Former employee files lawsuit against sheriff, county

A former administrative assistant who was fired by Harvey County Sheriff A.J. Wuthnow filed a lawsuit Friday in U.S. District Court against Wuthnow and the Harvey County Commission.

Jeanne Drake, who worked for the sheriff’s department for more than 14 years before her firing Aug. 18, is seeking in excess of $75,000 for lost wages, emotional distress and damage to her reputation.

Drake alleges in the lawsuit filed by her attorney, Randy Rathbun of Wichita, she was fired because she failed to sign a nominating petition and a yard sign supporting Wuthnow’s opposition in the August primary was placed in her sister’s yard.

Wuthnow lost in the Republican primary to Bruce Jolliff, an instructor at the Kansas Law Enforcement Training Center. Wuthnow ran an unsuccessful write-in campaign in which Democrat T. Walton of the Newton Police Department won the post of sheriff.

Wuthnow allegedly tried to get Drake fired from her current post as a investigator with the Harvey County corner’s office.

Rathbun said he had a copy of an e-mail sent by a member of the sheriff’s department that attempts to get the coroner to fire Drake.

The sheriff has no jurisdiction over the corner’s office.

The lawsuit also alleges Wuthnow tried to get Walton to not rehire Drake to the sheriff’s department.

Wuthnow allegedly said he had contributed to Walton winning the general election and he 1) wanted to be retained as a reserve officer for the sheriff’s department and 2) wanted to prevent the rehiring of Drake to the sheriff’s department.

Wuthnow said he had not seen a copy of the lawsuit as of Monday morning and had no comment on the case.

Walton was not available for comment.

The Harvey County Commission also is named in the lawsuit because they refused to provide Drake a grievance hearing after her firing.

The commission, citing a prior Kansas court case, said they did not have the jurisdiction to hear the grievance over an employee of an elected official.

Rathbun said this was a misinterpretation of the case and the commission had the responsibility to ensure the sheriff provided Drake due process.

“They still have the obligation to ensure the sheriff is in compliance with the county following due process. Their job is to make sure the sheriff does that. Their position was she had a hearing when she was fired, which is goofy,” Rathbun said.

He said Drake did not wish to speak to the media and preferred comment be made through him.

County commissioners Marge Roberson and Chip Westfall were unavailable for comment Monday morning. Commissioner Ron Krehbiel said he had not yet read the lawsuit and wished to wait to make comment when he could learn more about the case.

The case could take some time to settle.

Rathbun said federal cases take an average of a year to make it to jury trail.