By Mark Hansel
NKyTribune Contributor
Former Boone County Public Works Director Greg Sketch is suing Boone County and Gary Moore, individually and in his official capacity as county judge-executive, alleging reckless disregard of his civil and constitutional rights.
The suit is related to the “scrap metal for turkeys scandal” that led to the end of Sketch’s tenure as the county’s public works director in July of 2013.
Sketch retired prior to an administrative hearing, but the lawsuit states that decision was made only after county officials indicated his dismissal was a foregone conclusion.
The suit was filed in Boone Circuit Court on June 10, 2014 and transferred to U.S. District Court, Eastern District of Kentucky, in Covington on July 11, but has not previously been announced or reported on.
Moore referred questions about the litigation to Boone County Attorney Robert Neace, who provided only a brief comment because the lawsuit has not been resolved.
“It’s our position that all of the allegations in the complaint are without merit and we are going to vigorously defend them” Neace said.
Covington attorney Suzanne Cassidy, who represents Sketch, also declined comment.
Sketch was suspended without pay for alleged malfeasance on July 17, 2013. The malfeasance was related to a fund established from the sale of scrap metal that was used to buy holiday turkeys for underprivileged families in Boone County.
Two other public works employees resigned as a result of the county’s internal investigation.
The Boone County Sheriff’s Department also conducted an investigation into the fund. Charges of abuse of public trust were presented to a Boone County Grand Jury, which declined to indict Sketch.
The issue deeply divided the Northern Kentucky community. Some saw the public works employees as Good Samaritans that were being punished for helping those in need, while others felt they should have been prosecuted.
Sketch retired on July 31, 2013 prior to the hearing on administrative charges related to the allegations.
The county indicated the fund was active from 2008 until 2013. A portion of the funds was also used to purchase items for the public works department, including food for the annual public works department holiday luncheon.
While the pending litigation has everyone involved tight-lipped, the complaint and the response filed on behalf of the county spell out the positions of all parties in great detail.
Sketch was hired in 1994 and subsequently reappointed, including in January 2011, for a term scheduled to expire in January 2015.
The complaint states Sketch was first questioned about the scrap fund in May 2013 and provided county officials with information regarding the sale of scrap metal and the “turkeys for needy families program.”
It also indicates the County began permitting residents to discard scrap metal on county property at no charge, beginning in or around 1999.
In 2006, according to the complaint, County crew leader David Becker requested permission to begin selling the scrap metal and using the proceeds to purchase turkeys for needy families. Becker was one of the employees who resigned as a result of the 2013 investigation.
The lawsuit states Sketch gave permission to sell the scrap because there was no policy in place to handle its disposal and there was no personal gain to Public Works employees. It also states the property that was sold was of no value to the county.
The complaint indicates the fund was never kept secret and the public works employees identified themselves as such when selling the scrap to local vendors. It also states the turkey distributions to various local schools were regularly announced at holiday luncheons attended by Moore.
The complaint states that, because of Moore’s attendance at the luncheons, the defendants “knew or should have known of the existence of the program and tacitly authorized the program.”
Moore has repeatedly stated he had no knowledge of the program or the fund. County officials have also stated that no employees, other than those from the Public Works department, were involved in the program.
Count III of the complaint is a tort of malicious prosecution against Moore individually, and cites the judge executive’s conduct in “pressing criminal charges he knew or reasonably should have known were false.”
The request for punitive damages against Moore states “The Conduct of Defendant Moore, in his individual capacity as described…was malicious and occurred in wanton and reckless disregard of, and with deliberate indifference to the rights of the plaintiff.”
Moore and Boone County are represented by Lexington attorney Brent L. Caldwell.
In its 13-page answer to the complaint, the defendants provided 25 claims to refute the validity of the allegations. Among these are claims that the complaint is barred by the applicable statue of limitations and that the plaintiff failed to exhaust administrative remedies prior to filing the suit.
Sketch’s attorneys are seeking compensatory damages for the plaintiff against all defendants, and punitive damages against Moore, in amounts to be determined at trial, and attorney’s fees.
Discovery and status reports are due on March 31, with dispositive motions scheduled for June 1.