increase at the County was 5% of her salary, and therefore even if Spradling

receives raises in comparable percentages in her future employment, her salary will never equal

her County salary, and the annual loss will continue, and the monthly/annualloss could increase

with each year.

97. Spradling's salary loss to date and future salary loss up to her projected retirement

date exceeds $130,000.00.

98. Spradling's commuting expense to her employment in Topeka varies depending

on the price of gasoline, but her gasoline expenses to commute to and from Topeka exceed

$6,000.00 to date and will continue, resulting in additional future commuting expenses of

$27,000.00 based on 9 years of commuting and a monthly expense of$250.00

99.

When Spradling is on call she must stay overnight in Topeka and incur motel

expenses, resulting in an annual expense not less than $1,800.00.

100. Spradling's KPERS retirement benefits are calculated based on an average of 3

years out of the last 5 years of her employment. Her retirement benefits will accordingly be

reduced over her lifetime that she collects retirement benefits.

101. Spradling pays increased costs for employee benefits in her current employment,

resulting in an annual increase that will exceed $600.00.

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102. Spradling's total financial losses to date, excluding her KPERS retirement loses,

exceed $70,000.00 based on salary loss, plus commuting expenses to date, additional employee

benefit expenses, and hotel expenses while on call in Topeka.

103. Spradling has suffered mental anguish as a result of the dismissal.

COUNT I - SEX DISCRIMINATION UNDER THE KAAD (Against all Defendants)

104. Spradling incorporates by reference and alleges as though fully set forth herein

the allegations in paragraphs 1 through 1 03 above.

105. Defendants discriminated against Spradling based upon her sex in violation of

K.S.A. § 44-1009 by:

a. targeting female attorneys, including Spradling, for unwarranted criticism;

b. taking responsibilities and duties away from Spradling because of her gender and

in response to her allegation that they discriminated against females;

c. taking intrusive and extraordinary steps to obtain information about Spradling's

conversations and activities that were not taken against male employees; and

d. terminating Spradling based upon her gender.

106. The State is liable for Spradling's claims for sex discrimination under the KAAD

pursuant to the Kansas Tort Claims Act, K.S.A. § 75-6103(a).

107. As a direct and proximate result of Defendants' actions, Spradling has been

deprived of wages and benefits.

108. As a further direct and proximate result of Defendants' actions, Spradling

suffered, and continues to suffer, a loss of self-esteem, humiliation, emotional distress and

mental anguish and related compensatory damages.

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109. The State, County, Kline and Maxwell failed to make a good faith effort to

enforce policies to prevent illegal discrimination against its employees, including retaliation for

making complaints of gender discrimination.

110. Defendants engaged in these foregoing discriminatory practices intentionally,

with actual malice or with reckless indifference to Spradling's statutorily protected rights,

entitling Spradling to recover punitive damages from Kline, Maxwell, Rucker and Carter in an

amount to punish such Defendants andlor deter them and others from the same or similar

conduct in the future.

111. The County aided and abetted the discriminatory acts of Kline and Maxwell, in

violation of K.S.A. § 44-1009(a)(1), when the County refused to provide Spradling with a

hearing and opportunity to challenge her termination.

112. Spradling is entitled to reinstatement, or in lieu thereof, future lost wages and

benefits.

WHEREFORE, Spradling prays the Court render judgment against Defendants and in

favor of Spradling for the following damages:

a. Injunctive relief protecting female employees from sex discrimination and

retaliation in the DA's office and requiring the DA's office to adhere to the

County's grievance procedures;

b. Damages for mental anguish;

c. Past wage loss in an amount not less than $63,000.00;

d. Lost benefits;

e. Reinstatement, or in lieu of reinstatement, future lost income in an amount not

less than $68,000.00;

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f. Legal fees to the extent they may be legally recoverable;

g. F or interest as allowed by law; and

h. All other damages for which Defendants are liable pursuant to the KAAD.

COUNT II - RETALIATION UNDER THE KAAD (Against all Defendants)

113. Spradling incorporates by reference and alleges as though fully set forth herein the

allegations in paragraphs 1 through 112 above.

114. As a direct result of Spradling's protected activity, including without limitation, her

complaints of sex discrimination, her opposing sex discrimination and the investigation into her

complaints of sex discrimination, and in violation ofK.S.A. § 44-1009, Defendants:

a. took responsibilities and duties away from Spradling because of her gender and in

response to her allegation that they discriminated against females;

b. took intrusive and extraordinary steps to obtain information about Spradling's

conversations and activities that were not taken against male employees; and

c. terminated Spradling based upon her gender and protected activity.

115. The State is liable for Spradling's claim for retaliation pursuant to the Kansas Tort

Claims Act, K.S.A. § 75-6103(a).

116. As a direct and proximate result of Defendants' actions, Spradling has been

deprived of wages and benefits.

117. As a further direct and proximate result of Defendants' actions, Spradling

suffered, and continues to suffer, a loss of self-esteem, humiliation, emotional distress and

mental anguish and related compensatory damages.

21

o

,..

118. The State, County, Kline and Maxwell failed to make a good faith effort to

enforce policies to prevent illegal discrimination against its employees, including retaliation for

making complaints of gender discrimination.

119. Defendants engaged in these foregoing discriminatory practices intentionally,

with actual malice or with reckless indifference to Spradling's statutorily protected rights,

entitling Spradling to recover punitive damages from Kline, Maxwell, Rucker and Carter in an

amount to punish such Defendants and/or deter them and others from the same or similar

conduct in the future.

120. The County aided and abetted the discriminatory acts and retaliation of Kline and

Maxwell, in violation ofK.S.A. § 44-1009, when the County refused to provide Spradling with a

hearing and opportunity to challenge her termination.

121. Defendants were aware of Spradling's entitlement to pursue her rights under the

KAAD.

122. Defendants denied Spradling her full entitlement to pursue her rights under the

KAAD with actual malice, knowingly and intentionally, entitling Spradling to recover punitive

damages against Kline, Maxwell, Rucker and Carter in an amount to punish such Defendants

and/or deter them and other companies from the same or similar conduct in the future.

WHEREFORE, Spradling prays the Court render judgment against Defendants and in favor

of Spradling for the following damages:

a. Injunctive relief protecting female employees from sex discrimination and

retaliation in the DA's office and requiring the DA's office to adhere to the

County's grievance procedures;

b. Damages for mental anguish;

22

c. Past wage loss in an amount not less than $63,000.00;

d. Lost benefits;

e. Reinstatement, or in lieu of reinstatement, future lost income in an amount not

less than $68,000.00;

f. Legal fees to the extent they may be legally recoverable;

g. F or interest as allowed by law; and

h. All other damages for which Defendants are liable pursuant to the KAAD.

DEMAND FOR JURY TRIAL

Spradling requests a jury trial on all claims.

Respectfully submitted,

o BJERG GUINN, L. L. c.

y:,~~~~~~~~~-

fu 13M~

Eli eth A. Hanson (KS 22382)

7015 College Blvd.

Suite 375

Overland Park, Kansas 66211 913.345.2555

913.345.2557 facsimile jc@ksmolaw.com kw@ksmolaw.com eh@ksmolaw.com

ATTORNEYS FOR PLAINTIFF

23

EXHIBIT A

ORIGINAL KHRC

COMPLAINT WITH EXHIBITS

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EXHIBIT A ORIGINAL KHRC COMPLAINT WITH EXHIBITS

ST~r$ OF KANSAS

KANSAS HUMAN RIGHTS COMMISSION

DOCKET NO. g//15.,o?

On the complaint of JACQIE SPRADLING

Complainant.

VS.

PHILL KLINE.

STEPHEN MAXWELL. THE STATE OF KANSAS.

THE COUNTY OF JOHNSON COUNTY, KANSAS. AND

THOSE PERSONS WHO AIDED AND ABEITED THE VIOLATIONS. INCLUDING ERIC RUCKER AND LINDA CARTER.

Respondents.

OP II !O Y.< . ~btJ36

I, JACQIE SPRADLING residing in at'M- 3 OJ.X /5t fYziJ!et. lin ~iami

County, Kansas, Charge Phil! Kline and Stephen Maxwell, and those otiiJr persons who aided and abetted Kline and Maxwell. whose address is: District Attomey's Office, P.O.

Box 728, Olathe, Kansas, 660511 with an unlawful practice within the meaning of:

[XX] The Kansas Am Against Discrimination (Chapter 44, Art. 10, K.S.A.) and specifically within the meaning of subsections (a)(1) and (a)(4) of Section 44-1009 of said Act, because of my RACE ( ). RELIGION (). COLOR (), SEX (XX), NATIONAL ORIGIN ( ). ANCESTRY (), DISABILITY { }, RETALIATION (XX ), FAMILIAL STATUS ( ).

[ ] The Kansas Age Discrimination in Employment Act (Chapter 44, Art. 11, K.S.A.) and speCifically within the meaning of subsection of Section of said Act. because of my AGE.

Alleged Date of Incident: on or about March 19.2007 and continuing to the date of my termination, April 24, 2007, and subsequent to April 24. 2007. to the extent that Respondents may have engaged in retaliatory post-employment conduct.

The aforesaid charges are based on the following facts;

I. I was employed by the Johnson County District Attorney's office for 15 years. On

March 19,2007, I submitted a memo to Phill Kline objecting to sex discrimination by Kline and his assistant, Stephen Maxwell. The memo was also submitted to the Department of Human Resources of Johnson County, Kansas. KUne and Maxwell immediately began to retaliate against me, as explained in Exhibit A. I incorporate the allegations in Exhibit A.

e7/38/2ee7 16:44 785-296-0589

KS HUMAN RIGHTS COMM

PAGE 03/18 31110- U4

II. The Department of Human Resources of Johnson County commenced an

investigation into my allegations of sex discrimination. As part of that investigation the County requested on April 19 that Kline's office "provide a copy of any audio taped conversations" with me, and audiotapes of me. [Ex. 6] On April 20, the day after the County Legal Department requested that Kline provide the audiotapes, Kline's office refused to cooperate with the County's investigation into sex discrimination. [Ex. 7] Two workdays Jater, on Apli124, Kline informed me by telephone that I was fired.

II. I believe that my Kline and Maxwell made the decision to terminate my employment in

retaliation for my rnerno opposing sex discrimination, and the County's investigation of my allegations. I also believe that Kline and Maxwell reduced my responsibilities during me employment and retaliated agaInst me based on my sex and my memo opposing sex discrimination.

m. I request: a) an injunction protecting female employees from sex discrimination and retaliation in the D.A.'s office, b) an injunction requiring that the D.A.'s office adhere to the - County's grievance procedures, c) reinstatement or future lost wages in lieu of reinstatement, d) back pay and benefits, e) legal fees, and 1) all damages permitted by the Kansas Acts Against Discrimination and Title VII of the Civil Rights Act of 1964.

IV. I have not commenced any action, civil or criminal, based upon the grievance set forth

above, although I requested a grievance hearing with the County.

STATE OF KANSAS )

) SS.

COUNTY OF JOHNSON)

Jacqie Spradling, being duly sworn, deposes and says that that she is the Complainant herein; that she has read the foregoing complaint and knows the contents thereof; that the same is true of her own knowledge except as to the matters therein stated on

information and belief; that as to those matters s liev the same to be true.

dling

-Kelly G. MCKinJey State Of Kansas Notary Public

My Commission J:v .... ~rre$;

. MY COMMISSION EXPIRES: L( /1'1 II (

, .

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.1111,5-0>1

EXHIBIT A

TO JACQIE SPRADLING KHRC AND EEOC COMPLAINTS

SUM1\iARY

1. I am an attorney, and was employed by the Johnson County District Attorney's Office from January 2, 1992, when I was hired as a Legal Intern, until I. was involuntarily dismissed on April 24, 2007. During my 15 years of employment with the Johnson County District Attorney's Office, I was promoted to the positions of Assistant District Attorney 1. Assistant District Attorney Il, Lead District Attorney, Senior District Attoxney, and Section Chief of the Domestic Violence unit.

2. As Section Chief of the Domestic Violence Unit, I supervised a staff of 4 attorneys and three interns, worked closely with law enforcement personnel, maintained a easelcad of over 400 points, assigned cases within the unit, supervised the prosecution of nearly 2,000 CasC5 in 2006. trained my staff and law enforcement personnel in the area of domestic violence and made regular court appearances for hearings and trials.

3. I believe that Johnson County District Attorney Phill Kline, and Assistant District ..

Attorney Steve Maxwell, acting individually and as agents of Johnson County, Kansas and the State of Kansas, tenniDated my employment in retaliation for my good faith complaint which alleged that Kline and Maxwell discriminated against females based upon their sex. I also believe that, prior to my termination, Kline and Maxwell retallated against me in response to my good faith complaint, and that they reduced my responsibilities and discriminated against me based on my sex - female. Assistant District Attorney Eric Rucker, and Office Administrator Linda Carter aided and abetted

Kline and Maxwell. .

4. The actions of Kline and Maxwell violated K.S.A. § 44-1009(a)(I) of the Kansas Acts Against Discrimination C"KAADn) which prohibits discrimination on the basis of sex, and K.S.A. § 44-1009(a)(4) which states that an employ may not "discharge. expel or otherwise discriminate against any person because such person has opposed any practices or acts forbidden under" the KAAD.

5.

The actions of those persons who assisted Kline and Maxwell violated K.S.A. § 44- 1009(a)(7) which states that it is a violation of the KA.AD for any person "whether an employer or an employee. or Dot to aid, abet. . ." a violation of the KAAD.

6.

Johnson County. Kansas and the State of Kansas Respondents are liable for the unlawful acts of Kline and Maxwell pursuant to 42 U.S.C. § 2000e-2(a) which prohibits discrimination based on sex, and 42 U.S.C. § 2000e-3(a) which prohibits retaliation against 8 person who has opposed unlawful discrimination. Johnson County is also liable because Johnson County aided and abetted the discriminatory acts ofKJine and Maxwell by refusing to provide me with an administrative hearing and opportunity to challenge my dismissal.

K~ HUMAN ~lbHI~ ~UMM

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c5/I/5-6'if

"EMPLOYERS" AJ't.'D PERSONS WHO AIDED AND ABETTED

7. Kline and Maxwell acted directly on behalf of my employer, and qualify as "employers" under K.S.A. § 44-1002(b) in their individual capacities and in their capacities as officers of the Johnson COUDty~ Kansas and the State of Kansas. and are subject to personal liability under the Kansas Acts Against Discrimination.

8. Eric Rucker an.d Linda Carter have aided and abetted Kline and Maxwell, and are liable under K.S.A. § 44~1009(a)(7) regardless of whether they qualify as an "employer".

9. The State of Kansas, and the COWlty of Johnson County, qualify as "employers" under K.S.A. § 44~l002(b), and 42 U.S.C. § 2000e(b).

10. I believe that various other individuals who are employed by Johnson County, Kansas in the office of the District Attorney assisted Kline and Maxwell in Kline's and Maxwell's retaliatory conduct, including Kline's and Maxwell's efforts to: (a) limit my responsibilities, (b) obtain information regarding my conversations, and (c) possibly also obtain other personal information.

l\fARCH 19~ 2007 MEMO TO KLINE AND JOHNSON COUNTY

11. 00 March 19) 2007, [ submitted a memo to Kline and the County's Human Resource Department, notifying them of sex discrimination by Kline and Maxwell that was directed toward me and other females in the office. . [Ex. 11 Immediately after I submitted my memo complaining of sex discrimination, Kline and Maxwell began retaliating by reducing my duties, removing me on August 23 from the "on call" list which all Assistant District Attorneys participate in, and by removing me from a "sweep" operation conducted by the Olathe Police Department, and other punitive measures. The County began an investigation into my complaint of sex diSCrimination, and on April 19 the County's Legal Department requested that IOine's office "provide a CQpy of any audio taped conversations" with me. and audiotapes of me. [Ex. 61 On April 20, the day after the County Legal Department requested that Kline provide the audiotapes, Kline's office refused to cooperate with the County's investigation into sex discrimination. [Ex. 7] Two workdays later, on Apri124, Kline infonned me by telephone that I was fired,

12. I believe that Kline stopped participating in the County's investigation of sex discrimination because the County's Legal Department requested any audio tapes of me, and I believe that my dismissal two workdays later is also directly connected to the County's investigation into my oomplaint of sex discrimination, and in particular the County's request for copies of audio tapes.

13. AJ; explained in greater detail in the following paragraphs, and in the accompanying exhibits, Kline and Maxwell: (a) tolerated incompetence on the part of male attorneys, and (b) targeted female attorneys, including me, for unwarranted criticism, and (e) took responsibilities and duties away from me in response to my allegation that they discriminated against females, and (d) took intrusive and extraordinary steps to obtain information about my conversations and activities,

2

I-'Abt::. tJbfli:l

SEQ'liENCE OF PRIMARY EVENTS

14. On January 8,2007, Phill Kline was sworn in as the Johnson County District Attorney.

Stephen Maxwell began employment as the Senior Deputy District Attorney in the Johnson County District Attorney's Office on January 8, 2007, also,

15. On January 11. 2007, my responsibilities for a homicide case were removed from me and transferred to a male attorney, Maxwell. Kline asked me to lie to the detectives assigned to the case, and to falsely state tha.t I had asked to be removed from the case. Kline's subsequent explanation for the transfer was unfounded and pre-textual.

16. On January 12, 2007, Kline notified. the Jobnson County Board of Commissioners through the Commissioners' attomey that Kline's office would Dot follow the County's policies regarding hiring and ruing procedures. After rejecting the County's policies regarding hiring and firing procedures. Kline and the Office of the District Attorney failed to adopt a substitute policy protecting employees from dismissals that are based on unlawful retaliation and sex discrimination. Kline's rejection of the County's policies regarding dismissals, and his failure to adopt a policy protecting employees from unlawful dismissals, demonstrates an indifference to unlawful terminations that violate .. theKAAO and 42 U.S.C. § 200e et seq.

