ELSMERE, Ky. — In a lawsuit filed Monday, former Elsmere police chief Joseph Maier is alleging Mayor Marty Lenhof wrongfully fired him after Maier uncovered unethical behavior by a city police officer.
Lexington-based attorney Kate Bennett is representing Maier. She said he is seeking recompense for lost wages, emotional distress and punitive damages.
"This is an individual that saw misconduct within his department, decided to take action to resolve [it], had no support from city officials — specifically the mayor — and then was terminated for doing his job and doing the right thing," she said.
In a statement released Wednesday, a spokesperson for the city called the lawsuit "unfounded."
"The city has no intention of litigating this case in the media," said Patrick Crowley on behalf the city of Elsmere. "We look forward to vigorously defending the mayor and the city. The city will have no further comment at this time."
Maier was officially let go on Aug. 2, 2023.
"I learned of some concerning issues with operations and management of the police department," Lenhof wrote in a termination letter to Maier that day. "Especially concerning was the hostile work environment."
Bennett said Maier denies those claims.
The lawsuit stems from Maier's May 2023 investigation into a female sergeant within the department.
The suit claims it was around that time the former chief was informed by a detective that an Elsmere police sergeant was sending inappropriate messages to a parolee and visiting him while she was on duty.
The parolee, Ryan Hill, was convicted in April 2023 after attempting to procure sex online from someone he believed to be a 15-year-old girl.
"The lawsuit, it speaks for itself," Bennett said. "When [Maier] began to investigate this person, he found himself terminated."
Maier went on to launch an internal investigation, the lawsuit claims, where he reviewed Hill's cell phone records.
"... It was confirmed that [she] had not only been communicating with Hill while on duty, but she had also been sending Hill explicit photos of herself while working for EPD," the lawsuit claims.
A press release from Bennett stated the woman had communicated with Hill “over 3,845 times.”
As the investigation continued, the suit claims Maier discovered the female employee was spending "significant portions of time" at Lenhof's home and office while she was on duty.
Maier’s suit alleges he repeatedly emailed and phoned these issues to Lenhof in an effort to begin disciplinary action.
"After several weeks, he continued to try to contact the mayor," Bennett said. "The mayor simply became unavailable: did not visit the police department, did not attempt to engage in any sort of communication with [Maier] or individuals within the police department."
The suit claims Maier took matters into his own hands on July 31, 2023. On that day, around 11 a.m., he informed the sergeant she was under investigation and discipline would be forthcoming.
"Less than four hours later, he was terminated," Bennett said.
The same day, the female sergeant went into City Attorney Greg Voss’ office. The suit names former city administrator Matthew Dowling as witness to this.
At 3 p.m. Maier was ordered into Lenhof’s office. The suit states that Maier was offered one month’s severance pay to resign. He declined and was fired on Aug. 2.
The termination letter, sent to Maier, characterizes his tutelage of the department as shoddy and Maier himself as “insubordinate.”
Bennett denied those claims on behalf of her client.
"This is information that we believe the public needs to know," she said. "I think over the course of the next several weeks and months, the public will will see that there is a direct and tangible evidence of this occurring within the city."
Maier spent decades working as a law enforcement officer prior to being at the helm of the Elsmere Police Department.
He began his career as an investigator for the Citizen Compliance Board in Washington, D.C., Bennett said, before going on to work for the Northern Kentucky University Police Department and Florence Police Department.
He now serves as a specialist for the Fort Mitchell Police Department, she said.
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