Friday, May 26, 2000
Officer sues two Ludlow councilmen
Demotion disputed
By Ray Schaefer
Enquirer Contributor
LUDLOW — With television cameras rolling Thursday, City Councilmen Ron Wofford and Gary Hatter were served with a lawsuit by the city's No. 2 police officer.
Lt. Col. Benny Johnson sued Messrs. Wofford and Hatter over what the officer contends is an illegal demotion to lieutenant. The suit accuses the two councilmen of using the budgetary process to retaliate because Lt. Col. Johnson reported what he says is criminal activity by Mr. Hatter to the state attorney general's office.
“I'm not concerned,” Mr. Wofford said of the suit.
Added Mr. Hatter, “I don't have any comment until I've gone over this with my lawyer.”
According to Mr. Wofford, the police department has a history of intimidating council members through legal action.
Lt. Col. Johnson attended the council meeting but did not comment. His attorney, Bryan Burlew of Covington, said he doesn't know whether Mr. Wofford's claim is accurate.
“It may be the police department has filed suits before, but I have no knowledge (of them),” Mr. Burlew said.
Mr. Burlew filed the four-page lawsuit Thursday in Kenton Circuit Court. It asks for a jury trial, compensatory and punitive damages, the return of Lt. Col. Johnson to assistant chief and payment for attorney and other fees.
Lt. Col. Johnson has been a Ludlow police officer since 1993.
The suit alleges that Messrs. Wofford and Hatter began a campaign in April 1999 to cancel the promotion to assistant chief that Lt. Col. Johnson received on March 25, 1999.
“On April 6, 1999, Assistant Chief Johnson reported to the state Attorney General's Office that Councilman Gary Hatter was possibly involved in certain criminal activity,” according to the suit.
The attorney general's office is investigating the Ludlow Volunteer Fire Department's charitable gaming practices. Mr. Hatter is a member of the department. Mr. Burlew did not comment because the probe is continuing, but added that it was the only one he knew of involving Lt. Col. Johnson.
The suit also stated that Ludlow City Attorney Pete Summe told council last September that Lt. Col. Johnson's promotion was legal and that any attempt to demote him was unenforceable.
“When the mayor (Tom Stacy) promoted (Lt. Col. Johnson), we questioned (Mr. Stacy) about that,” Mr. Wofford said.
Mr. Wofford said only council is authorized to promote police officers and that Mr. Stacy's action violated city ordinances.
Lt. Col. Johnson's pay remains the same, but he said in March that eliminating the assistant chief's slot hurts his reputation in the city. He has also said council violated state law by not conducting civil service hearings.
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