17. During the month of January, several of my team members resigned due to the office environment or were terminated by Kline. Kline placed new attorneys in some of the open positions, but the individuals had little to no experience with criminal prosecution, When I requested that my team be staffed adequately, Kline told me I had to ask a certain number of times before he would provide replacements, and later told me I was "[ust a bitchy woman."

18. On February 26, 2007, a male employee hired. by Kline touched the breast of a female staff member, and then just stood there looking at her. The female staff member did not report the incident because she feared she would lose her job.

19. I was demoted from working on homicide cases due to my gender, and I was infonned that all homicide cases would now be reassigned to Maxwell. Kline lied. to the Olathe police detectives involved in a particular homicide case I was prosecuting by stating tha.t I did not want to work with the Olathe detectives on the case. and ordered me to join him in that lie.

20. Based on my observations of the treatment of women by Kline and his staff, on March 19.2007. I submitted a memo to Kline requesting that Johnson County Human Resources be allowed to conduct an investigation into the treatment of women in the District Attorney's office. [Ex. 1]

21. Following numerous failures by the Johnson County District Attorney's office to adequately prosecute cases and protect the citizens of Johnson County, I submitted an additional memo of concern to Kline on March 19,2007. The memo was also addressed to Maxwell and Eric Rucker, with a copy to Attorney General Paul Morrison. [Ex. 2]

3

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a/lib -os

22. In response to roy March 19~ 2007 memo regarding the status of the Johnson County Dfstrict Attorney's Office, I received. a memo from Maxwell asking that 1 provide additional information to support my memo and meet with him to "take up" his concerns about my performance and attitude that were "previously expressed" to me. [Ex. 3}

23. At no point since Maxwell began at the Johnson County District Attorney's Office had he infonned me that there were any concerns with my performance or attitude. I explained this to Maxwell in 3Jl email dated March 19.2007.

24. I was treated differently than male attorneys in the District Attorney's Office regarding attendance and work absences. Maxwell required me to approve all absences with him, and provide proof of my attendance at work related fUnctions that caused me to be absent from the office. A copy of Maxwell's email discussing the attendance policy is attached as Exhibit 4.

25. On March 22,2007, Maxwell attempted to exclude me from participating in "Operation Park Seven", which I had assisted with planning and coordinating. When I informed Sergeant Jack Farhnow that I would not be present at the operation, he asked that I attend to assist the law enforcement officials willi any domestic violence questions. Maxwell was furious that I was invited by Sergeant Farhnow. The following day, Maxwell .. removed aU of my on call responsibilities.

26. A law enforcement officer entered my office on March 22. 2007 and wrote a note to me stating, "1 need to talk to you but not here," 1 met him at another location where I was informed that the District Attorney'S office was under hidden camera surveillance according to Eric Rucker. I returned to my office and 5ubsetLuently used a small radio frequency detector. The detector activated in my office, but not in other attorneys' offices that were tested.

27. During the Section Chiefs meeting on March 27. 2007, Kline informed all in attendance, including myself. that he would "allow" Johnson County Human Resources to investigate the sexual discrimination claim that I had recently raised and that everyone was to cooperate with the county as they requested.

28. I used a more powerflll radio frequency detector to scan my office en April 4, 2007. The detector found frequencies that indicated my office was under audio surveillance.

29. I was further singled out and harassed by Maxwell on Apri14, 2007, when he "relieved me from any further responsibility" regarding a possible domestic violence charge. [Ex. S]

30. On April 7. 2007. a radio frequency detector again indicated that audio surveillance was

present in my office. I was unable to locate the equipment due to too many interruptions.

31. As Section Chief of the Domestic Violence Unit, I was responsible for assigning cases to my staff. I learned on April 11, 2007, that Maxwell had reassigned a case to an individual outside the Domestic Violence Unit after 1 had assigned the case to one of my staff. I emailed Kline, Maxwell and Rucker to ask if my duties as Section Chief had been removed from me, 1 received DO response.

4

32. On April 12. 2007, I again. emailed Kline. Maxwell and Rucker to ask if my role in assigning Domestic Violence cases had been removed. 1 explained the potential consequences of assigning Domestic Violence cases outside of the unit, and requested that I be allowed to assign Domestic Violence cases. Alternati.vely, I asked that if cases were to be assigned outside: of the Domestic Violence unit, that I be allowed to provide the specific training necessary to successfully prosecute Domestic Violence cases.

33. On April 13, 2007, Maxwell reassigned a major domestic violence case from me to another prosecutor who was not a. member of the domestic violence unit.

34. In April I submitted to Johnson County Hum8lf Resources a log of incidents and harassment that took placewitbin the Johnson County District Attorney's Office.

35. On April L9. ~007, Johnson County Assistant County Counselor, F. Charles Dunlay, requested that Eric Rucker provide the following infonnation to assist with the investigation ormy complaint: 1) roster ofattomeys, 2) list or all promotions or transfers since Kline took office, 3) all job postings since Kline look office, and 4) any audio taped conversatiens of me. A copy ofPun1ay~s email is attached as Exhibit 6.

36. The fonowing day, on April 20, 2007, Eric Rucker assisted Kline's and Maxwell's unlawful conduct by wonning Dunlay that any "prior permission given to the County to conduct an inquuy" into my complaint "is hereby rescinded:" A copy of Rucker's memo is attached as Ex.hibit 7.

37. On April 24, 2007, I received a phone call from Kline. Msxwell and Carter assisted Kline by participating in the call. In that conversation Kline informed me that my employment ~ith the Johnson County District Attorney's Office was terminated. When I asked why, Kline provided no explanation, except that "1 won 7t go there. II

38. I believe that Kline and Maxwell. with the support of Rucker and Carter, terminated my employment in retaliation for my memo opposing sex discrimination, and the County's investigaticn oimy allegations.

JOHNSON COUNTY GRIEVANCE

39. Johnson Col.lIlty has adopted policies that entitle an employee who has been terminated to: (a) submit s. grievance regarding the termination, (b) receive a hearing with a panel of three persons regarding the grievance. The County's policies authorize the hearing panel to rescind improper terminations.

40. Johnson County refused to provide me with the hearing that 1 requested.

41. Johnson County aided and abetted the discriminatory acts of Kline and Maxwell, in violation ofK.S.A. § 44-1009(3)(1), when the County refused to provide me with a. hearing and opportunity to challenge my termination,

5

Ko HUMAN ~lb~lo ~UMM

REMEDY

42. The·t.ennination of my employment has caused me to lose substantial income, and I now earn significantly less than I earned while I was employed by Johnson County. Kansas. The termination of my employment, and the discriminatory and retaliatory conduct during my employment. has caused non-pecuniary damages including emotional p~n and other damages for which the State of Kansas and Johnson County, Kansas are liable pursuant to 42 U.S.C. § 1981a(b).

43. I request: a} an injunction protecting female employees from sex. discrimination and retaliation in the D,A,'s office, b) an injunction requiring that the D.A. 's office adhere to the County's grievance procedures, c) reinstatement or future lost wages in lieu of reinstatement, d) back pay and benefits. e) legal fees. and 1) all damages permitted by the Kansas Acts Against Discrimination and Title VII of the Civil Rights Act of 1964.

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MEMORANDUM

1 TO: Phill Kline
FROM: Jacqie Spradling
DATE~ March 19,2007
Phil1: As you know, I am an experien.ced and successful career prosecutor. As you also know, you and one of your top aids recently lied to Olathe detectives and said that 1 did not want to work with them on the Solis file. When I asked you, Steve Maxwell and 'Brie Rucker about this, 1 was told that I would no longer handle homicide cases because they would be assigned to Steve Maxwell. I was also asked to lie to the detectives and falsely teU them that my removal from the Solis file was my idea.

You and Mr. Maxwell mnt my credibility and reputation with the Olathe detectives when you both lied to them about my desire to work with them. The problem was compounded when you decided to reduce my responsibility - demote me - by removing me from 'this homicide case so that it could be re-assigned to Steve Maxwell.

I do not question your authority to decide office pollcy, and make decisions regarding case

... ~ assignments and demotions. But, I am concerned because there seems to be a pattern that has now affected Ole personally, Over the last two months I have seen your administration tolerate incompetence on the part of male attomeys) while at the same time criticizing females and reducing 'll:!e roles and responsibilities offemales in the office. One of yout recently hired Assistant District Attomeys has said to at least: Gne female AD-f\., "you should be home with your fatnily' .

Because you have Iejected 111e cOunty's polieles, and you have publicly said 1hat you will not follow them, you rejected - and apparently will not follow -the county policies that prohibit sex discrimination. This is. \vrODg, and 1 believe that it has hurt me direclly. I request that you fix this problem, and that you return me to the full authority that I had before you and :Mr. Maxwell mislead th~ Olathe detectives a.bout my desire to p~osecute the Solis file. I also request that you allow Ms. Freeman's office to look into the treatment of women under your administration.

FiDally, I request that the issue in "this memo be addressed independent of the issues raised in my accompanying memo that I submitted to you, Steve MaxwellJ Eric Rucker. and Paul Morrison.

Cc:

L. Freeman - Human Resources

". i ,

KS HUMAN RIGHTS COM"1 I-'A<:it:_ 11/1 C!

.5//1 s- o s

MEMORANDUM

TO:

Phill Kline, Eric Rucker and Steve Maxwell

FROM:

J acqie Spr.idling

DATE:

March 19, 2007

Phill, Eric and Steve:

Johnsen County is blessed with the best law enforcement personnel1hat you will 'find anywhere.

Patrol officers, detectives, and the Sheriff's Dept. work long bard hours to keep all of us safe. Theil: efforts me w~ted if the D.A/s Office cannot handle the prosecutions. As a person who cares about Johnson County. and a career prosecutor, I am concerned that dysfunction in the D.A.'s Offi~ is creating a public safety crisis. Over the last two months I have seen the quality and. quantity of work in this office deteriorate, resulting in dismissals of crlmlnal cases, and a growing backlog, of unfiled cases. Criminals me walking the streets of Johnsen County because this office has botched cases that would have been routine successes in the past. Some examples:

• A police officer W~ not asked to identify the defendant at a prelim, and a fe~ony charge \\laS not bawd over foI. trial .

• Cases have been lost because the Assistant D.A., forgot to subpoena witnesses

• A probation revocation was eJismissed because the Assistant D.A. did not know how to prove a simple revocation

• Trials that should have gone forward have been continued beeaose Assistant D.A..·s were not

ready for trial

• Juvenile CINe and deUnquenc;y charges are backlogged

• New Assistant D.A.S have a low case load, yet are not successful in Court

.. The Assistant D.As who preceded you are carrying a bigher than reasonable case load due to the inabilities of those you bIought in, leading to an all-time low merale.

The[e is a common theme tunning through the cases - attorneys with little or no criminal prosecution experience have been hUed. and assigned to cases that they me not prepared to handle. As you know, some of the recent hires me not ready to even handle cases in the courtroom, and at least otow new hires have already been demoted,

We cannot wait for the new hlres to leam. their jobs - we have a crisis that needs to be addressed now. Although I am not in a position to decide how the P.A.'s Office operates, there is a logical interim solution that 1 hope you consider. It is common fOT the Attorney General's Office to assist county prosecutors. The Attorney General's Office has a staff of experienced prosecutors, As a person who cares about Johnson County, and as an experienced prosecutor who understands the severity of the problem, 1 respectfully suggest that you arrange for the temporary assig:run.ent of experienced prosecutors from the A.a:'s office to our office.

'\ :

Finally, there is a separate issue affecting me that'! also wish to address, This issue does not involve Mr. Morrison's office. and is explained in the accompanying memo that is not being copied to Mr. Morrison.

JS 001

K~ HUMAN KlbHI~ UUMM

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,

Cc: Attorney General Faul Morrison

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JS 002

MEMORANDUM.

TO:

FROM:

DATE:

RE:

J acquie Spradling Stephen Maxwell March 19, 2007

Your email memo dated March 19, 2007

Thank )'OU for your recent e-mail regarding concerns about office performance. Thisis your first expression of such concerns and I am disappointed I have not heard your concerns previously, however, rest assured I take such issues seriously. It is difficult to respond to generalities so, accordingly, please reduce the specifics to writing today. 1 expect your written response by 5 pm today..

You stated:

1. That cases have been lost because the ADA forgot to subpoena witnesses: - please list the cases and the ADA.

2. A 'probation revocanoa was dismissed because the Assistant D.A. did not know how to prove a.

simple revocation: • please name the CasC5 and the ADA., .

·3. An inordinate amount of continuances have been obtained since ADA's bave not been ready'

. for trial: again, please list the cases. . .

4: You claim that a large backlog of Juvenile cases has developed and that cases are not being handled appropriately~ on what information do you rely for such a. statement - please be

·specUic. . . .

5 .. You also make a-similar complaint regarding Mr. Hymer's work in ~.lNC cases: please be. specific regarding the information ~n which you rely.

The only specific you mentioned regards a case in which an ADA with experience forgot to lD a defendant in court. You're tight that the case was dismissed, however, it was immediately re-filed and the defendant remained in custod)'. The ADA is aware and has learned. from his mistake and the public was not prejull:iced.

. .

As it relates to your Section. the oruy new atlorney who works with you is David Davies who DOW

carries one of the largest caseloads in your division. You have previouslY mentioned that you love David's work and dedication and hold nothing but praise for David. Is this still tJ:tle? Has anything changed?

You state in your memo:

Finally. there is a separate issue affecting me that I also wish to address, This issue does not Involve Mr. Morrison's office, and is explained in the accompanying memo that is not being copied to Mr. Morriscn,

I have not seen any other memo other than what you sent me that was apparently cc' ed to the Attorney General, If you "rant to raise other issues, please send that other memo to me.

Also, please explain in writing why you found it necessary to copy Mr. Morrison on this eemmunieation -since you failed to first communicate these "concerns" in house.

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Page 2-memorandum from Stephen MaxweU. dated March 19,2007

1 expect your answers by S pm, At that time we can also take up my concems which I have previously expressed to you about your demeanor and attitude in the office, your constant use of foul language, your failure to provide notice when you are absent; and your failure in handling the diversion program, including granting diversions to persons v.1.th p~eviou:s felony convictions.

' .

. . .

JS 005

..,1. 'W''"'' I

3f116-0lJ

Good morning Steve. \ was indeed on office business for more than 4 hours yesterday. rve claimed another 4 as personal time if 1 have any remaining. and if not then vacation, I've reviewed the aUe.ched policy and am afraid t do not read it the same as you do, I understand from the attached th3\ staff and line attorneys will receive prior permission to be gone, but do not believe it indicates a senior attorney such as myself must clear an absence with you, Rucker or Kline. Ir I've read the policy wrong please let me know. In addillon, the only other time I'm aware my absence from the office was questioned, is the time Erick was looking for me on a Friday afternoon when \ was leaching at the Pplice Academy, as l'vl! addressed in en earlier response to you. As indicated therein. I complied with the policy as I knew it by letting my trial assistant know when~ I was. The following Monday, a.t conRicts meeting. or perhaps tha next day at Section Chiefs meeting (I'm not sure) Kline asked what the policy was in reporting our absence. I indicated the policy was simply to let our lrial assistants know where we were: All others in attendance agreed, Phm then indicated, "we are aU profes$ionals here, that sounds OK" Accordingly, 1 informed my trial assistant on Tuesday that I would be out of the office lh'e'enlire next day. As always. I had my cell phone with me and could be reached at any time. Finally. I respectfully disagree that you or anyone else have ever discussed my absence from work as a problem before. . Take care.

From: Maxwell, Stephent OAT

sent: Wednesday, Marc~ 21, 2007 4:18 PM To; Spradlingz Jacqie, OAT

SUbject: absence from work

Jacquie: You were gone from work today and missed the conOicts meeting. Since you failed to $how up for work, you also missed a section ·chief meeting. You did not ask. inform or i~1I anyone in management (Phlll, Eric or myself) that you 'planned to be gone from the office. You were not on offi~e business as far as I know. 'Please refer to Policy #17. issued by DPo Kline in January . 2007 whlbh is attached for your reference. Failure to show up forworkwithoul prior approval Qhdlor knowledge of one' of the management personnel is unacceptable. This is not the first time

, I ,have brought this.issue to your attention, Attendance atwork is mandatory, unless notice is provided pursuant to the policy,

Stephen D. Maxwell

Senior Deputy Dlslricl Att.omey, . Office of District Attorney PIlIlI Kline 10th Judicial Oistrict

Olathe, KS

913-715-3000

"

18 OGO

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from; Maxwell, stephen, OAT

Sent: Weilnesday,·April 04, 2007 8:01 PM To: Spredling, Jacqie, DATi l<Iines Phi1~ OAT CC~ Rudter, Eric, DAT

Subject; RE: re

Jacquie: Below is the email with what Phil! as~d you to do in this easa. Since you state in your other email to me \hat you weren't asked to review for tiling a false police report or obstruction, , thought we should be clear on what. the. boss aClually asked you to do 50 I pa~~ed his direcUons in lhis email. it is clear below that he asked you for recommendaUons on' both OV and obstrucUon. He also asked for your opinion on any possible conflicls

and whether ~is office had any.pending cases with this officer. ..

t""" t:,'i\1 ~,;

~~

~

I have not seen any email [rom YOll ~bout possible contlicls for this office prosecuting the case or any delails . ~ about our pending cases with At this polnt, I will take care of this· requesl from Phi1l. You ate relieved ~ from any further responsibnity for (flis matler. l VfiU handle it {rom this pOint forward, Please reiem your copy of

the police reports to me and refer any future calls 'or Inquiries on this matter to me. . .

