VILLA HILLS — Mayor Steve Clark should rescind his order to fire Police Chief Michael “Corky” Brown, or the city could face “a nasty, lengthy and expensive whistle blower-type lawsuit,” an attorney hired by the City Council said Friday.

        In an hourlong presentation, Covington lawyer Phil Taliaferro, retained Jan. 6 by council to investigate Mr. Brown's Dec. 28 firing, tried to show that Mr. Clark had retaliated against the chief because Mr. Brown cooperated in investigations of the mayor.

Villa Hills resident Margie Tenkman and Kim Gemmer, who is Michael “Corky” Brown's sister, sit with a photo of the fired police chief during Friday's meeting. (Brandi Stafford photo) | ZOOM |

        The chief's firing also may have violated a city ordinance, Mr. Taliaferro said. And the timing of the chief's dismissal to coincide with the release of an unflattering state audit report may have implied that the firing was done for cause, which could trigger the chief's rights under the Policeman's Bill of Rights, he said.

        “I think this is a serious matter,” Mr. Taliaferro told Villa Hills City Council. “The city is at risk, without any question, to lawsuits involving the whistle-blower (statute.)”

        About 400 people packed the River Ridge Elementary cafeteria on a snowy Friday night to hear Mr. Taliaferro detail his findings — with exhibits documenting the mayor's alleged actions during the past nine months.

        Many in the audience held signs expressing support for Mr. Brown, and for City Clerk Sue Kramer, who was also fired by the mayor. She is the wife of Councilman Bob Kramer.

        The five council members present Friday said they want to meet soon with Mr. Clark to try to resolve the situation.        

Resignation talk
        But if things can't be worked out to the satisfaction of the fired employees and the city, four of those present Friday — council members Tim Sogar, Denny Stein, Mike Sadouskas and Mr. Kramer — said they would call for the mayor to resign.

        “The mayor should reinstate Corky Brown and Sue Kramer and work with council to resolve the situation,” Mr. Sogar said to applause from the crowd. “If that can't be done, I'd like to see the mayor resign for the betterment of the city.”

        First-term Councilman Bob Krems, who pledged to be “fair, honest and objective” in his recent campaign, called for both parties to reach an agreement “that works for everybody,” but he stopped short of calling for Mr. Clark's resignation.

        The mayor, who told city officials he could not attend Friday's meeting because of a prior commitment, did not return phone calls Friday night.

        In the past, however, Mr. Clark has denied that the firing of Mr. Brown, as well as the dismissal of Mrs. Kramer, were in retaliation for anything done against him. But Mr. Clark also has refused to say why the two longtime city employees were fired.

        Mr. Taliaferro said the chief was dismissed for cooperating with investigators probing allegations of misspending and sexual harassment against the mayor.

        This is the first time the allegations about retaliation have surfaced directly, although this suburban community of 8,000 has been simmering with tensions and political infighting for more than a year, and some council members have called for the mayor's resignation.

        Mr. Taliaferro originally had planned to deliver his report as part of council's regularly scheduled meeting Wednesday. However, the mayor canceled that meeting, citing concerns about fire code violations, when a crowd estimated at 300 — nearly triple the room's occupancy — showed up.

        That meeting has been rescheduled for 6:30 p.m. Jan. 29 in the cafeteria of River Ridge Elementary.
       

Community forum

        Citizens to Make Villa Hills The Most Livable City ... Again — named after the 1994 title that Cincinnati Magazine bestowed on the community — will meet at River Ridge on Jan. 26. The 7 p.m. town forum will give residents a chance to ask questions about recent city events, leaders said.

        The group has signed up about 100 households as members, and it is circulating petitions seeking the reinstatement of the police chief and city clerk.

        The Kentucky Attorney General's office and the Kenton County Commonwealth Attorney's office spent several months last year investigating allegations that Mr. Clark broke state bidding laws by sending a concrete company $25,025 for sidewalk construction.

        Council was not informed about the spending. It is against state law to spend $10,000 or more on a project without putting it out for competitive bidding, which the mayor failed to do.

        But a Kenton County Grand Jury declined to return an indictment against Mr. Clark.

        However, because Mr. Brown “cooperated completely with the attorney general's office in this investigation,” he was fired, Mr. Taliaferro said.        

Harassment charge
        Mr. Brown also participated in and cooperated with an investigation that Mr. Clark sexually harassed Judy Hodges, a Clermont County accountant who worked part-time for the city last year.

        In a Nov. 4 memo to Mr. Clark, members of council, and former City Attorney Lawson Walker — who resigned effective Jan. 16 at Mr. Clark's request — that has been obtained by Mr. Taliaferro, Ms. Hodges said she was resigning “due to the harassment I suffered from (Mr. Clark) as mayor.”

        Two days later, in a Nov. 6 memo from Mr. Brown to Mr. Clark, the chief said he talked with Ms. Hodges “regarding her complaint to find out if the complaint was criminal (rubbing and touching of someone, etc.)”

        “After talking with her, I decided there was nothing criminal, but may be civil,” the chief said, adding that he referred the information to Mr. Walker.

        No other details about the alleged harassment were available Friday. When reached at her home Friday night, Ms. Hodges said that whether or not she takes any civil or other actions against Mr. Clark or the city depends on the mayor.

        Ms. Hodges declined to elaborate on the allegations of harassment, except to say that the mayor had threatened retaliation against her.

        Mr. Brown has retained his own attorney and is apparently going to try to get back his job of 16 years.

        Mr. Taliaferro said Friday that if Mr. Clark reinstates Mr. Brown the city could avoid a costly “whistle-blower” lawsuit filed by Mr. Brown against the city.

        Under state law, Mr. Clark is not compelled to give his reasons for firing Mr. Brown. But, according to Mr. Taliaferro, the mayor told other city employees the chief was fired because an investigation he conducted was “messed up.”
       

Mayor's side
        In an interview Wednesday, Mr. Clark denied that he sexually harassed Ms. Hodges.

        Ms. Hodges' lawyer, Cincinnati attorney George Jonson, has said no complaint against anyone in Villa Hills was ever filed.

        Mr. Clark said that Ms. Hodges did make unofficial allegations of sexual harassment against him to city officials.

        “But she didn't file a written complaint,” Mr. Clark said. “She went away.”

        Mr. Clark said Wednesday that the investigation of the alleged harassment, which he thinks was politically motivated, included confiscating his computer and keeping him out of the city building for nearly two weeks while the investigation was conducted.

        “I did everything they asked,” Mr. Clark said Wednesday. “They found no proof. And see what it is now. If you can't beat a guy one way, beat him another, make him look bad.”

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