Ratts v. Board of County Com'R, Harvey County, Ks
| Decision Date | 28 March 2001 |
| Docket Number | No. 97-4240-DES.,97-4240-DES. |
| Citation | 141 F.Supp.2d 1289 |
| Parties | Cindy RATTS, J.D. Ratts, and RTR Corporation, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS, HARVEY COUNTY KANSAS, The City of Newton, Kansas, Robert Maier, Phil Kloster, Robert Myers, Donald Horst, James Heinicke, and Ron Ahsmuhs, Defendants. |
| Court | U.S. District Court — District of Kansas |
Cheryl D. Myers, Topeka, KS, Michael B. Myers, Victorville, CA, for Cindy Ratts, J.D. Ratts, RTR Corp.
Stephanie N. Scheck, Morrison & Hecker L.L.P., Wichita, KS, Alan L. Rupe, Husch & Eppenberger, LLC, Wichita, KS, for Board of County Commissioners, Harvey County, Kansas, City of Newton, Kansas, Phil Kloster, Donald Horst, James Heinicke, Ron Ahsmuhs, Myers Law Offices, Chartered.
Monte A. Vines, Adams & Jones, Chartered, Wichita, KS, Stephanie N. Scheck, Morrison & Hecker L.L.P., Wichita, KS, Alan L. Rupe, Husch & Eppenberger, LLC, Wichita, KS, for Robert Myers.
James S. Pigg, Kristine A. Larscheid, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Robert Eugene Maier.
This matter is before the court on defendants' Motions for Summary Judgment (Docs.218, 221). For purposes of representation, the defendants are divided into two groups: defendant Robert Maier has submitted his own motion (Doc. 218), and the rest of the defendants, including the City of Newton, Kansas ("City"), and the Board of County Commissioners, Harvey County Kansas ("County"), have filed a separate motion (Doc. 221). Plaintiffs have filed a consolidated response (Doc. 237), and both sets of defendants have filed replies (Docs. 248, 249). The court is now prepared to rule on both motions.
Plaintiffs filed their complaint in this matter on December 10, 1997. Shortly thereafter, on January 6, 1998, plaintiffs filed an Amended Verified Complaint (Doc. 3). Plaintiffs were subsequently granted leave to file an amended complaint, and on April 10, 1998, plaintiffs filed a Second Amended Verified Complaint (Doc. 26). Defendants then filed motions to strike plaintiffs' complaint. Hence, on September 1, 1998, defendants' motions to strike were granted and plaintiffs were given leave to file a third amended complaint. Finally, on September 8, 1998, plaintiffs filed their Third Amended Verified Complaint (Doc. 104). The case has proceeded under this fourth and final complaint.
According to an agreement by the parties, on October 10, 1998, the court dismissed with prejudice all professional liability claims brought against defendant Robert Myers. Remaining for resolution are claims brought against Robert Myers in his capacity as City Attorney for the City.
Defendant Phil Kloster filed his Notice and Suggestions of Bankruptcy (Doc. 205) with the court on February 10, 2000. Therefore, the case has been stayed pursuant to 11 U.S.C. § 362 as to Phil Kloster. While § 362 extends stay provisions of the Bankruptcy Code to the "debtor," the rule followed in the Tenth Circuit and by the majority of other circuits is that the stay provision does not extend to the debtor's co-defendants. See Fortier v. Dona Anna Plaza Partners, 747 F.2d 1324, 1330 (10th Cir .1984). There does exist a narrow exception to this general rule, see A.H. Robins Co. v. Piccinin, 788 F.2d 994, 999 (4th Cir.), cert. denied, 479 U.S. 876, 107 S.Ct. 251, 93 L.Ed.2d 177 (1986), yet none of the defendants have attempted to argue their inclusion within the exception. Therefore, the case continues unimpeded as against the remaining defendants.
On February 28, 2000, this court issued an Order (Doc. 206) dismissing RTR Corporation as a party-plaintiff. All claims brought by RTR Corporation have been dismissed with prejudice.
Plaintiffs Cindy Ratts and J.D. Ratts are husband and wife. This action ostensibly arises from Ms. Ratts' employment at the Newton City/County Airport ("airport"). Plaintiffs' claims, which will be discussed in further detail, are generally premised on Ms. Ratts' alleged suffering of sexual harassment and gender discrimination at the hands of the defendants.
The airport is jointly owned by the City and County. It is controverted as to whether both the City and County manage the operations at the airport. It is uncontroverted, however, that while employed at the airport Ms. Ratts was an employee of the City. Ms. Ratts contends that she was also, for the purposes of her employment related claims, an employee of the County.