4/5/2007

rs en

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Sent:

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SUbject;

Dunlay, Cttuck, L.GL

:rhurl3t1ay, April1S, '2.0D7 5:31 PM RlJcker, Eric, OAT

Freeman, lovlna. HRO

AdmlnisttaUVe lo\'estigo:ltton Inforrnadon Request

Pleas~ provide Ms. Freeman Dr n1ySelf"wiIh the [oUowing:

'~) A roster af lhe al(_omeys in your office along wtlh their COIfesponDlng case !oacl points as of 41t3, Dr IOda¥ ~ wl1icln~ver

is easler. '. ,

2) Please provide. a I\slof all promotiOns and transfer$ ma.de sInce Mr. K~ne took oftice.

3) Please prolAde.a ccpy of an job or promo\ion.al postings,since Mr. }(line look office, if C1I'Y.

4) Please provide So copy of ~nv audio taped eonveml)ons with or audlotapQS of Jackie Spradling.

, . or: .

Thank you foryour asslslanGe with {egacd to this matt~.

:{, Cna.1' I1!s 1Ju:nfa:y Assistm~ County toumclor john$011- Count71..eg;d Dcpanmcnl 111 S. Chl:1l'I Street, Suiu:. 32DO ' 0b1hc. KS 6OOSL-3i41

1913l 71S·1865

Fax: (913) 7lS-t873

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rs 126

EXHIBIT A SECOND AMENDED

COMPLAINT WITH EXHIBITS

DOCKET NO. 31115-08

EXHIBIT A - SECOND AMENDED COMPLAINT WIT~ EXHIBITS

STATE OF KANSAS

KANSAS HUMAN RIGHTS COMMISSION

. SECOND AMENDED COMPlJ\INT

On the complaint of JACQIE SPRADLING

Complainant.

vs.

PHILL KUNE. Office of the District Attorney. 100 N. Kansas A_ve. P .0, (;Jox 728. Olathe, .

Kansas 66051 \

. And

'STEPHEN MAXWELL, OffiCe of the District Attom~y, 100 N. Kansas Ave, P.O. Box 728; Olathe, ~sas 66051 ' ,

And

THE STATE OF KANSAS, clo Attorney General Paul Morrison, 120 S.W. Tenth Avenue, 2nd Floor. Topeka, Kansas 66612' , ' . -;

And

. .

THE COUNTY OF JOHNSON COUNTY, Ig\NSAS. "c/o County Clerk, 111 S. Cherry,. Suite ' 1200, Olathe, Kansas 66061.

And

. .

THOSE PERSONS WHO AII?ED AND ABETTED THE VrOL.A_TIONSI INCLUDING: ' '

ERIC RUCKER, Ofticeofthe District Attorney, 100N. Kansas Ave, P.O. Box 728, Olathe, Kansas 66051

Respondents.

And

UNDA CARTER, Office of the District Attorney. 100 N. 'Kansas AVe. P.O. Box 728~ Olathe, Kansas 66051

I, .)ACQIE SPRADLING residing in at RR 3 •. Box 159, Paola. Kansas 66036. in Miami

County, Kansas, Charge Phill Kline, Stephen MaXWell, Johnson County Kansas, t~e State of Kansas, Eric Rucker and Linda Oarter, whose addresses are as designated above, and those other persons who aided and abetted the violations, with an unlawful practice within the meaning of:

[XX] The Kansas Act Against Discrininatio~ (Chapter 44, Art. to, K.S.A.) and specifically within the meaning of SUbsections (a)(1) and (a)(4) of Section 44-1009 of said Act, because of my RACE ( ), RELIGION (), COLOR (), $EX (XX); NATIONAL ORIGIN ( ), ANCESTRY o. DISABILITY ( ). RETALIATION (XX ), FAMILIAL STATUS ().

[] The Kansas Age Discrimination in Employment Act. (Chapter 44,. Art. 11, K.S.A.) and specifically within ~e meaning of subsection of Section of said Act, because of my AGE.

AlIeg~d Date of Incident on or about March 19. ~007 and continuing to the date of my· termination, April 24, 2007, and subsequent to April 24, 2007, to the extent that Respondents may have engaged in retaliatory post~n1ployment conduct.

The aforesaid chatges are based on the following facts:

I.' I was employed ~y ~e Johnso.n CountY· District Attomeys offi~ for, 15 years. On

March 19,2007, I submitted a memo toPhil1 Kline, objeCting to sex djscrimin'ation by Kline and tlis assistant, St~phen Maxwell. The memo was also submitted to the Department of Human Resources of Johnson County, Kan~s. Kline and Maxweil immediately began to , retaliate against me, as explained in Exhibit A., I inCorporate th.e allegations in EXhibit A·

II. Th~ Department of Human Resources of Johnson County commenced an '

inveStigation into my'aIlegations of se.x di$crimination. As part of that investigation the County requested on, April 19 that Kline's office ·p'rovide, a: copy of any audiO taped , conversations· with me, and aud~otapes of me. [Ex. ,61 On APfil20, the day after the CQunty Legal Department requested that Kline provide the audiotapes, Kline's office refused to ' cooperate ~ the County's investigation into sex discrimination. [Ex. 7] Two workdays

later, on April 24, Kline informed.me by telephone that I was fired. .

II., I believe that my Kline and Maxwell made the decision to termlriate'my employment in ·retaliation for my memo opposing sex discrimination, and the County's investigation of my allegations. I ~Iso believe that Kline and Maxwell reduced my responsibilities dUring me employment and relaBated against me based on my sex and my memo opposing sex ' discrimination.

III. I request: a) an injunction p,rotecting female employees from sex discrimination and

retaliation in the DA.'s office, b) an injunction requiring that the D.A.'s office adhere to the County's grievance procedures, c) reinstatement"or future lost wages in lieu of reinstatement, d) back pay and benefItS, e) legal fees, and f) all damag~ permitted by the Kansas Acts Against Discrimination, TiOe VII of the Civil Rights Act of 1964, or, in the altemative. the Civil Rights Act of 1991, 42 U.S.C. § 2000e-16a et seq. (the IIGovernment

Employee Rights Adj. '

. ,._

IV. The State of Kansas acted through J<line who is an agent and officer of the State of

Kansas. Johnson County acted through Kline, Maxwell, Rucker and Carter who are agents and employees of Johnson County, Kansas.

V. I have not commenced any acUon, civil or criminal, based upon the grieva~ce set forth

above, although I requested a grievance hearing with the CountY.. .

STATE OF KANSAS )

) SS.

COUNTY OF JOHNSON)

ie Spradling

Jacqie Spradling, being duly sworn, deposes and says th~t that she'is the Oomplalnant herein; that she has read the foregoing complaint and 'knows !be contents thereof; that the same is true of her own knowledge except .as to the matters therein stated on

information and belief; that as to those matters she eves the 'same to be true. " ..

~fbsc:nbed and sworn to before me, a.Nota

.lWti ~tWJ,alf .

. ,

(Signature of Notary Public)

B • LORI MARSHALL _ Nolary Pub ftc - Statl 01 Kansas My Appt. Explfls AprIl tI, 20CII

MY COMMISSION EXPIRES: If· It· ~q

EXmBITA

TO JACQIE SPRADLING KHRC AND EEOC COMPLAINTS

SUMMARY

1. I am an attorney, and was employed by the Johnson County District Attorney's Office from January 2, 1992, when I was hired as a Legal Intern, until I was involuntarily dismissed on April 24, 2007. During my 15 years of employment with the Johnson County District Attorney's Office, I was promoted to the positions of Assistant District Attorney I, Assistant District Attorney II, Lead District Attomey, Senior District Attorney, and Section Chief of the Domestic Violence unit.

2. As Section Chief of the Domestic Violence Unit, I supervised a staff of 4 attorneys and three interns, worked closely: with law enforcement personnel, maintained a caseload of over 400 points, assigned cases within the unit, supervised the prosecution of nearly 2,000 cases in 2006, trained my staff and law enforcement personnel in the area of domestic violence and made regular court appearances for hearings and trials.

3. I believe that Johnson County District Attorney Phill Kline, and Assistant District Attorney Steve Maxwell, acting individually and as agents of Johnson County, Kansas and the State of Kansas, terminated my employment in retaliation for my good faith complaint which alleged that Kline and Maxwell discriminated against females based upon their sex. I also believe that, prior to my termination, Kline and Maxwell retaliated against me in response to my good faith complaint, and that they reduced my responsibilities and discriminated against me based on my sex - female. Assistant. District Attorney Eric Rucker, and Office Administrator Linda Carter aided and abetted Kline and Maxwell.

4. The actions of Kline and Maxwell violated K.S.A. § 44-1009(a)(1) of the Kansas Acts Against Discrimination ("KAAD") which prohibits discrimination on the basis of sex, and K.S.A. § 44-1009(a)(4) which states that an employ may not "discharge, expel or otherwise discriminate against any person because such person has opposed any practices or acts forbidden under" the KAAD.

5.

The actions of those persons who assisted Kline and Maxwell violated K.S.A. § 44- 1009(a)(7) which states that it is a violation of the KAAD for any person ''whether an employer or an employee or not to aid, abet ... " a violation of the KAAD.

6.

Johnson County, Kansas and the State of Kansas Respondents are liable for the unlawful acts of Kline and Maxwell pursuant to 42 U.S.C. § 2000e-2(a), or, in the alternative, 42 U.S.C. § 2000e-I6b(a)(I), which prohibits discrimination based on sex, and 42 U.S.C. § 2000e-3(a), or, in the alternative, 42 U.S.C. § 2000e-16b(a)(I), which prohibits retaliation against a person who has opposed unlawful discrimination. Johnson County is also liable because Johnson County aided and abetted the discriminatory acts of Kline and Maxwell . by refusing to provide me with an administrative hearing and opportunity to challenge my dismissal.

"EMPLOYERS" AND PERSONS WHO AIDED AND ABETTED

7. Kline and Maxwell acted directly on behalf of my employer, and qualify as "employers" under K.S.A. § 44-1 002(b) in their individual capacities and in their capacities as officers of the Jolmson County, Kansas and the State of Kansas, and are subject to personal. liability under the Kansas Acts Against Discrimination.

8. Eric Rucker and Linda Carter have aided and abetted Kline and Maxwell, and are liable under K.S.A. § 44-1009(a)(7) regardless of whether they qualify as an "employer".

9. The State of Kansas, and the County of Johnson County, qualify as "employers" under K.S.A. § 44-1002(b), and 42 U.S.C. § 2000e(b), or, in the alternative, 42 U.S.C. § 2000e-

16c(a). .

10. 1 believe that various other individuals who are employed by Johnson County, Kansas in the office of the District Attorney assisted Kline and Maxwell in Kline's and Maxwell's retaliatory conduct, including Kline's and Maxwell's efforts to: (a) limit my responsibilities, (b) obtain information regarding my conversations, and (c) possibly also obtain other personal information,

MARCH 19,2007 MEMO TO KLINE AND JOHNSON COUNTY

11. On March 19,2007, I submitted a memo to Kline and the County's Human Resource Department, notifying them of sex discrimination by Kline and Maxwell that was directed toward me and other females in the office. [Ex. 1] Immediately after I submitted my memo complaining of sex discrimination, Kline and Maxwell began retaliating by reducing my duties, removing me on August 23 from the "on call" list which all Assistant District Attorneys participate in, and by removing me from a "sweep" operation conducted by the Olathe Police Department, and other punitive measures. The County began an investigation into my complaint of sex discrimination, and on April 19 the County's Legal Department requested that Kline's office "provide a copy of any audio taped conversations", with me, and audiotapes of me. [Ex. 6] On April 20, the day after the County Legal Department requested that Kline provide the audiotapes, Kline's office refused to cooperate with the County's investigation into sex discrimination. [Ex. 7] Two workdays later, on April 24, Kline informed me by telephone that I was fired.

12. I believe that Kline stopped participating in the County's investigation of sex discrimination because the County' s Legal Department requested any audio tapes of me, and I believe that my dismissal two workdays later is also directly connected to the County's investigation into my complaint of sex discrimination, and in particular the County's request for copies of audio tapes.

13. As explained in greater detail in the following paragraphs, and in the accompanying exhibits, Kline and Maxwell: (a) tolerated incompetence on the part of male attorneys, and (b) targeted female attorneys, including me, for unwarranted criticism, and (c) took responsibilities and duties away from me in response to my allegation that they

2

....

discriminated against females,' and (d) took intrusive and extraordinary steps to obtain information about my conversations and activities.

SEQUENCE OF PRIMARY EVENTS

14. On January 8, 2007, Phill Kline was sworn in as the Johnson County District Attorney.

Stephen Maxwell began employment as the Senior Deputy District Attorney in the Johnson County District Attorney's Office on January 8, 2007, also.

15. On January 11, 2007, my responsibilities for a homicide case were removed from me and transferred to a male attorney, Maxwell. Kline asked me to lie to the detectives assigned to the case, and to falsely state that I had asked to be removed from the case. Kline's subsequent explanation for the transfer was unfounded and pre-textual.

16. On January 12, 2007, Kline notified the Johnson County Board of Commissioners through the Commissioners' attorney that Kline's office would not follow the County's policies regarding hiring and firing procedures. After rejecting the County's policies regarding hiring and :firing procedures, Kline and the Office of the District Attorney failed to adopt a substitute policy protecting employees from dismissals that are based on unlawful retaliation and sex discrimination. Kline's rejection of the County's policies regarding dismissals, and his failure to adopt a policy protecting employees from unlawful dismissals, demonstrates an indifference to unlawful terminations that violate the KAAD and 42 U.S.C. § 2000e et seq, or, in the alternative, 42 U.S.C. § 2000e-16a et seq.

17. During the month of January, several of my team members resigned due to the office environment or were terminated by Kline. Kline placed new attorneys in some of the open positions, but the individuals had little to no experience with criminal prosecution. When I requested that my team be staffed adequately, Kline told me I had to ask a certain number of times before he would provide replacements, and later told me I was "just a bitchy woman."

18. On February 26, 2007~ a male employee hired by Kline touched the breast of a female staff member, and then just stood there looking at her. The female staff member did not report the incident because she feared she would lose her job.

19. I was demoted from working on homicide cases due to my gender, and I was informed that all homicide cases would now be reassigned to Maxwell. Kline lied to the Olathe police detectives involved in a particular homicide case I was prosecuting by stating that I did not want to work with the Olathe detectives on the case, and ordered me to join him in that lie.

20. Based on my observations of the treatment of women by Kline and his staff, on March 19, 2007, I submitted a memo to Kline requesting that Johnson County Human Resources be allowed to conduct an investigation into the treatment of women in the District Attorney's office. [Ex. 1]

3'

21. . Following numerous failures by the Johnson County District Attorney's office to

adequately prosecute cases and protect the citizens of Johnson County, I submitted an additional memo of concern to Kline on March 19,2007. The memo was also addressed to Maxwell and Eric Rucker, with a copy to Attorney General Paul Morrison. [Ex. 2]

22. In response to my March 19. 2007 memo regarding the status of the Johnson County District Attorney's Office, I received a memo from Maxwell asking that I provide additional information to support my memo and meet with him to "take up" his concerns about my performance and attitude that were "previously expressed" to me. [Ex. 3]

23. At no point since Maxwell began at the Johnson County District Attorney's Office had he informed me that there were any concerns with my performance or attitude. I explained this to Maxwell in an email dated March 19, 2007.

24. I was treated differently than male attorneys in the District Attorney's Office regarding attendance and work absences. Maxwell required me to approve all absences with him, and provide proof of my attendance at work related functions that caused me to be absent from the office. A copy of Maxwell's email discussing the attendance policy is attached as Exhibit 4.

25. On March 22, 2007, Maxwell attempted to exclude me from participating in "Operation Park Seven", which I had assisted with planning and coordinating. When I informed Sergeant Jack Farhnow that I would not be present at the operation, he asked that I attend to assist the law enforcement officials with any domestic violence questions. Maxwell was furious that I was invited by Sergeant Farhnow. The following day, Maxwell removed all of my on call responsibilities.

26. A law enforcement officer entered my office on March 22, 2007 and wrote a note to me stating, "I need to ta1k to you but not here." I met him at another location where I was informed that the District Attorney's office was under hidden camera surveillance according to Eric Rucker. I returned to my office and subsequently used a small radio frequency detector. The detector activated in my office, but not in other attorneys' offices that were tested.

27. During the Section Chief's meeting on March 27, 2007, Kline informed all in attendance, including myself, that he would "allow' Johnson County Human Resources to investigate the sexual discrimination claim that I had recently raised and that everyone was to cooperate with the county as they requested.

28. I used a more powerful radio frequency detector to scan my office on April 4, 2007. The detector found frequencies that indicated my office was under audio surveillance.

29. I was further singled out and harassed by Maxwell on April 4, 2007, when he "relieved me from any further responsibility" regarding a possible domestic violence charge. [Ex. 5]

30. On April 7, 2007, a radio frequency detector again indicated that audio surveillance was present in my office. I was unable to locate the equipment due to too many interruptions.

4

31. As Section Chief of the Domestic Violence Unit, I was responsible for assigning cases to my staff. I learned on April 11, 2007, that Maxwell had reassigned a case to an individual outside the Domestic Violence Unit after I had assigned the case to one of my staff. I emailed Kline, Maxwell and Rucker to ask if my duties as Section Chief had been removed from me. I received no response.

32. On April 12, 2007, I again emailed Kline, Maxwell and Rucker to ask if my role in assigning Domestic Violence cases had been removed. I explained the potential consequences of assigning Domestic Violence cases outside of the unit, and requested that I be allowed to assign Domestic Violence cases. Alternatively, I asked that if cases were to be assigned outside of the Domestic Violence unit, that I be allowed to provide the specific training necessary to successfully prosecute Domestic Violence cases.

