KY State Police sergeant says agency retaliated after she alleged misuse of federal money

A Kentucky State Police sergeant is suing her own agency, alleging she reported KSP for misuse of federal grant money and was retaliated against because of it, according to a lawsuit filed in Franklin County Circuit Court.

The lawsuit, filed in April by Sgt. Vicki Day, alleges that members of KSP’s command staff and four civilian employees used federal grant money to fund a $26,000 trip to El Paso, Texas, from June 5 to June 8 in 2022. Day claimed the trip had no legitimate law enforcement purposes. KSP denied wrongdoing in a legal reply filed last month.

The trip and expenses from it were approved by KSP Commissioner Phillip Burnett Jr. and the governor’s office, according to the lawsuit.

Day tried to raise concerns about the trip, and KSP retaliated against her by proposing two class C violations to discipline her, according to the lawsuit. The discipline against Day was pending when the lawsuit was filed, though the lawsuit doesn’t clarify what the discipline is.

Day also alleged that a civilian employee for KSP had been paid federally-funded overtime for a lunch break, according to the lawsuit. She also alleged the KSP command staff is illegally withholding money for the Drivers Training Branch of the agency.

Day alleges KSP violated the Kentucky Whistleblower Act, discriminated on the basis of sex, and conspired to retaliate or discriminate against her, according to the lawsuit. In addition to suing KSP, the lawsuit is also filed against the state and the Justice and Public Safety Cabinet.

KSP asks for lawsuit to be dismissed

KSP’s reply to the lawsuit says Day “has not suffered damages or any injury in fact.” KSP also says the lawsuit does not allege any “adverse employment action” and says the agency acted legally and in good faith. KSP’s attorneys have asked that the lawsuit be dismissed.

Court documents indicate that Burnett, KSP’s commissioner, will be deposed in the case next week.

This is the second discrimination lawsuit filed against KSP by female officers since August. Capt. Jennifer Sandlin, the commander at KSP Post 13 in Hazard and the highest-ranking woman in the agency, filed a complaint in Franklin County court claiming she was passed over for multiple promotions because higher-ups didn’t want to take her away from her family

A year after becoming the commander at Post 13, Sandlin sought two different open positions at the rank of major — which are appointed by KSP’s commissioner — but men were selected to fill each of the positions, the lawsuit stated. Last July, Sandlin sought another position at the rank of major, but again a man was selected to fill the job.

The selection of men instead of Sandlin “established a pattern of discrimination on the basis of sex,” the lawsuit stated.

Thomas Clay, the attorney representing both Sandlin and Day, previously said there is further evidence that the agency’s work environment is hostile to women.

In a statement, KSP denied the allegations of discrimination.

Day’s lawsuit says she’s been forbidden from talking to Sandlin about her lawsuit. It also says Day has firsthand knowledge of KSP’s culture of sexual discrimination and sexual harassment.