Ms. Ratts began her employment at the airport on August 10, 1979, as a Line Attendant I.1 She was hired by then Airport Manager, Jim McFarland. Mr. McFarland was subsequently replaced by defendant Robert Maier in March 1985. Throughout most of Ms. Ratts' employment, Mr. Maier had full operational control of all activities at the airport and was Ms. Ratts' supervisor. Phil Kloster began working as City Manager on March 2, 1990. He was later replaced by James Heinicke in the summer of 1997. As Airport Manager, Mr. Maier reported directly to the City Manager. In 1986, Ms. Ratts was promoted to Line Attendant II, and in March of 1987 she was promoted again to Accounting Clerk III/Office Manager.2
At some point in the late 1980's, Ms. Ratts and Mr. Maier began having sexual contacts. It is controverted as to whether these contacts were the product of a consensual sexual affair or, as Ms. Ratts alleges in her deposition, the product of Mr. Maier's intimidation and influence over her. Just as there is no definite starting date in regards to these contacts, the parties are inconsistent as to when they ceased. Apparently, the sexual contacts ended in either 1991 or 1992.
From 1991 through 1992, till Ms. Ratts' eventual transfer from the airport in 1997, very little of the factual record is uncontroverted. Defendants concede that the atmosphere at the airport was casual and that employees regularly shared stories and jokes of a sexual nature. Ms. Ratts alleges that the atmosphere was full of unwanted and unwelcomed sexual advances on the part of Mr. Maier. The parties greatly dispute what actually took place between Mr. Maier, Ms. Ratts, and other airport personnel. Additionally, the parties strongly disagree as to the impact various statements, gestures, physical contact, and adult material had on Ms. Ratts' working environment. Plaintiffs identify numerous instances of allegedly sexually centered behavior observed or rendered upon Ms. Ratts by Messrs. Maier or Kloster. Instead of detailing the supposed record of sexual harassment at this point, the court will address the particulars of these contacts when analyzing the sufficiency of the plaintiffs' evidence in relation to the defendants' motions.
In January 1996, Ms. Ratts discussed Mr. Maier's allegedly inappropriate behavior with the City of Newton Fire Chief, Jim Jackson. Mr. Jackson then relayed Ms. Ratts' concerns to the City Manager, Mr. Kloster. It is uncontroverted that Ms. Ratts approached Mr. Jackson approximately six months prior to the January conversation with her concerns regarding Mr. Maier. The parties disagree, however, as to the full breadth of this earlier meeting. The official investigation of Ms. Ratts' allegations began when Mr. Jackson contacted Mr. Kloster. It is uncontroverted that the City had no official sexual harassment policy prior to March 1, 1996.
On or about January 23, 1996, City Attorney Robert Myers, Mr. Kloster, and Mr. Lon Walker3 met with Mr. Maier and informed him of the complaint made against him by Ms. Ratts. At that time. Mr. Maier was placed on indefinite suspension and relieved of his duties at the airport. Ultimately, Mr. Maier did not return to the airport — instead he was permanently transferred to a non-supervisory position with the City of Newton Fire Department. Mr. Maier's transfer represented a demotion in authority and a reduction in salary.
After the preliminary investigation was underway by City officials, Ms. Ratts was granted a medical leave and encouraged to seek counseling by Mr. Kloster. Ms. Ratts subsequently returned to work on February 14, 1996. Upon her return, the daily operations of the airport were controlled by Ms. Stephanie Weber. Ms. Weber apparently held the position of Line Attendant I before being placed in charge of the airport's operations.
The record submitted by the parties is quite confusing in regards to who was the ultimate authority at the airport after Mr. Maier was relieved. Defendants submit that Mr. Kloster placed Ron Ashmuhs, the City's Director of Finance, in charge of the airport at some undisclosed time after Ms. Ratts returned in February. Plaintiffs contend that such an appointment was in title only, and that Ms. Ratts was responsible for the airport's operations.4
After Ms. Ratts' return in February 1996, she called City Attorney, Robert Myers, to complain about the treatment she was receiving from the airport personnel. Specifically, she complained that her co-workers were refusing to speak to her and that "wild rumors" were circulating regarding her claim against Mr. Maier. In response, Messrs. Myers and Kloster went to the airport and discussed the situation with the employees. The parties strongly dispute what was said at this meeting.5 Plaintiffs contend that airport personnel were instructed not to speak to Ms. Ratts regarding her claims of sexual harassment by Mr. Maier. According to the defendants, all of Ms. Ratts' allegations of mistreatment were investigated and shown to be unsubstantiated. Plaintiffs disagree with defendants' assertion.
On May 19, 1997, Ms. Ratts was relieved of her duties at the airport and transferred to the Newton Public Library. It is highly contested whether such a move was a lateral transfer, as the defendants contend, or rather a demotion, as plaintiffs argue. It is uncontroverted, however, that Ms. Ratts did not request to be relocated...
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