33. On April 13, 2007, Maxwell reassigned a major domestic violence case from me to another prosecutor who was not a member of the domestic violence unit.

34. In April I submitted to Johnson County Human Resources a log of incidents and harassment that took place within the Johnson County District Attorney's Office.

35. On April 19, 2007, Johnson County Assistant County Counselor, F. Charles Dunlay, requested that Eric Rucker provide the following information to assist with the investigation of my complaint: 1) roster of attorneys, 2) list of all promotions or transfers since Kline took office, 3) all'job postings since Kline took office, and 4) any audio taped conversations of me. A copy of Dunlay's email is attached as Exhibit 6.

36. The following day, on April 20, 2007, Eric Rucker assisted Kline's and Maxwell's unlawful conduct by informing Dunlay that any "prior permission given to the County to conduct an inquiry" into my complaint "is hereby rescinded." A copy of Rucker's memo is attached as Exhibit 7.

37. On April 24, 2007, I received a phone call from Kline. Maxwell and Carter assisted Kline by participating in the call. In that conversation Kline informed me that my employment with the Johnson County District Attorney's Office was terminated. When I asked why, Kline provided no explanation, except that "I won't go there."

38. I believe that Kline and Maxwell, with the support of Rucker and Carter, terminated my employment in retaliation. for my memo opposing sex discrimination, and the County's investigation of my allegations.

JOHNSON COUNTY GRIEVANCE

39. Johnson County has adopted policies that entitle an employee who has been terminated to: (a) submit a grievance regarding the termination, (b) receive a hearing with a panel of three persons regarding the grievance. The County's policies authorize the hearing panel to rescind improper terminations.

40. Johnson County refused to provide me with the hearing that I requested.

5

41. Johnson County aided and abetted the discriminatory acts ofK1ine and Maxwell, in violationofK.S.A. § 44-1009(a)(1), when the County refused to provide me with a hearing and opportunity to challenge my termination.

REMEDY

42. The termination of my employment has caused me to lose substantial income, and I now earn significantly less than I earned while I was employed by Johnson County, Kansas. The termination of my employment, and the discriminatory and retaliatory conduct during my employment, has caused non-pecuniary damages including emotional pain and other damages for which the State of Kansas and Johnson County, Kansas are liable

pursuant to 42 U.S.C. § 198Ia(b). .

43. I request: a) an injunction protecting female employees from sex discrimination and retaliation in the D.A.'s office, b) an injunction requiring that the D.A:.'s office adhere to the County's grievance procedures, c) reinstatement or future lost wages in lieu of reinstatement, d) back pay and benefits, e) legal fees, and f) all damages permitted by the Kansas Acts Against Discrimination, Title vn of the Civil Rights Act of 1964, or, in the alternative, the Civil Rights of 1991, 42 U.S.C. § 2000e-16a et seq. (the "Government Employee Rights Act").

#

6

MEMORANDUM

') TO: Phill Kline
FROM: Jacqie Spradling
DATE: March 19,2007
Phlll: As you know, I am an experienced and successful career prosecutor. As you also know, you and one of your top aids recently lied to Olathe detectives and said that I did not want to work with them on the Solis file. When I asked you, Steve Maxwell and Eric Rucker about this, I was told that I would no longer handle homicide cases because they would be assigned to Steve Maxwell. I was also asked to lie to the detectives and falsely tell them that my removal from the Solis file was my idea.

You and Mr. Maxwell hurt my credibility and reputation with the Olathe detectives when you both lied . to them about my desire to work. with them. The problem was compounded when you decided to reduce my responsibility - demote me - by removing me from this homicide case so $It it could be re-essigned to Steve Maxwell.

I do not question your authority to decide office policy, and make decisions regarding case

...... , assignments and demotions. But, I am. concerned because there seems to be a pattern that bas now affected me personally. Over the last two months I have seen your administration tolerate incompetence on the part of male attorneys, while at the same time criticizing females and reducing the roles and responsibilities offemales in the office. One of your recently hired Assistant District Attomeys has said to at least one female.AD~ ''you should be home with your family'.

Because you have rejected the county's policies, and you have publicly said.that you will not follow them, you rejected - and apparently will not follow - the county policies that prohibit sex discrimination. This. is wrong, and I believe that it has hurt me directly. I request that you fix this

. problem, and that you return me to the full authority that I had before you and Mr. Maxwell mislead the Olathe detectives about my desire to prosecute the Solis file. I also request that you allow Ms. Freeman's office to look into the treatment of women under your administration.

Finally, I request that the issue in this memo be addressed independent of the issues raised in my accompanying memo that I submitted to you, Steve Maxwell, Eric Rucker, and Paul Morrison.

Cc: L. Freeman - Human Resources

'\ I

JS 003

-,

\

T,

MEMORANDUM

TO:

Phill Kline, Eric Rucker and Steve Maxwell

FROM:

J acqie Spradling

DATE:

March 19,2007

Phill, Eric and Steve:

Johnson County is blessed with the best law enforcement personnel that you will find anywhere.

Patrol officers, detectives, and the Sheriffs Dept work long hard hours to keep all ofus safe. Their 'efforts are wasted if the D.A.'s Office cannot handle the prosecutions. As a person who cares about Johnson County, and a career prosecutor, I am. concerned that dysfunction in the D.A.'s Office is creating a public safety crisis. Over the last two months I have seen the quality and quantity of work. in this office deteriorate, resulting in dismissals of criminal cases, and a growing backlog ofunfiled cases. Criminals are walking the streets of Johnson County because this office has botched cases that wauld have been routine successes in the past. Some examples:

• A police officer was not asked to identify 'the defendant at a prelim, and a.felony cbarge was not bound over for trial .

• Cases have been lost because the Assistant D.A. forgot to subpoena witnesses

• A probation revocation was dismissed because .the Assistant D.A. did not know how to prove a simple revocation

• Trials that should have gone forward have been continued because Assistant D.A.'s were not

ready for trial

• Juvenile ClN"C and delinquency charges are backlogged

• New Assistant D.i\.s have a low case load, yet are not successful in Court

• The Assistant D.A.s who preceded you are carrying a higher than reasonable case load due to the inabilities of those you brought in, leading to an all-time low morale.

There is a common theme IUIlDing through the cases - attomeys with little or no criminal prosecution experience have been hired and assigned to cases that they are not prepared to handle. As you know, some of the recent hires are not ready to even handle cases in the courtroom, and at least otow new hires have already been demoted.

We cannot wait for the new hires to learn their jobs - we have a crisis that needs to be addressed now. Although I am not in a position to decide how the D .A.' s Office operates, there is a logical interim solution that I hope you consider. It .is commcn for the Attorney General's Office to assist county prosecutors. The Attorney General's Office has a staff of experienced prosecutors. As a person who cares about Johnson County, and as an experienced prosecutor who understands the severity of the problem, I respectfully suggest that you arrange for the temporary assignment of experienced prosecutors from the A.G.'s office to our office.

"I

I

Finally, there is a separate issue affecting me that I also wish to address. This issue does not involve

Mr. Morrison's office, and is explained in the memo that is not being copied to Mr.

Morrison.

JS 001

Cc: Attorney General Paul Morrison

""'\-1

\ i

JS 002

,MEMORANDUM

TO:

FROM:

DATE:

RE:

Jacquie Spradling Stephen Maxwell March 19,2007

Your email memo dated March 19,2007

"Thank you for your recent e-mail regarding concerns about office performance. Thisis your first expression of such concerns and I am disappointed I have not heard your concerns previously, however.rest assured I take such issues seriously. It is difficult to respond to generalities so, accordingly, please reduce the specifics. to writing today. I expect your written response by 5 pm today."

You stated:

, 1. That cases have been lost because the ADA forgot to subpoena witnesses: - please list the cases and the ADA.

2. Aprobation re~ocation was dismissed because the Assistant D.A. did not know how to prove a

simple revocation; ~ please name the cases and the ADA. " .

"3.. An inordinate amount of continuances have been obtained since ADA's have not been ready

. for trial: again, please list the caSes." . .

4~ You claim that a large backlog of Juvenile cases has developed and that cases are not being handled appropriately: on what inf~rmation do you rely for such a statement - please be

-specific, "'

5: You also make a.similar Complaint regarding Mr. Hymer's work in CINe cases: please be,

specific regarding the information ~n which you rely. '

The only specific you mentioned regards a case in which an ADA with experience forgot to ID a defendant in court. You're right that the case was dismissed, however, it was immediately re-filed and ' the defendant remained in custody. The ADA is aware and has 'learned from his mistake and the public was not prej~

, .'

As it relates to your Section, the only new attorney who works with you is David Davies who now

carries one of the largest caseloads in your division, You have previously mentioned that you love David's work and dedication and hold nothing but praise for David. Is this still true? Has anything changed?

You state in your memo:

Finally, there is a separate issue affecting me that I also wish to address. This issue

. does not involve Mr. Morrison's office, and is explained in the accompanying memo

"that is not being copied to Mr. Morrison, .

. "

I have not seen any other memo other than what you sent me that was apparently cc' ed to the Attorney

General. If you want to raise other issues, please send that .other memo to me.

Also, please explain in writing why you found it necessary to copy Mr. Morrison on this communication ...... since you failed to first communicate these "concerns" in house. "

JS 004

,.

o

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Page 2-memorandum from Stephen Maxwell, dated March 19,2007

1 expect your answers by 5 pm. At that time we can also take up my concerns which 1 have previously' expressed to you about your demeanor and attitude in the office, your constant use of foul language, your failure to provide notice when you are absent; and your failure in handling the diversion pIO~,

including granting ~iversions to peIs~ns with previous felony convictions. 0

'.

o·

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JS 005

Good morning Steve. 'was :indeed on office business for more than 4 hours yesterday.

I'Ve claimed another 4 as personal time if I have any rerf!aining. and if not then vacation. l've reviewed the attached poliCV and am afraid I do Rot read it the same as you do. I understand

from the attached that staff and line. attorneys will receive prior permission to be gone, but do not believe it indicates a senior attorney such as myself must clear an absence with you, Rucker or Kline. If I've read the policy wrong please let me know. In addition, the -only other time I'm aware my absence from the office was questioned, is the time Erick was looking for me on a Friday afternoon when' was teaching at the_ Police Academy, GIS I've addressed in an earlier response to you. As indicated therein, I complied with the policy as I knew i~ by letting my trial assistant know wher~ I was. The following Monday, at conflicts meeting, or perhaps the next day at Section Chiefs meeting (I'm not sure) Kline asked what the policy was in reporting our absence. I indicated the policy was simply to let our trial assistants know where we were: All others in attendance agreed. Phill then indicated, ·we are all professionals here, that sounds OKAccordingly, , informed my trial assistant on Tuesday that I would. be out of the office tne'entire next day. As always. I had my cell phone with me and could be reached at any time. Finally, I respectfully disagree that you or anyone else have ever discussed my absence from work as a problem before .. Take care.

From: Maxwell, Stephen, DAT

Sent: Wednesday, March 21, 2007 4:18 PM To: Spradling, Jacqie, DAT

Subject: absence from work

Jacquie: You were gone from wort today and missed. t~e conflicts meeting. Since you. failed to show up for wort<, -you also missed a section 'chief meeting. You did not ask, inform or t~1 anyone in management (Phill, Eric or myself) that you 'planned to be gone from the office. You were not on offi~e business as far as I know. Please refer to Policy #17, issued by OA Kline in JanlJary .--2007 whiCh·is attached for your reference. Failure to-show up for work without prior approval

and/or knowledge of one' of the management personnel is unacceptable. This is not the first"time . I.have brought this -issue to your attention. Attendance at work is _mandatory. unless notiCe is provided. pursuant to the policy.

-,

Stephen D. Maxwell

Senior Deputy Disbict Attorney .. Office of District Attorney Phill Kline

10th Judicial District .

Olathe, KS

913-715-3000

.'

rs 060

."

.'

From: Maxwell, Stephen, OAT

Sent; Wcilnesday,·Apnl 04, 20078:01 PM To: Spradling, Jacqle, DATi Kline, Phil', OAT Cc:Rudker,Eric,O~T

Subjed; RE: re

Jacquie: Below is the email with what Phill asked. you to do in this case, ~ince yo~ state in your other email to me that you weren't asked to review fo~ filing a false police report or obstruction, 1 thoughl we should be dear on what. the boss actually asked you jo do so I ~~~ed his directions in this email. It is clear below that he asked you for recommendations on both DV and obstruction. He also asked for your opinion on any possible conflicts ,

and whether .~is office had an'J.pe~ding cases with this officer. .'

, have not seen any email from you ~bol,lt possible conflicts for this office prosecuting the case or any details .

about our pending cases wiltl At this pOint, 1 will take care of this' request from Phill. You are relieved

from any further responsibility for this matter. l Wi!1 handle it from this point forward. Please r~turn your copy of

the police reports to me and refer any future calls or inquiries on this matter to me. '. .

4/5/2007 .

is 072

..

I~~

,~.,

Dun1ay. Chuck. LGL

From:

Sent: lo~ Cc:

Subject:

Dunlay. Chuck, I.:.GL

Thursday. Apri119. 2.007 5:31 PM Rucker, Eric, OAT

Freeman. Lovlna, HRD

Administrative Investigation Information Request

Mr. Rucker.

Pleas.e pro~de Ms. Freeman or myself·with Ute fonowing:

·1) A roster of the att_omeys in your office along wilh their conesponding case load points as of 4/13 .or toda~:- whichever is easter. '.' '.

2) Please provide a list of aU promotions and transfers made since Mr. KUne took office.

3) Please provide .a copy of all job or prOmatiqnal posfugs·since Mr. Kline took office, 1f soy.

4\ Please provicfe a copy of any audio taped conversati.ons with or audiotapes of Jackie SpradUng.

: . • ,or: .....

..

Thank you for your assistance with regard to this malter.

. .

7. Cfi.a:rCes 1)u.nCay

Assistlnt CcnmlyCoumclor Johnson Co\lDtf Legal Dcpmmcnl 111 S. ~ Street. Suite 8200 . Olathe, IS 66G61-3-M.l

(918) 715-1865

Fa.~ (.913) 715-1873

~ clms\6hm1a.y@jn~.om

JS 126

1

MEMORANDUM ' TO: Chuck Dunlay, LOi. .?

FROM: Eric Rucker, DAT ~

RE: Inquiry

DATB: 4flO/07

RECEIVeD APR 232007

JQ co LEGAL DEPT

Johnson County was previously given permission by the Johnson County District Attotney, in the spirit of cooperation, to conduct an inquity into complaints of gender discrimination inappropriately filed with the Johnson County li'uman Resources Department by Jacquie·Spradlin& an employee of the Johnson County DistriCt Attorney's Office. The permission granted to the County by the JobnsoQ C01;Ulty District Attorney to <:anduct thb inquiry was strictlY,limited to reviewing the specific aforemsm,tioned

, complaint. ' . .

Although. the district attomey penmtted the Collilty to mak$ inquiry into this specific complaint with the cooperation oft'his office, ~ing so did not bind the Johnson County District Attorney to any findings, conclusioIlS'or teCOmmendations made as a result of tho County's in~ty.

The Johnson County District Attorney maintaiD$ the lUll authority to make p~onnel . decisions ill. the Johnson County Distdct Attorney's Office as he sees fit Further, permission to conduct the aforem~tioned inquiIy should not be conslmed by lohmon . County to eacompess any potential futitre eomplaints that may be filed by employees of the distrlct attorney's office with the J.ohnson County Human Resources Department The Johnson County District Attomey maintains the'sole authority to conduct all investigations into complaints made by its employees teping the in.tmnal matters of this office.

Th~ Johnson CountY District AttorneYI consistent with his authority to make all . petSonnel deem,ons, ~ completed its internal investigation iD10 Ms. Spradling's 'COmplaints of gender discrimination, and has found that they have no merit. ~ a res\1lt, j:hc Jobnson County District Attorney haa determined that there is no need for any tu:rther investigalion by the County. and the prior permission given to the County to conduct. an

inquiry into this matter. with tl),is office's coopetation:J is hereby rescinded. '

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JS 128

EXHIBIT B

12.22.08 NOTICE

EXHIBIT B - 12.22.08 NOTICE

COLANTUONO & AsSOCIA~, L.L.C.

JOSEPH R. COlANTUONO jc@ksmolaw.com KATHERINE A. WORTHINGTON kW@ksmolaw.com KATHERINE I. TRACY kt@Itsmolaw.com eliZABETH A. HANSON eh@ksmolaw.com

4601 COLLEGE BLVD.

SUITE 280 LEAWOOD, KANSAS 66211 913.345.2555

FAX 913.345.2557

ALL ATIORNEYS ADMITTED IN KANSAS AND MISSOURI

December 22, 2008

BY HAND DELIVERY

BY HAND DELIVERY

Casey Joe Carl

Clerk Board of County Commissioners of Johnson County, Kansas

Johnson County Administration Building 111 S. Cherry St., Suite 3300

Olathe, KS 66061-3486

Board of County Commissioners of Johnson County, Kansas

c/o Annabeth Surbaugh, Chairman Johnson County Administration Building 111 S. Cherry si, Suite 3300

Olathe, KS 66061-3486

BY FEDERAL EXPRESS

Attorney General Steve Six Office of the Attorney General

120 S.W. Tenth Avenue, 2nd Floor Topeka, KS 66612

Re: Jacqie Spradling v. Board of Commissioners of Johnson County, Kansas, et al.

Greetings:

Pursuant to K.S.A. § 12-105b(d) I am writing to notify the Board of Commissioners of Johnson County, Kansas, and the State of Kansas, that claimant Jacqie Spradling intends to file a civil suit against the Board of Commissioners of Johnson County, Kansas, as the governing body of Johnson County, Kansas, and against the State of Kansas, and against the following persons in their individual and official capacities - Johnson County District Attorney Phill Kline, Johnson County Assistant District Attorney Eric Rucker, former Johnson County Assistant District Attorney Stephen Maxwell, and former Johnson County employee Linda Carter. I request that the Clerk of the Board of Commissioners file this notice, and submit this claim for review by the Board of Commissioners.

Claimant:

Jacqie Spradling, RR 3, Box 159, Paola, Kansas 66036.

Attorney

Joseph R. Colantuono, 4601 College Blvd., Suite 280, Leawood, Kansas 66211.

Claim:

The claim is based on the facts recited in the attached Amended Complaint filed with the Kansas Human Rights Commission and the attached Amended Charge filed with the Equal Employment Opportunity Commission. The claim is based on sex

¢I' ''I).

discrimination and retaliatory conduct that occurred during Ms. Spradling's employment, and the discriminatory and retaliatory termination of Ms. Spradling's employment, and the denial of Ms. Spradling's request for a review and administrative hearing regarding her dismissal. The events occurred on multiple dates beginning approximately March 19,2007 through Ms. Spradling's dismissal on April 24, 2007, and the subsequent denial of her request for a review and administrative hearing. The claim is based on the following statutes:

42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act of 1964 as amended)

42 U.S.C. § 2000e-16a et seq. ("Government Employee Rights Act" of the Civil Rights Act of 1991)

K.S.A. § 44-1001 et seq. (Kansas Acts Against Discrimination)

42 U.S.C. § 1983

OfficerslEmployees: The persons believed to be involved are identified in the attached KHRC and EEOC complaints, and include Pbil1 Kline, Eric Rucker, Stephen Maxwell and Linda Carter.

Nature of Injuries: Spradling's injuries include past and future lost wages, denial of constitutional due process, and mental anguish.

Damages:

Ms. Spradling's lost income to date currently exceeds $45,000.00, and her future lost income will exceed $100,000.00. Her claim for mental anguish will seek to recover $300,000.00. Her request for statutory legal fees is expected to exceed $100,000.00.

cc:

Donald Jarrett (by email) Charles Dunlay (by email) Mike Jilka (by email)

Enclosures

I",J I,.· I:;)"

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~------.~---------------

STATE OF KANSAS

KANSAS HUMAN RIGHTS COMMISSION

DOCKET NO. 31115-08 . SECOND AMENDED COMPLAINT

On the complaint of JACQIE SPRADLING

Complainant.

vs.

PHILL KLINE, Office of the District Attorney. 100 N. Kansas Ave. P.O. eox 728. Olathe •.

Kansas 66051 .~

. And

-STEPHEN MAXWELL. Office of the DistrictAttom~y, 100 N. Kansas Ave, P.O. Box 728; Olathe. Kansas 66051 ' .

And

THE STATE OF KANSAS. c/o Attorney General Paul Morrison, 120 S.W. Tenth Avenue, 2nd Floor, Topeka, Kansas 66612' . . . -;

And

. .

THE COUNTY OF JOHNSON COUNTY. ISANSAS. c/o County Clerk, 111 S. Cherry., SUite . 1200. Olathe. Kansas 66061 •.

And

THOSE PERSONS WHO AIDED AND ABETTED THE VlOLATIONS~ INCLUDING: . .

. .

~~!'a "1' .

ERIC RUCKER. Office of the District Attorney, 100 N. Kansas Ave, P.O. Box 728, Olathe, Kansas 66051

Respondents.

And

UNDA CARTER. Office of the District Attorney, 100 N. Kansas Ave, P.O. Box 728; Olathe, Kansas 66051

I, JACQlE SPRADLING residing in. at RR 3,. Box 159, Paola, Kansas 66036, in Miami

County, Kansas. Charge Phill Kline, Stephen Maxwell. Johnson County Kansas, ihe State

. of Kansas, Eric Rucker and Linda Carter •. whose addresses are as designated above. and those other persons who aided and abetted the violations. with an unlawful practice within the meaning of:

[XX] The Kansas Act Against Discriminatiol"! (Chapter 44, M. 10, K.S.A.) and specifically within the meaning of subsections (a)(1) and (a)(4) of Section 44-1009 of said Act, because of my RACE ( ). RELIGION (). COLOR (), SEX (XX)~ NATIONAL ORIGIN ( ). ANCESTRY (), DISABILITY ( ), RETALIATION (XX ), FAMILIAL STATUS ().

[ ] The Kansas Age Discrimination in Employment Act (Chapter 44,. M 11. K.S.A.) and specifically within ~e meaning of subsection of Section of said Act, because of my AGE.

Alleged Date of Incident on or about March 19, Z007 and continUing to the date of my termination. April 24, 2007, and subsequent to April 24, 2007. to the extent that Respondents may have engaged in retaliatory post~ployment conduct

The aforesaid charges are based on the following fads:

I. I was employed by the Johnson County District Attorneys office for. 15 years. On

March 19,2007, I submitted a memo'to.Phili Kline.objeding to sex dJ$crimination by Kline and his assistant, S~hen Maxwell. The memo was also submitted to the Department of Human Resources of Johnson County, Kan~. Kline ~ Maxwell immediately began to . retaliate against me, as explained in Exhibit A., I inCorporate ~~ allegations in EXhibit A.,

II. The Department of Human Resources of Johnson County commenced an .

inveStigation into my 'allegations of sex d~mination. As part of that investigation the

County requested on,April19 that Kline's office -provide,a:copy of any audio taped , conversations- with me, and aud(otapes of me. [Ex. ,61 On APril 20, ihe day after ~e CQUnty , Legal Department requested that Kline provide the audiotapes, Kline's office refused to ' cooperate with the County's investigation into sex discrimination. (Ex. 7) Two workdays

later, on APril 24, Kli~ informed,me by telephone that I was fired. '

11., I believe that my Kline and Maxwell made the declslon to terminate'my employment in ·retaliation for my memo opposing sex discrimination. and the County's investigation of my allegations. I also believe that Kline and, Maxwell reduced my responsibilities during me

employment aOd retaliated against me based on' my sex and my memo opposing sex .

discrimination.

Ill. I request: a) an injunction protecting female employees from sex discrimination and

retaliation in the DA's office, b) an injunction requiring that the D.A.'s office adhere to the County's grievance procedures, c) reinstatemenfor future lost wages in lieu of reinstatement. d) back pay and benefits, e) legal fees, arid f) all demages permitted by the Kansas Acts ~ainst Discrimination, Title VII of the Civil Rights Act of 1964, or, in the alternative. the Civil Rights Act of 1991~ 42 \).S.C. § 200.Oe-16a etseq. (the uGove~ent

Em~loyee Rights AcfJ. '

IV. The State of Kansas acted through .Kline who is an agent and officer of the State of

Kansas. Johnson County acted through Kline, Maxwell, Rucker and Carter who are agents and employees of Johnson County, Kansas.

V. I have not commenced any action, civil or criminal, based ul?On the grieval)ce set forth

above, although I requested a grievance hearing with the County.

STATE OF KANSAS )

) SS.

COUNlY OF JOHNSON)

ie Spradling·

Jacqie Spradling. being. duly sworn, deposes and says th~t that she is the CoR:lplainant herein; that she has read the foregoing complaint and knows tbe contents thereof; that the same is true of her own knowledge except .as to the matters therein stated on

information and belief; that as to those matters she eves the ·same to be true. . .

~rbS~hed and sworn to before me, a.Nota

IWti H&dJaLe

A • LORI MARSHALL -. Hotary pubnc - State at Kansas My Appt. expires ....". a, 200t

MY COMMISSION EXPIRES: Ii· it - ~'1

.. ~;IJI'·

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...

EXIllBITA

TO JACQIE SPRADLING KHRC AND EEOC COMPLAINTS

SUMMARY

1. I am an attorney, and was employed by the Johnson County District Attorney's Office from January 2, 1992, when I was hired as a Legal Intern, until I was involuntarily dismissed on April 24, 2007. During my 15 years of employment with the Johnson County District Attorney's Office, I was promoted to the positions of Assistant District Attorney I, Assistant District Attorney Il, Lead District Attorney, Senior District Attorney, and Section Chief of the Domestic Violence unit

2. As Section Chief of the Domestic Violence Unit, I supervised a staff of 4 attorneys and three interns, worked closely with law enforcement personnel, maintained a caseload of over 400 points, assigned cases within the unit, supervised the prosecution of nearly 2,000 cases in 2006, trained iny staff and law enforcement personnel in the area of domestic violence and made regular court appearances for hearings and trials.

3. I believe that Johnson County District Attorney Phill Kline, and Assistant District Attorney Steve Maxwell, acting individually and as agents of Johnson County, Kansas and the State of Kansas, terminated my employment in retaliation for my good faith complaint which alleged that Kline and Maxwell discriminated against females based upon their sex. I also believe that, prior to my termination, Kline and Maxwell retaliated against me in response to my good faith complaint, and that they reduced my. responsibilities and discriminated against me based on my sex w female. Assistant. District Attorney Eric Rucker, and Office Administrator Linda Carter aided and abetted Kline and Maxwell.

4. The actions of Kline and Maxwell violated K.S.A. § 44-I009(aXI) of the Kansas Acts Against Discrimination ("KAAD") which prohibits discrimination on the basis of sex, and K.S.A. § 44-1009(a)(4) which states that an employ may not "discharge, expel or otherwise discriminate against any person because such person has opposed any practices . or acts forbidden under" the KAAD.

5.

The actions of those persons who assisted Kline and Maxwell violated K.S.A. § 44- 1009(a)(7) which states that it is a violation of the KAAD for any person ''whether an . employer or an employee or- not to aid, abet. . ." a violation of the KAAD.

6.

Johnson County, Kansas and the State of Kansas Respondents are liable for the unlawful acts of Kline and Maxwell pursuant to 42 U.S.C. § 2000e-2(a), or, in the alternative, 42 U.S.C. § 2000e-16b(aXl), which prohibits discrimination based on sex, and 42 U.S.C. § 2000~3(a)t or, in the alternative, 42 U.S.C. § 2000e-16b(a)(1), which prohibits retaliation against a person who has opposed unlawful discrimination. Johnson County is also liable because Johnson County aided and abetted the discriminatory acts of Kline and Maxwell . by refusing to provide me with an administrative hearing and opportunity to challenge

my dismissal. .

t",t~ •

.~, ..

"EMPLOYERS" AND PERSONS WHO AIDED AND ABETfED

7. Kline and Maxwell acted directly on behalf of my employer, and qualify as "employers" under K.S.A. § 44-1002(b) in their individual capacities and in their capacities as officers of the Johnson County, Kansas and the State of Kansas, and are subject to personalliability under the Kansas Acts Against Discrimination.

8. Eric Rucker and Linda Carter have aided and abetted Kline and Maxwell, and are liable under K.S.A. § 44-1009(a)(7) regardless of whether they qualify as an "employer".

9. The State of Kansas, and the County of Johnson County, qualify as "employers" under K.S.A. § 44-1002(b), and 42 U.~.C. § 2000e(b), or, in the alternative, 42 U.S.C. § 2000e- 16c(a).

10. I believe that various other individuals who are employed by Johnson County, Kansas in the office of the District Attorney assisted Kline and Maxwell in Kline's and Maxwell's retaliatory conduct, including Kline's and Maxwell's efforts to: (a) limit my responsibilities, (b) obtain information regarding my conversations, and (c) possibly also obtain other personal information.

MARCH 19, 2007 MEMO TO KLINE AND JOHNSON COUNTY

II. On March 19, 2007, I submitted a memo to Kline and the County's Human Resource

Department, notifying them of sex discrimination by Kline and Maxwell that was directed toward me and other females in the office. [Ex. 1] Immediately after I submitted my memo complaining of sex discrimination, Kline and Maxwell began retaliating by reducing my duties, removing me on August 23 from the "on call" list which all Assistant District Attorneys participate in, and by removing me from a "sweep" operation conducted by the Olathe Pollee Department, and other punitive measures. The County began an investigation into my complaint of sex discrimination, and on April 19 the County"s Legal Department requested that Kline's office ''provide a copy of any audio taped conversations". with me, and audiotapes of me. [Ex. 6] On April 20, the day after the County Legal Department requested that Kline provide the audiotapes, Kline's office refused to cooperate with the County's investigation into sex discrimination. [Ex. 7] Two workdays later, on ,April 24, Kline informed me by telephone that I was rued.

12. I believe that Kline stopped participating in the County's investigation of sex discrimination because the County's Legal Department requested any audio tapes of me, and I believe that my dismissal two workdays later is also directly connected to the County's investigation into my complaint of sex discrimination, and in particular the County's request for copies .of audio tapes.

13. As explained in greater detail in the following paragraphs, and in the accompanying exhibits, Kline and Maxwell: (a) tolerated incompetence on the part of male attorneys, and (b) targeted female attorneys, including me, for unwarranted criticism, and (c) took responsibilities and duties away from me in response to my allegation that they

2

I";

M'!"

~: !::i!

discriminated against females,' and (d) took intrusive and extraordinary steps to obtain information about my conversations and activities.

SEQUENCEOFP~YEVENTS

14. On January 8, 2007, Phill Kline was sworn in as the Johnson County District Attorney.

Stephen Maxwell began employment as the Senior Deputy District Attorney in the Johnson County District Attorney's Office on January 8, 2007, also.

15. On January 11, 2007, my responsibilities for a homicide case were removed from me and transferred to a male attorney, Maxwell. Kline asked me to lie to the detectives assigned to the case, and to falsely state that I had asked to be removed from the case. Kline's subsequent explanation for the transfer was unfounded and pre-textual.

16. On January 12, 2007, Kline notified the Johnson County Board of Commissioners through the Commissioners' attorney that Kline's office would not follow the County's policies regarding hiring and firing procedures. After rejecting the County's policies regarding hiring and firing procedures, Kline and the Office of the District Attorney failed to adopt a substitute policy protecting employees from dismissals that are based on unlawful retaliation and sex discrimination. Kline's rejection of the County's policies regarding dismissals, and his failure to adopt a policy protecting employees from unlawful dismissals, demonstrates an indifference to unlawful terminations that violate the KAAD and 42 U.S.C. § 2000e et seq, or, in the alternative, 42 U.S.C. § 2000e-16a et seq.

17. During the month of January,. several of my team members resigned due to the office environment or were terminated by Kline. Kline placed new attorneys in some of the open positions, but the individuals had little to no experience with criminal prosecution. When I requested that my team be staffed adequately, Kline told me I had to ask a certain number of times before he would provide replacements, and later told me I was "just a bitchy woman."

18. On February 26, 2007 ~. a male employee hired by Kline touched the breast of a female staff member, and then just stood there looking at her. The female staff member did not report the incident because she feared she would lose her job.

19. I was demoted from working on homicide cases due to my gender, and I was informed that all homicide cases would now be reassigned to Maxwell. Kline lied to the Olathe police detectives involved in a particular homicide case I was prosecuting by stating that I did not want to work with the Olathe detectives on the case, and ordered me to join him in that lie.

20. Based on my observations of the treatment of women by Kline and his staff on March 19,2007, I submitted a memo to Kline requesting that Johnson County Human Resources be allowed to conduct an investigation into the treatment of women in the District Attorney's office. [Ex. 1]

, <

21. 'Following numerous failures by the Johnson County District Attorney's office to

adequately prosecute cases and' protect the citizens of Johnson County, 1 submitted an additional memo of'concem to Kline on March 19,2007. The memo was also addressed to Maxwell and Eric Rucker, with a copy to Attorney General Paul Morrison. [Ex. 2]

22. In response to my March 19, 2007 memo regarding the status of the Johnson County District Attorney's Office, I received a memo from Maxwell asking that I provide additional information to support my memo and meet with him to "take up" his concerns about my performance and attitude that were "previously expressed" to me. [Ex. 3]

23. At no point since Maxwell began at the Johnson County District Attorney's Office had he informed me that there were any concerns with my performance or attitude. 1 explained this to Maxwell in an email dated March 19,2007.

24. 1 was treated differently than male attorneys in the District Attorney's Office regarding attendance and work absences. Maxwell required me to approve all absences with him, and provide proof of my attendance at work related functions that caused me to be absent from the office. A copy of~ell's email discussing the attendance policy is attached as Exhibit 4.

25. On March 22,2007, Maxwell attempted to exclude me from participating in "Operation Park Seven", which 1 had assisted with planning and coordinating. When 1 informed Sergeant Jack Farhnow that 1 would not be present at the operation, he asked that 1 attend to assist the law enforcement officials with any domestic violence questions. Maxwell was furious that 1 was invited by Sergeant Farhnow. The following day, Maxwell removed all of my on call responsibilities.

26. A law enforcement officer entered my office on March 22, 2007 and wrote a note to me stating, "I need to talk to you but not here." 1 met him at another location where 1 was informed that the District Attorney's office was under hidden camera surveillance according to Eric Rucker. 1 returned to my office and subsequently used a small radio frequency detector. The detector activated in my office, but not in other attorneys' offices that were tested.

27. During the Section Chiefs meeting on March 27, 2007, Kline informed all in attendance, including myself, that he would "allow" Johnson County Human Resources to investigate the sexual discrimination claim that I had recently raised and that everyone was to cooperate with the county as they requested.

28. 1 used a more powerful radio frequency detector to scan my office on April 4, 2007. The detector found frequencies that indicated my office was under audio surveillance.

29. 1 was further singled out and harassed by Maxwell on April 4, 2007, when he "relieved me from any further responsibility" regarding a possible domestic violence charge. [Ex. 5]

30. On April 7, 2007, a radio frequency detector again indicated that audio surveillance was

present in my office. 1 was unable to locate the equipment due to too many interruptions.

4

31. As Section Chief of the Domestic Violence Unit, I was responsible for assigning cases to my staff. I learned on April 11, 2007, that Maxwell had reassigned a case to an individual outside the Domestic Violence Unit after I had assigned the case to one of my staff. I emailed Kline, Maxwell and Rucker to ask ifmy duties as Section Chief bad been removed from me. I received no response.

32. On April 12, 2007, I again emailed Kline, Maxwell and Rucker to ask if my role in assigning Domestic Violence cases had been removed. I explained the potential consequences of assigning Domestic Violence cases outside of the unit, and requested that I be allowed to assign Domestic Violence cases. Alternatively, I asked that if cases were to be assigned outside of the Domestic Violence unit, that 1 be allowed to provide the specific training necessary to successfully prosecute Domestic Violence cases.

33. On April 13, 2007, Maxwell reassigned a major domestic violence case from me to another prosecutor who was not a member of the domestic violence unit.

34. In April 1 submitted to Johnson County Human Resources a log of incidents and harassment that took place within the Johnson County District Attorney's Office.

35. On April 19, 2007, Johnson County Assistant County Counselor, F. Charles Dunlay, requested that Eric Rucker provide the following information to assist with the investigation of my complaint: 1) roster of attorneys, 2) list of all promotions or transfers since Kline took office, 3) alljob postings since Kline took office, and 4) any audio taped conversations of me. A copy of Dunlay's email is attached as Exhibit 6.

36. The following day, on April 20, 2007, Eric Rucker assisted Kline's and Maxwell's unlawful conduct by informing Dunlay that any ''prior permission given to the County to conduct an inquiry" into my Complaint "is hereby rescinded." A copy of Rucker's memo is attached as Exhibit 7.

37. On April 24, 2007, I received a phone call from Kline. Maxwell and Carter assisted Kline by participating in the call. In that conversation Kline informed me that my employment with the Johnson County District Attorney's Office was terminated. When 1 asked why, Kline provided no explanation, except that "I won't go there."

38. I believe that Kline and Maxwell, with the support of Rucker and Carter, terminated my employment in retaliation for my memo opposing sex discrimination, and the County's investigation of my allegations.

JOHNSON COUNTY GRIEVANCE

39. Johnson County has adopted policies that entitle an employee who has been terminated to: (a) submit a grievance regarding the termination, (b) receive a hearing with a panel of three persons regarding the grievance. The County's policies authorize the hearing panel to rescind improper terminations.

40. Johnson County refused to provide me with the hearing that I requested.

5

41. Johnson County aided and abetted the discriminatory acts of Kline and Maxwell, in violation ofK.S.A. § 44-l009(a)(1), when the County refused to provide me with a hearing and opportunity to challenge my termination.

REMEDY

42. The termination of my employment has caused me to lose substantial income, and I now earn significantly less than 1. earned while I was employed by Johnson County, Kansas. The termination of my employment, and the discriminatory and retaliatory conduct during my employment, has caused non-pecuniary damages including emotional pain and other damages for which the State of Kansas and Johnson County, Kansas are liable pursuant to 42 U.S.C. § 1981a(b).

43. I request: a) an injunction protecting female employees from sex discrimination and retaliation in the D.A.'s office, b) an injunction requiring that the D.A.'s office adhere to the County's grievance procedures, c) reinstatement or future lost wages in lieu of reinstatement, d) back pay and benefits, e) legal fees, and f) all damages permitted by the Kansas Acts Against Discrimination, Title VII of the Civil Rights Act of 1964, or, in the alternative, the Civil Rights of 1991, 42 U.S.C. § 2000e-1OO et seq. (the "Government Employee Rights Act").

#

6

MEMORANDUM

') TO:

Phill Kline

FROM:

Jacqie Spradling

DATE:

.March 19,2007

Phil1:

As you know, I am an experienced and successful career prosecutor. As you also know, you and one of your top aids recently lied to Olathe detectives and said that I did not want to work with them on the Solis file. When I asked you, Steve Maxwell and Eric Rucker about this, 1 was told that I would no longer handle homicide cases because they would be assigned to Steve Maxwell. I was also asked to lie to the detectives and falsely tell them that my removal from the Solis file was my idea.

You and Mr. Maxwell hurt my credibility and reputation with the Olathe detectives when you both lied . to them about my desire to work with them. The problem was compounded when you decided to reduce my responsibility - demote me - by removing me from this homicide case SO ~at it could be re-assigned to Steve Maxwell.

I do not question your authority to decide office policy, and make decisions regarding case

.... assignments and demotions. But, I am. concerned because there seems to be a pattern that bas now

"' affected me personally. Over the last two months I have seen your administration tolerate incompetence on the part of male attomeys, while at the same time criticizing females and redu~g the roles and responsibilities of females in the office. One of your recently hired Assistant District Attorneys has said to at least one female AD~ "you should be home with your family".

Because you have rejected the county's policies, and you have publicly said .that you will not follow them, you rejected - and apparently will not follow - the county policies that prohibit sex discrimination. This. is wrong, and I believe that it bas hurt me directly. I request that you fix this

. problem, and that you return me to the full authority that I bad before you and Mr. Maxwell mislead the Olathe detectives about my desire to prosecute the Solis file. I also request that you allow Ms. Freeman's office to look into the treatment of women under your administration.

Finally, I request that the issue in this memo be addressed independent of the issues raised in my accompanying memo that I submitted to you, Steve Maxwell, Eric Rucker, and Paul MoIIison.

Co; L. Freeman - Human Resources

.... i

JS 003

-.

\

>.

"MEMORANDUM

TO:

Phill Kline, Eric Rucker and Steve Maxwell

FROM:

Jacqie Spradling

DATE:

March 19,2007

Phill, Eric and Steve:

Johnson County is blessed with the best law enforcement personnel that you will find anywhere.

Patrol officers, detectives, and the Sheriffs Dept work long hard hours to keep all ofus safe. Their 'efforts are wasted if the D.A.'s Office cannot handle the prosecutions. As a person who cares about Johnson County, and a career prosecutor, I am concerned that dysfunction in the D.A.'s Office is creating' a public safety crisis. Over the last two months I have seen the quality and quantity of work in this office deteriorate, resulting in dismissals of criminal cases, and a growing backlog. of unfiled eases. Criminals ate walking the streets of Johnson County because this office has botched cases that would have been routine successes in the past. Some examples:

• A police officer was not asked to identify the defendant at a prelim, and a fe~ony charge was not bound over for trial -

• Cases have been lost because the Assistant D.A7 forgot to subpoena witnesses,

• A probation revocation was dismissed because the Assistant DA. did not know how to prove a simple revocation

• Trials that should have gone forward have been continued because Assistant D.A.'s were not

ready for trial

• Juvenile CINC and delinquency charges are backlogged

• New Assistant DAs have a low case load, yet are not successful in Court

• The Assistant D.A.s who preceded you are carrying a higher than reasonable ease load due 1() the inabilities of those you brought in, leading to an all-time low morale.

There is a common theme running through the eases - attorneys with little or no criminal prosecution experience have been hired and assigned to cases that they ate not prepared 1() bandle. As you know, some of the recent hires axe not ready to even handle cases in the courtroom, and at least otow new hires have already been demoted.

We cannot wait for the new hires to learn their jobs - we have a crisis that needs to be addressed now. Although I am not in a position to decide how the D.A.'s Office operates, there is a logical interim solution that I hope you consider. It ,is common for the Attorney General's Office to assist county prosecutors. The Attorney General's Office has a staff of experienced prosecutors. As a person who cares about Johnson County, and as an experienced prosecutor who understands the severity of the problem, I respectfully suggest that you arrange for the temporary assignment of experienced prosecutors from the A.G.'s office to our office.

, ') Finally, there is a separate issue affecting me that 1 also wish to address. This issue does not involve

Mr. Morrison's office, and is explained in the memo that is not being copied to Mr.

Morrison.

JS 001

Cc: Attorney General Paul Morrison

JS 002

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j I~,I MEMORANDuM

TO:

FROM:

DATE:

RE:

Jacquie Spradling Stephen Maxwell March 19,2007

Your email memo dated March 19,2007

Thank you for your recent e-mail regarding concerns about office performance. Thisis your first expression of such concerns and I am disappointed I have not heard your concerns previously, however.rest assured I take such issues seriously. It is difficult to respond to generalities so, accordingly, please reduce the specifics" to writing today. I expect your written response by 5 pm today ..

You stated:

" 1. That cases have been lost because the ADA forgot to subpoena witnesses: - please list the cases and the ADA.

2. Aprobation revocation was dismissed because the Assistant D.A. did not know how to prove a

simple revocetion; • please name the cases and the ADA. . "

"~. An inordinate amount of continuances have been obtained since ADA's have not been ready

for trial: again, please list the cases. . .

4:· You claim that a large backlog of Juvenile cases has developed and that cases are not being handled appropruitely: on what Information do you rely for such a statement ~ please be

. specific, " " .

5: You also make a. similar complaint regarding Mr. Hymer's work in ~INC cases: please be. specific regarding the information ,?n which you rely.

The only specific you mentioned regards a case in which an ADA with experience forgot to ID a defendant in court. You're right that the case was dismissed, however, it was immediately re-filed and " the defendant remained in custody. The ADA is aware and has .leamed from his mistake and the

" public was not prejud_ieed..

.. ..

As it relates to your Section, the only new attorney who works with you is David Davies who now carries one of the largest caseloads in your division. You have previously mentioned that you love David's work: and dedication and hold nothing but praise for David. Is this still true? Has anything .changed?

You state in your memo:

Finally, there is a separate issue affecting me that I also wish to address. This issue

" does not involve Mr. Morrison's office, and is explained in the accompanying memo "that is not being copied to Mr. Morrison.

" " "

" " "

I have not seen any other memo other than what you sent me that was apparently cc' ed to the Attorney,

General. If you want to raise other issues, please send that .other memo to me.

• "

Also, please explain in writing why you found it necessary to copy Mr. Morrison on this communication .... since you failed to first communicate these "concerns" in house. "

JS 004

· .

Page 2-memorandum from Stephen Maxwell, dated March 19,2007

I expect your answers by ~ pm. At that time we can also take up my concerns which I have previously expressed to you about your demeanor and attitude in the office, your constant use of foul language, your failure to provide notice when you are absent; and your failure in handling the diversion program,

including granting diversions to persons with previous felony convictions. '

.' ,

'.

"

_.

"

"

"

JS 005

GOQd morning Steve. I was.indeed on office business for more than 4 hours yesterday. tve claimed another 4 as personal time if I have any remaining, and if not then vacation. I've reviewed the attached policy and am afraid I do not readit the same as you do. I understand

from the attached that staff and line attorneys will receive prior pennission to be gone, but do not believe it indicates a senior attorney such as myself must clear an absence with you, Rucker or Kline. If I've read the poGcy wrong please let me know, In addition, theooly other time I'm aware my absence from the office was questioned, is the time Erick was looking for me on a Friday afternoon when I was teaching at the Police Academy, as I've addressed in an earlier response to you. As indicated therein, I complied with the policy as I knew i~ by letting my trial assistant know. wher~ I was. The following Monday, at conflicts meeting, or perhaps the next day at Section Chiefs meeting (I'm not sure) Kline asked what the policy was in reporting our absence. I indicated the policy was simply to let our trial assistants know where we were: All others in attendance agreed. Phill then indicated, ·we are all professionals here, that sounds OK· Accordingly, I informed my trial assistant on Tuesday that I would. be out of the office the'entire next day. As always, , had my cell phone with me and could be reached at any time, Finally, I respectfully disagree that you or anyone else have ever d~ my absence from work as a problem before. ,Take care.

From: Maxwell, Steph~, DAT

Sent: Wednesday, March 21, 2007 4:18 PM To: Spradling, Jacqie, OAT

Subject: absence from work

.'

Jacquie: You were gone from work today and missedjhe conflicts meeting. Since you, failed to show up forwort<,'you also missed a section 'chief meeting. You did not ask, inform or t~1 anyone in management (Phin, Eric or myself) that you'planned to be gone from the office. You were not on offi~e business as far as I know. Please refer to Policy #17, issued by OA Kline in Jan!Jary : ·2007 which 'is attached for your reference. Failure to show up for work without prior approval and/or knowledge of one-of the management personnel is unat;eeptable. This is not the first'time

, I,have brought \his-issue to your attention. Attendance at wolk is J1l3ndatory, unless notiCe is provided, pursuant to the policy.

Stephen D. MaxweD

Senior Deputy District Attorney,' , Office of District Attorney Phill Kline

10th Judicial District '

Olathe. K.S

913-715--3000

IS 060

,.

From: Maxwell, stephen, t?AT

Sent; We<1nesday,·Apnl 04, 2.0078:01 PM To-: Spradling, JacqieJ DAT; Kline, Phill, DAT Cc:Rudker,Eric,DAT

Subjed; RE: re

Jacquie: Below is the email with what Phnt asked. you to do in this case~' ~ince yo~ slate in your other email to me Ulat you weren't asked to review fo~ filing a false police report or obstruction, I thought we should be clear on what the boss actually asked you to do so I pasted his directions in this email. It is clear below that he asked you for recommendations on both DV and obstruction. He also asked for your opinion on any poSsible conflicts, and whether .~his office had any. pe~ding cases with \his officer. ..

, have not seen any email from you about possible conflicts for this office prosecuting \he case or any details

about our pending cases with At this poin~ I will take care of this· request from Phill. You are relieved

from any further responsibnily for this matter. I Wi~1 handle it from this point forward. Please r~turn your copy of the police reports to me and refer any future cans or inquiries an this matter to me. '.

4/5/20Q7 .

JS 072

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Dunlay_ • .!:Jluck. lGl

From:

Sent: 10:' Cc:

Subject:

Ounlay~ Chuck. lGL

Thursday, Aprl119. 2.0075;31 PM Rucker, Eric, OAT

Freeman. lovlna. HRO

Admif'listrative Inv~stigaUon Information Requ~

Mr. Rucker.

Please pro~e Ms. Freeman or myself\vith the folowing~

'1) A roster of Ute att_omeys in your office along with their correspDnding case load points as of 4113,« today :- whiche'ler is easier. '" "

2) Please proWJe a list of an promotions and transfers made sInce Mr. Kline took. office.

, ,

3) Please provide ,a copy cl al job or promotional postklgs.since Mr. K1ine took office. if any_

4) Please provide a copy of any audio taped conversations with Of audiotapes of Jackie SpradUn9.

, I • or: ,".'

Thank you. for yout ~ssistance with regard to this rnalte~ •

, .

y. cFuaCes 1Junfay

AssislMlt Caunly Counselor JOhnsoll County Legal D~~ III S. ~ S1Icclt Suite 3200

01:dhe. KS 66061-3«1 (9\3) 715-1865

Fon: (913) 715-1873

E-modl: c1nd..dlmb.,:@incogov.om

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JS 126

1

lvIEMORANDU~1 .

TO: Chuck Dunlay, LGi. ? FROM: Eric Rucker, DAT f::21,--. RE: Inquiry

DATB: 4120107

R~CEIVED APR 232007

JO co LEGAL DEPT

Johnson County was previously given permission by the Johnson County Distriot.

Attotney, in the spirit of cooperation, to ijOnduct an inquity into complaints of gender discrimination inappropriately filed with the Johnson County Human Resources Department by Jaequie-Spradling, an employee of the Johnson County District Attorney's Office. The permission granted to the County by the J ohnsoQ COl_1llty District Attorney to conduct this inquiry was strictly.Jimited 10 reviewing the· specific aforem~oned

. complaint. .

..

Although the district attorney pemntted the County to make inquiIy into this specific romplaint with the c:oopemtion of this office, ~oing so did not bind the Johnson County District Attorney to any "findings, conclusions' or rccom'intmdations made as a result of the County's in~ty.

The Johnson County Dis\t1ct Attorney maintains the fun authority to make petSOnne1 " decisions in the Johnson County District Attorneys Offitc as he sees fit. Further, pennission to ijOnduct the aforem~tioned inquiry should not be construed by Jobns.on . County 10 ~compass anypotcntW futilre complaints that maybe filed by emplo~ of the district attorney's office with the Johnson County Human Resources Department. The Johnson County District Aitomey maintains the" sole au\horl~ to conduct all investigations into complaints made by its employees .rcgaxding the internal mattes of this office.

The Jobnson County Distria Attorney, con$istent with his authority to ~akc all " persOnnel" decisions. ha.; completed its internal investigatio~ into Ms. Spradlints -complaints of gender discrimination, and has found that they have no merit As a result. Jhe Johnson County District Attorney has determined that thert is no need for eny further investigation by the County~ and the prior pennission given to the County to conduct an

inquity into this matter, with this officc·s coopetatioD, is hereby rescinded. -

IS 128

n

CHARGE OF DISCRIMINATION

CHARGE NUMBER 28lJ.2007 -00695

Il FEPA EEOC

'. nis fonn is affected by !he Privacy Act of 1974; see Privacy Act Statement before completing !his fonn.

AMENDED CHARGE KANSAS HUMAN RIGHTS COMMISSION and EEOC

(State or local Agency, if any)

NAME (Indicate Mr., Ms., or Mrs.)

HOME TELEPHONE NO. (Include Area Code)

Clo attorney @ 913.345.2555

Jacqie Spradling

CITY, STATE AND ZIP CODE

DATE OF BIRTH

STREET ADDRESS

RR 3, Box 159 Paola, Kansas 66036 February 1960

NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITIEE, STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (If more than one list below.)

NAME NO. OF TELEPHONE NUMBER (Include Area

EMPLOYEESIMEMBERS Code)

County of Johnson County, Kansas

Over 300

Clo atty Chuck Dunlay @ 913.715.1865

CITY, STATE AND ZIP CODE Olathe, Kansas 66061

STREET ADDRESS

CIO County Clerk111 S. Cherry Suite 1200

COUNTY

Johnson

NAME

TELEPHONE NUMBER (Include Area Code)

785.296.2215

State of Kansas

STREET ADDRESS

CITY, STATE AND ZIP CODE

COUNTY Shawnee

clo Attorney General Steve Six Topeka, Kansas 66612

120 SW 10th Avenue, 2nd Floor

.IfAUSE OF DIWRIMINATION BASED ON (Check appropriate box(es))

RACE COLOR XX SEX RELIGION

NATIONAl ORIGIN XX RETALIATION AGE

DISABILITY OTHER (Specify) n

DATE DISCRIMINATION TOOK PLACE

- EARLIEST LA TEST

January, 2007

April 24, 2007

See Exh A regarding CONTINUING ACTION

THE PARTICULARS ARE (ff additional space is needed. attach extra sheet(s»):

I. I was employed by the Johnson County District Attorney's office for 15 years. On March 19, 2007,

I submitted a memo to Phill Kline objecting to sex discrimination by Kline and his assistant, Stephen Maxwell. The memo was also submitted to the Department of Human Resources of Johnson County, Kansas. Kline and Maxwell immediately began to retaliate against me, as explained in Exhibit A. I incorporate the allegations in Exhibit A.

r'"

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II. The Department of Human Resources of Johnson County commenced an investigation into my \.

It:!

allegations of sex discrimination. As part of that investigation the County requested on April 19 that '~:

Kline's office "provide a copy of any audio taped conversations" with me, and audiotapes of me. [Ex. 61 $z On April 20, the day after the County Legal Department requested that Kline provide the audiotapes, Kline's office refused to cooperate with the County's investigation into sex discrimination. [Ex. 7] Two

~~ workdays later, on April 24, Kline informed me by telephone that I was fired. ~~

II. I believe that my Kline and Maxwell made the decision to terminate my employment in retaliation ;~i for my memo opposing sex discrimination, and the County's investigation of my allegations. I also befie~~ that Kline and Maxwell reduced my responsibilities during me employment and retaliated against me based on my sex and my memo opposing sex discrimination.

til. I request: a) an injunction protecting female employees from sex discrimination and retaliation in

the D.A's office, b) an injunction requiring that the D.A.'s office adhere to the Colinty's'grievance

--_ ..... _--------------------------

xocedures, c) reinstatement or fut, 1 lost wages in ,ieu of reinstatement 4) back pay and benefrts, e) egal fees. and f) all damages pemln(ed by the Kansas Acts Against Disc'linination. Title VII of the Civil ={ights Act of 1964, or, in the alternative, the Civil Rights Act of 1991. 42 U.S.C. § 2000e-16a et seq. (the 'Government Employee Rights Acf').

W. The State of Kansas acted through Kline who is an agent and officer of the State of Kansas. Johnson County acted through KJine, Maxwell, Rucker and Carter who are agents and employees of Johnson County, Kansas.

V. I have not commenCed any action. civil or criminal. based upon the grievance set forth above,

although I requested a grievance hearing with the County.

xx '_1hIs chaIge lied wiIb boIh Ihe EEOC and !be SIaleorUai ~J I aIr/. I wi advise !be agencies f I Gbange my addIesli orlell!phone rumer and 0D0peAaIe fLty VdIb Ibem n 1he processiIg of my dage it accordaIIce wiIIIlheir procedures.

I swearor6n1hal1 have teallbeaboYechalge and that I ~ true 10 Ibe bestdmy knowledge, .!fonnation and belief.

Notary Public • Stata Of Kansas r My Appt. Expires ApfiI6, 2009

EOC Fonn 5 (Rev. 06192)

EXHmITA

TO JACQIE SPRADLING KHRC AND EEOC COMPLAINTS

'00

SUMMARY

1. I am an attorney, and was employed by the Johnson County District Attorney's Office from January 2, 1992, when I was hired as a Legal Intern, until I was involuntarily dismissed on April 24, 2007. During my IS years of employment with the Johnson County District Attorney's Office, I was promoted to the positions of Assistant District Attorney I, Assistant District Attorney II, Lead District Attorney, Senior District Attorney, and Section Chief of the Domestic Violence unit

2. As Section Chief of the Domestic Violence Unit, I supervised a staff of 4 attorneys and three interns, worked closely with law enforcement personnel, maintained a caseload of over 400 points, assigned cases within the unit, supervised the prosecution of nearly 2,000 cases in 2006, trained my staff and law enforcement personnel in the area of domestic violence and made regular court appearances for hearings and trials.

3. 0 I believe that Johnson County District Attorney Phill Kline, and Assistant District Attorney Steve Maxwell, acting individually and as agents of Johnson County, Kansas

and the State of Kansas, terminated my employment in retaliation for my good faith complaint which alleged that Kline and Maxwell discriminated against females based upon their sex. I also believe that, prior to my termination, Kline and Maxwell retaliated . ." against me in response to my good faith complaint, and that they reduced my responsibilities and discriminated against me based on my sex - female. Assistant District Attorney Eric Rucker, and Office Administrator Linda Carter aided and abetted Kline and Maxwell.

4. The actions of Kline and Maxwell violated K.S.A. § 44-1oo9(a)(1) of the Kansas Acts Against Discrimination ("KAAD") which prohibits discrimination on the basis of sex, and K.S.A. § 44-1009(a)(4) which states that an employ may not "discharge, expel or otherwise discriminate against any person because such person has opposed any practices or acts forbidden under" the KAAD.

5.

The actions of those persons who assisted Kline and Maxwell violated K.S.A. § 44- 1009(a)(7) which states that it is a violation of the KAAD for any person ''whether an employer or an employee or not to aid, abet. . ." a violation of the KAAD.

6.

Johnson County, Kansas and the State of Kansas Respondents are liable for the unlawful acts of Kline and Maxwell pursuant to 42 U.S.C. § 20ooe-2(a), or, in the alternative, 42 U.S.C. § 20ooe-I6b(a)(1), which prohibits discrimination based on sex, and 42 U.S.C, § 2ooOe-3(a), or, in the alternative, 42 U.S.C. § 20ooe-16b(a)(1), which prohibits retaliation against a person who has opposed unlawful discrimination. Johnson County is also liable because Johnson County aided and abetted the discriminatory acts of Kline and Maxwell by refusing to provide me with an administrative hearing and opportunity to challenge my dismissal.

"EMPLOYERS" AND PERSONS WHO AIDED AND ABETTED

7. Kline and Maxwell acted directly on behalf of my employer, and qualify as "employers" under K.S.A. § 44-1002(b) in their individual capacities and in their capacities as officers of the Johnson County, Kansas and the State of Kansas, and are subject to personal liability under the Kansas Acts Against Discrimination.

8. Eric Rucker and Linda Carter have aided and abetted Kline and Maxwell, and are liable under K.S.A. § 44-1009(a)(7) regardless of whether they qualify as an "employer".

9. The State of Kansas, and the County of Johnson County, qualify as "employers" under K.S.A. § 44-I002(b), and 42 U.S.C. § 2000e(b), or, in the alternative, 42 U.S,C. § 2000e- 1OO(a).

10. I believe that various other individuals who are employed by Johnson County, Kansas in the office of the District Attorney assisted Kline and Maxwell in Kline's and Maxwell's retaliatory conduct, including Kline's and Maxwell's efforts to: (a) limit my responsibilities, (b) obtain information regarding my conversations, and (c) possibly also' obtain other personal information.

MARCH ~9, 2007 MEMO TO KLINE AND JOHNSON COUNTY

II. On March 19, 2007, I submitted a memo to Kline and the County's Human Resource

Department, notifying them of sex discrimination by Kline and Maxwell that was directed toward me and other females in the office. [Ex. 1] Immediately after I submitted my memo complaining of sex discrimination, Kline and Maxwell began retaliating by reducing my duties, removing me on August 23 from the "on call" list which all Assistant District Attorneys participate in, and by removing me from a "sweep" operation conducted by the Olathe Police Department, and other punitive measures. The County began an investigation into my complaint of sex discrimination, and on April 19 the County's Legal Department requested that Kline's office "provide a copy of any audio taped conversations" with me, and audiotapes of me. [Ex. 6] On April 20, the day after the County Legal Department requested that Kline provide the audiotapes, Kline's office refused to cooperate with the County's investigation into sex discrimination. [Ex. 7] Two workdays 1ater, on April 24, Kline informed me by telephone that I was fired.

12. I believe that Kline stopped participating in the County's investigation of sex discrimination because the County' s Legal Department requested any audio tapes of me, and I believe that my dismissal two workdays later is also directly connected to the County's investigation into my complaint of sex discrimination, and in particular the County's request for copies of audio tapes.

13. As explained in greater detail in the following paragraphs, and in the accompanying exhibits, Kline and Maxwell: (a) tolerated incompetence on the part of male attorneys, and (b) targeted female attorneys, including me, for unwarranted criticism, and (c) took responsibilities and duties away from me in response to my allegation that they

2

discriminated against females, and (d) took intrusive and extraordinary steps to obtain information about my conversations and activities.

SEQUENCE OF PRIMARY EVENTS

14. On January 8, 2007, Phill Kline was sworn in as the Johnson County District Attomey.

Stephen Maxwell began employment as the Senior Deputy District Attorney in the Johnson County District Attorney's Office on January 8, 2~7, also.

15. On January 11, 2007, my responsibilities for a homicide case were removed from me and transferred to a male attorney, Maxwell. Kline asked me to lie to the detectives assigned to the case, and to falsely state that I had asked to be removed from the case. Kline's subsequent explanation for the transfer was unfounded and pre-textual.

16. On January 12, 2007, Kline notified the Johnson County Board of Commissioners through the Commissioners' attorney that Kline's office would not follow the County's policies regarding hiring and firing procedures. After rejecting the County's policies regarding hiring and firing procedures, Kline and the Office of tJ1e District Attomey failed to adopt a substitute policy protecting employees from dismissals that are based on unlawful retaliation and sex discrimination. Kline's rejection of the County's policies regarding dismissals, and his failure to adopt a policy protecting employees from unlawful dismissals, demonstrates an indifference to unlawful terminations that violate the KAAD and.42 U.S.C. § 2000e et seq, or, in the alternative, 42 U.S.C. § 2000e-16a et seq.

17. During the month of January, several of my team members resigned due to the office environment or were terminated by Kline. Kline placed new attomeys in some of the open positions, but the individuals had little to no experience with criminal prosecution. When I requested that my team be staffed adequately, Kline told me I had to ask a certain number of times before he would provide replacements, and later told me I was "just a bitchy woman."

18. On February 26, 2007, a male employee hired by Kline touched the breast of a female staff member, and then just stood there looking at her. The female staff member did not

report the incident because she feared she would lose her job. -,

19. I was demoted from working on homicide cases due to my gender, and I was informed that all homicide cases would now be reassigned to Maxwell. Kline lied to the Olathe police detectives Involved in a particular homicide case I was prosecuting by stating that I did not want to work with the Olathe detectives on the case, and ordered me to join him in that lie.

20. Based on my observations of the treatment of women by Kline and his staff, on March 19, 2007, I submitted a memo to Kline requesting that Johnson County Human Resources be allowed to conduct an investigation into the treatment of women in the District Attorney's office. [Ex. 1]

3

'.'

."

21. Following numerous failures by the Johnson County District Attorney's office to adequately prosecute cases and protect the citizens of Johnson County, I submitted an additional memo of concern to Kline on March 19, 2007. The memo was also addressed to Maxwell and Eric Rucker, with a copy to Attorney General Paul Morrison. [Ex. 2J

22. In response to my March 19, 2007 memo regarding the status of the Johnson County District Attorney's Office, I received a memo from Maxwell asking that I provide additional information to support my memo and meet with him to ''take up" his concerns about my performance and attitude that were "previously expressed" to me. [Ex. 3J

23. At no point since Maxwell began at the Johnson County District Attorney's Office had he informed me that there were any concerns with my performance or attitude. 1 explained this to Maxwell in an email dated March 19, 2007.

24. 1 was treated differently than male attorneys in the District Attorney's Office regarding attendance and work absences. Maxwell required me to approve all absences with him, . and provide proof of my attendance at work related functions that caused me to be absent from the office. A copy of Maxwell's email discussing the attendance policy is attached as Exhibit 4.

25. On March 22,2007, Maxwell attempted to exclude me from participating in "Operation Park Seven", which 1 had assisted with planning and coordinating. When I informed Sergeant JackFarhnow that 1 would not be present at the operation, he asked that 1 attend to assist the law enforcement officials with any domestic violence questions. Maxwell was furious that I was invited by Sergeant Farhnow. The following day, Maxwell removed all of my on call responsibilities.

26. A law enforcement officer entered my office on March 22, 2007 and wrote a note to me stating, "I need to talk to you but not here." I met him at another location where I was informed that the District Attorney's office was under bidden camera surveillance according to Eric Rucker. I returned to my office and subsequently used a small radio . frequency detector. The detector activated in my office, but not in other attorneys' offices that were tested.

27. During the Section Chief's meeting on March 27,2007, Kline informed all in attendance, including myself, that he would "allow" Johnson County Human Resources to investigate the sexual discrimination claim that 1 had recently raised and that everyone was to cooperate with the county as they requested.

28. 1 used a more powerful radio frequency detector to scan my office on April 4, 2007. The detector found frequencies that indicated my office was under audio surveillance.

29. I was further singled out and harassed by Maxwell on April 4, 2007, when he "relieved me from any further responsibility" regarding a possible domestic violence charge. [Ex. 5]

30. On April 7, 2007, a radio frequency detector again indicated that audio surveillance was present in my office. I was unable to locate the equipment due to too many interruptions.

4

31. As Section Chief of the Domestic Violence Unit, 1 was responsible for assigning cases to my staff. 1 learned on April 11, 2007, that Maxwell had reassigned a case to an individual outside the Domestic Violence Unit after I had assigned the case to one of my staff. 1 emailed Kline, Maxwell and Rucker to ask if my duties as Section Chief had been removed from me. 1 received no response.

32. On April 12, 2007, 1 again emailed Kline, Maxwell and Rucker to ask if my role in assigning Domestic Violence cases had been removed. I explained the potential consequences of assigning Domestic Violence cases outside of the unit, and requested that 1 be allowed to assign. Domestic Violence cases. Alternatively, I asked that if cases were to be assigned outside of the Domestic Violence unit, that I be allowed to provide the specific training necessary to successfully prosecute Domestic Violence cases.

33. On April 13, 2007, Maxwell reassigned a major domestic violence case from me to another prosecutor who was not a member of the domestic violence unit.

34. In April 1 submitted to Johnson County Human Resources a log of incidents and harassment that took place within the Johnson County District Attorney's Office.

35. On April 19, 2007, Johnson County Assistant County Counselor, F. Charles Dunlay. requested that Eric Rucker provide the following information to assist with the investigation of my complaint: 1) roster of attorneys, 2) list of all promotions or transfers since Kline took office, 3) aU job postings since Kline took office, and 4) any audio taped conversations of me. A copy of Dunlay's email is attached as Exhibit 6.

36. The following day, on April 20, 2007, Eric Rucker assisted Kline's and Maxwell's unlawful conduct by informing Dunlay that any "prior permission given to the County to conduct an inquiry" into my complaint "is hereby rescinded." A copy of Rucker's memo is attached as Exhibit 7.

37.

On April 24, 2007, 1 received a phone call from Kline. Maxwell and Carter assisted Kline by participating in the call. In that conversation Kline informed me that my employment with the Johnson County District Attorney's Office was terminated. When 1 asked why, Kline provided no explanation, except that "I won't go there."

38.

1 believe that Kline and Maxwell, with the support of Rucker and Carter, terminated my employment in retaliation for my memo opposing sex discrimination, and the County's

investigation of my allegations. ..'

JOHNSON COUNTY GRIEVANCE

39.

Johnson County has adopted policies that entitle an employee who has been terminated to: (a) submit a grievance regarding the termination, (b) receive a hearing with a panel of three persons regarding the grievance. The County's policies authorize the hearing panel to rescind improper terminations.

40.

Johnson County refused to provide me with the hearing that 1 requested.

5

. .

41. Johnson County aided and abetted the discriminatory acts of Kline and Maxwell, in violation of K.S.A. § 44-I009( a)(l)~ when the County refused to provide me with a hearing and opportunity to challenge my termination.

REMEDY

42.

The termination of my employment has caused me to lose substantial income, and I now earn significantly less than I earned while I was employed by Johnson County, Kansas. The tennination of my employment, and the discriminatory and retaliatory conduct during my employment, has caused non-pecuniary damages including emotional pain and other damages for which the State of Kansas and Johnson County, Kansas are liable pursuant to 42 U.S.C. § 1981a(b) .:

rt

{~ ..

I request: a) an injunction protecting female employees from sex discriminatiJ~ and ': retaliation in the D.A.'s office, b) an injunction requiring that the D.A.'s office adhere-to . the County's grievance procedures, c) reinstatement or future lost wages in lieu of reinstatement, d) back pay and benefits, e) legal fees, and 1) all damages permitted by the Kansas Acts Against Discrimination, Title vn of the Civil Rights Act of 1964, or, in the alternative, the Civil Rights of 1991,42 U.S.C. § 2000e·16a et seq. (the "Government Employee Rights Act").

43."

#

6

. MEMORANDUM

'\

TO:

Phill Kline

FROM:

J acqie Spradling

DATE:

. March 19,2007

Phill:

~ you know, I am an experienced and successful career prosecutor. As you also know, you and one of your top aids recently lied to Olathe detectives and said that I did not want to work with them on the Solis file. When I asked you, Steve Maxwell and Eric Rucker about this, I was told that I would no longer handle homicide cases because they would be assigned to Steve Maxwell. I was also asked to lie to the detectives and falsely tell them that my removal from the Solis file was my idea.

You and Mr. Maxwell hurt my credibility and reputation with the Olathe detectives when you both lied . to them about my desire to work with them. The problem was compounded when you decided to

reduce my responsibility - demote me - by removing me from this homicide case so that it could be re-assigned to Steve Maxw~ll.

I do not question your authority to decide office policy, and make decisions regarding case

.... , assignments and demotions. But, I am concerned because there seems to be a pattern that has now affected me personally. Over the last two months I have seen your administration tolerate incompetence on the part of male attomeys, while at the same time criticizing females and reducing the roles and responsibilities of females in the office. One of your recently hired Assistant District Attomeys has said to at least one feinale ADA, "you should be home with your family".

. . ,

Because you have rejected the county's policies, and you have publicly saidthat you will not follow them, you rejected - and a~tly will not follow - the county policies that probibit sex discrimination. This. is wrong, and I believe that it bas hurt me directly. I request that you fix this problem, and that you return me to the full authority that I had before you and Mr. Maxwell mislead the Olathe detectives about my desire to prosecute the Solis file. I also request that you allow Ms. Freeman's office to look into the treatment of women under your administration.

Finally, I request that the issue in this memo be addressed independent of the issues raised in my accompanying memo that I submitted to you, Steve Maxwell, Eric Rucker, and Paul Morrison.

Cc; L. Fleeman - Human Resources

..., i

JS 003

\

"

MEMORANDUM

TO:

Pbill 'Kline, Eric Rucker and Steve Maxwell

FROM:

Jacqie Spradling

DATE:

March 19, 2007

Phill, Eric and Steve:

Johnson County is blessed with the best law enforcement personnel that you will find anywhere.

Patrol officers, detectives, and the Sheriff's Dept work long hard hours to keep all of us safe. Their efforts are wasted if the DA.'s Office cannot handle the prosecutions. AJ; a person who cares about Johnson County, and a career prosecutor, I am concerned that dysfunction in the D.A.' s Office is creating a public safety crisis. Over the last two months I have seen the quality and quantity of work in this office deteriorate, resulting in dismissals of criminal cases, and a growing backlog, of unfiled cases. Criminals are walking the streets of Johnson County because this office has botched cases that would have been routine successes in the past. ' Some examples:

• A police officer was not asked to identify the defendant at a prelim, and a feJony charge was not bound over for trial '

• Cases have been lost because the Assistant D.A. forgot to subpoena witnesses,

• A probation revOcation was dismissed because the Assistant D.A. did not know how to prove a simple revocation

• Trials that should have gone forward have been continued because Assistant D.A.'s were not

ready for trial

• Juvenile CINC and delinquency charges are backlogged

• New Assistant DAs have a low case load, yet are not successful in Court

• The Assistant D.A.s who preceded you are carrying a higher than reasonable case load due to the inabilities of those you brought in, leading to an all-time low morale.

There is a common theme running through the cases - attorneys with little or no criminal prosecution experience have been hired and assigned to cases that they are not prepared to handle. As you know, some of the recent hires are not ready to even handle cases in the courtroom, and at least otow new hires have already been demoted. '

We cannot wait for the new hires to learn their jobs - we have a crisis that needs to be addressed now. Although I am not in a position to decide how the D.A.'s Office operates, there is a logical interim , solution that I hope you consider. It is common for the Attorney General's Office to assist county prosecutors. The Attorney General's Office has a staff of experienced prosecutors. AJ; a person who cares about Johnson County, and as an experienced prosecutor who understands the severity of the problem, I respectfully suggest that you arrange for the temporary assignment of experienced prosecutors from theA.G.'s office to our office.

Finally, there is a separate issue affecting me that I also wish to address. This issue does not involve

Mr. Morrison's office, and is explained in the memo that is not being copied to Mr.

Morrison.

JS 001

Cc: Attorney General Paul Morrison

JS 002

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~/; MEMORANDuM

TO:

FROM:

DATE:

RE:

Jacquie Spradling Stephen Maxwell March 19,2007

Your email memo dated March 19,2007

Thank yon for your recent e-mail regarding concerns about office performance. Thisis your first expression of such concerns and I am disappointed I have not heard your concerns previously, however;rest assured I take such issues seriously. It is difficult to respond to generalities so, accordingly, please reduce the specifics to writing today. I expect your written response by 5 pm today ..

You stated:

1. That cases have been lost because the ADA forgot to subpoena witnesses: - please list the cases

and the ADA. .

2. A'probation revocation Was dismissed because the Assistant D.A. did not know how to prove a

simple revocation; - please name the cases and the ADA. . .

. ~. An inordinate amount of continuances have been obtained since ADA's have not been ready

. for trial: again, please list the cases. . .

4: You claim that a large backlog of Juvenile cases has developed and that cases are not being handled approprhitely: on what Information do you rely for such a statement - please be

-specific. .'

-, 5: You also make asimilar Complaint regarding Mr. Hymer's work in CINe cases: please be.

specific regarding the information on which you rely. .

The only specific yon mentioned regards a case in which an ADA with experience forgot to ID a defendant in court. You're right that the case was dismissed, however,. it was immediately re-filed and . the defendant remained in custody. The ADA is aware and has Ieamed from his mistake and the public was not prej~ced.

.. .. .

As it relates to your. Section, the only new attorney who works with you is David Davies who now carries one of the largest caseloads in your division. You have previously mentioned that you love David's work and dedication and hold nothing but praise for David. Is this still true? Has anything

h' .....II?

C angear

You state in your memo:

Finally ~ there is a separate issue affecting me that I also wish to address. This issue does not involve Mr. Morrison's office, and is explained in the accompanying memo 'that is not beingcopied to Mr. Morrison.

. .

I have not seen any other memo other than what you sent me that was apparently cc' ed to the Attorney·

General. If yon want to raise other issues, please send that.other memo to me.

Also, please explain in writing why you found it necessary to copy Mr. Morrison on this communication .,...since you failed to first communicate these "concerns" in house. .

JS 004

Page 2-memorandum from Stephen Maxwell, dated March 19, 2007

I expect your answers by 5 pm. At that time we can also take up my concerns which I have previously expressed to you about your demeanor and attitude in the office, your constant use of foul language, your failure to provide notice when you are absent; and your failure in handling the diversion progr~,

including granting diversions to persons with previous felony convictions. .

.' .

'.

.'

.'

' .

. . .

JS 005

Good morning Steve. I was.indeed on office business for more than 4 hours yesterday.

I've claimed another 4 as personal time if I have any remaining, and if not then vacation. I've reviewed the attached policy and am afraid I do not read' it the same as you do. I understand . from the attached that staff and line attorneys will receive prior permission to be gone. but do not believe it indicates a senior attorney such as myself must clear an absence with you, Rucker or Kline. lr I've read the policy wrong please let me know. In addition, the-only other time I'm aware my absence from the office was questioned, is the time Erick was looking for me on a Friday afternoon' when I was teac~ing at the P9lice Academy I as I've addressed in an earlier response to you. As indicated therein. I complied with the policy as I knew ~ by Jetting my trial assistant khow. wher~ I was. The followirig Monday, at conflicts meeting, or perhaps the next day at Section Chiefs meeting (I'm not sure) Kline asked what the policy was in reporting our absence. I indicated the policy was simply to let our trial assistants know where we were: All others in attendance agreed. Phill then indicated, ·we are all professionals here, that sounds OK" A(;C()rdingly, I infonned my trial assistent on Tuesday that I WOUld. be out of the office the' entire next day. As always, I had my cell phone with me and could be reached at any time. Finally, I respectfully disagree that you or anyone else have ever discussed my absence from wock. as a problem before •. Take care.

If"" •

From: Maxwell, stephen, OAT

Sent: Wednesday, March 21,20074:18 PM To: Spradling, Jacqie, OAT

Subject: absence from work

Jacqufe: You were gone frOm work today and missed. ~e conflicts meeting. Since you. failed to show up for work, 'you also missed a section "Chief meeting. You did not ask, inform or t~11 anyone in management (Phill. Eric or myself) that you 'planned to be gone from the office. You were not on office business as iar as I know. Please refer to Policy #17, issued by 01\ Kline in January . . ·2007 whith'is attached for your reference. Failure to show up for work without prior approval

and/or knowledge of one-of the management personnel is ulla(:Ceptable. This is not the first"time

. I ,have brought this -issue to your attention. Attendance at work is .mandatory. unless notiCe is prOVided. pursuant to the policy.

Stephen D. Maxwell

Senior Deputy District Attorney·' . OffICe of Distrlct Attorney Phill Kline

1 Oth Judicial District .

Olathe, KS

913-715-3000

• "1;1' ,'It,

"

j~

IS 060

From: Maxwell, Stephel:i, OAT

Sent; We<Jnesday, ,Apnl 04, 2007 8';01 PM To: Spradling, Jacqie, OAT; Kline, Phill, OAT ce Rucker, Erte, Oi\T

Subject: RE: re

Jacquie: Below is the email with what Phill asked, you to do in this case.' Since you state in your other email to me that you weren't asked to review for filing a false police report or obstruction. I thought we should be clear on what the boss actually asked you to do so I pa~ted his directions in this email. It is clear below that he asked you for recommendations on both OV and obstruction. He also asked for your opinion on any possible conflicts, and whetherJhis office had ariY,pending ~es with this officer. .'

I have not seen any email frol_ll you ~bout possible conflicts for this office prosecuting the case or any details

about our pending cases with At this point, I wiU take care of this' request from Phill. You are relieved

from any further responsibmty for this matter, l ~i!1 handle it from this point forward. Please r~tum your copy of

the police reports to me and refer any future calls or inquiries on this matter to me. '. ,

:'

4/5/2007 .

JS 072

Dunlay~ Chuck, LGL

From:

Sent: lQ:

Cc:

Subject:

Dunlay, Chuck, lGL

Thursday. Apri119, 20075:31 PM Rucker. Eric, OAT

Freeman, Lovlna, !-IRD .

AdmlnistraUve Investigation Information Requ~t

Mr. Rucker.

Please p~ Ms. Freeman or myself' with the following:

'1) A roster of Ute attorneys in your office along with l1eir correspomftn9 case load points as of 4113 or today - whichever

is easier. . '. . . ,

. .

2) Please provide a list of an promotions and transfers made since Mr. K6ne took office.

,

3) Please provide ,a copy cl al job or promotional postings-Since Mr. Kline look office, if any.

4) Please provide a copy of any audio taped conversations with or audiotapes of Jackie Sprad«n9.

,or: .

..

Thank you for your assistanc;e with regard to \his malt~. •

y. Cfi.a:rCes 1JunCa:y Assistant ComLy Counselor JOhnsOIl Count)' I..I:gai Dllpartmcnt

111 S. Oleny Sired, SuilC 3200 . Olathe. n 66061-3«1

1915) 11S-1865

P'~ (913) 715-1873

E-mail: druc\,dl\nb. .. -@ina-wv.on;

JS 126

1

,

lvlEMORANDUJ\lI .

TO: Chuck Dunlay. LOi. .? FROM: Eric Rucker. DAT ~ . RE: Inquiry

DATB:4aW07 .

RECEIVED APR 232007

JQ co LEGAL OEPT

J obnson County was previously given permission by the Johnson County District Attorney, in the spirit of cooperation, to conduct an inquiry into complaints of gender discrimination inappropriately filed with the Johnson County Human Resources Department by Jaequie-Spradling, an employee of the Johnson County District Attorney's Office. The permission granted to the County by the Johnson Co1;Ulty District Attorney to conduct this inquiry was strict\y.limited to reviewing the specific aforem~ntionOO

. complaint. .

.'

Although the district attorney pCnnitted the Cooilty to make inquhy into this specific

coni plaint with the coopcmtion of this office, ~ing so did not bind the Johnson County District Attorney to any findings, conclusioDS'or recommendations made as a result of the County's in~ry.

The Johnson County District Attorney maintains the fun aUthorlty to make pelSonne1 . decisions in. the Johnson County Distdct Attomets Office as he sees fit Further, pennission to conduct the aforemeplioned inquity Should not be oonstnKd by Jo~on . County to ~compass any potel\.tW futilre complaints that may be filed by employees of the district attorney's office with the Johnson County Human Resources Department The Johnson County District Attomey maintains the· sole authority to conduct all investiga~ons into complaints made by its employees regarding the intemal mattelS of this office.

The Johnsol1 County Di$trict Attomey, consistent with his authority to make aU petSbnnet ciCt;isi.ODSJ ~ completed its internal investigatio~ into Ms. Spradling's -complaints of gen.der discrimination, and has found that they have no merit As a result. .the Johnson County District Attomey has determined that there is no need for any further investigation by the County, and the priorpennission giVCl\ to the Cilunty· to conduct an

inquiry into this matter, with this office's cooperations is hereby rescinded. .

EXHIBIT C KHRC PROBABLE

CAUSE DETERMINATION

K A N

S A S

MARK PARKINSON, GOVERNOR WILLIAM V. MINNER EXECUTIVE DIRECfOR RUT.H GLOVER

ASSISTANT DIRECfOR

JUDY FOWLER

SENIOR LEGAL COUNSEL BILL WRIGHT

TOPEKA INVESTIGATIVE ADMINISTRATOR

ORIE KIRKSEY

TOPEKA INVESTIGATIVE ADMINISTRATOR

JANE L. NEA VB

WICHITA INVESTIGATIVE ADMINISTRATOR RICKFISCHU

RACIAL AND OTHER PROFILING

ADMINISTRATOR

BETH MONTGOMERY

OFFICE MANAGER

EXHIBIT C - KHRC PROBABLE CAUSE DETERMINATION

LOU ANN THOMS. Chair TOPEKA

TERRY CROWDER TOP)3KA

DA VIO HANSON

TOPEKA CLYDBHOWARD MANHATTAN ANTH:ONY VILLEGAS. SR KANSAS CITY

JEROME WILLIAMS WICHITA

KANSAS HUMAN RIGHTS COMMISSION

TrY (785) 296-0245 FAX (78S) 296-OS89 800# 1-888-193-6814

LANDON STATE OFFICE BLDG. - STS FLOOR 900 S.W. JACKSON - SUITE 568 S.

TOPEKA, KANSAS 66612-1258 (785) 296-3206 www.khrc.net

November 13, 2009

Joseph R. Colantuono Colantuono Bjerg Guinn, LLC Suite 375 del Sarto Building 7015 College Boulevard Overland Park, Kansas 66211

RE: Case No. 31115-08 Amended, Spradling v. Phill Kline, et. al,

Dear Mr. Colantuono:

The Kansas Human Rights Commission has completed its investigation of your client's complaint charging Phill Kline, et. at with a violation of the Kansas Act Against Discrimination/Kansas Age Discri_mination in Employment Act.

The Commission Investigator presented the findings to the Investigating Commissioner, who reviewed the facts in the case file and rendered a Probable Cause determination on the allegations alleged in the complaint. A copy of the Case Summary is enclosed for your review.

The Kansas Act Against Discrimination/Kansas Age Discrimination in Employment Act provides that an immediate effort be made to eliminate unlawful acts or practices through conference and conciliation when a Probable Cause determination is made. Therefore, you will be contacted in the near future by a Commission representative to begin this conciliation process. If you have a new telephone number or address, please contact this office as soon as possible.

Sincerely,

~~

Executive Director

WVM:ch Enclosure

cc: Investigating Commissioner

Case Summary Report

Case No. 31115~08 Amended

Jacqie Spradling RR3,Box 159 Paola, Kansas 66036

Phill Kline, et. al.

% Reid F. Holbrook, Esq. Holbrook & Osborn, P.A.

7400 West 11 Olh Street, Suite 600 Overland Park, Kansas 66210-2362

vs.

Investigator: Barbara Girard

Summary Date: November 5, 2009

Summary of Investigative Findings

Complainanfs Allegations

Complainant alleges that Respondents discriminated against her based on her sex, female, and retaliated against her for having openly opposed acts and practices forbidden by the Kansas Act Against Discrimination.

Respondent's Defense

Respondents deny that they discriminated against Complainant based on her sex, female; or that they retaliated against her, Respondents assert that any actions taken with regard to Complainant at anytime were based on legitimate, nondiscriminatory reasons having nothing to do with her gender. Respondents are former Johnson County District Attorney Phill Kline. former Johnson County Chief Deputy District Attorney Bric Rucker, former Johnson County Senior Deputy District Attorney Steve Maxwell, former Johnson County District Attorney Office Director of Administration Linda Carter, the State of Kansas, and Johnson County.

Investigative Findings

Examination of the evidence reflects the following:

Before January 8, 2007 Complainant had served as an Assistant District Attorney (ADA) in the Johnson County District Attorney's Office (DA's Office) since January 2, 1992. She was involuntarily discharged on Apri124, 2007. Complainant was an experienced senior attorney who supervised the Domestic Violence Section in the DA's Office. During her fifteen (15) years of employment with the DA's Office, she was promoted to the positions of ADA I, ADA II, Lead District Attorney, Senior District Attorney and Section Chief of the Domestic Violence Unit. She supervised as many as four (4) attorneys and three (3) interns. She worked closely with law enforcement personnel, maintained a large case load, assigned cases within the Unit. supervised the prosecution of nearly 2,000 cases in 2006, trained her staff and law enforcement personnel in the area of domestic violence and made regular court appearances for hearings and trials.