An employee has filed a federal lawsuit against Christian County Public Schools.
According to court records, Melissa Johnson filed the lawsuit in U.S. District Court in February 2020 claiming the district retaliated against her when she spoke up after she and other instructional assistants were advised in December 2018 by Millbrooke Elementary School Principal Ryan Amerson they would have to work as a substitute teacher in classrooms. Johnson stated in the affidavit she told Amerson that instructional assistants were not to be substitute teachers due to insurance liability pursuant to her Kentucky Education Support Personnel Association (KESPA) representative. Johnson claimed each time she was told to be a substitute teacher in the classroom she asked Amerson to release her from all liability in that role, but he would not do so.
In the school district’s response filed with the court in May 2020, school board attorney Jack Lackey, Jr. denied the allegations of retaliation and stated CCPS lacked knowledge or information sufficient to form a belief as to the truth of the allegation made by Johnson.
In her affidavit, Johnson stated she had been employed by the district for more than 30 years as a safe room monitor at Millbrooke Elementary School. Johnson said she had no verbal or written reprimands and all evaluations have been satisfactory over the past 10 years.
Johnson also stated in her affidavit that she received two letters from Superintendent Gemmill in May 2019. She claimed in the first letter Gemmill said Johnson was removed from her position as a safe room monitor to an Instructional Assistant 1, and that her salary would be reduced. In the second letter, Johnson said Gemmill stated she was being removed from Millbrooke and transferred to Freedom Elementary School as an Instructional Assistant 1 in Special Education.
In her affidavit, Johnson said she was in a meeting with Gemmill and a Kentucky Education Association representative when Gemmill stated that she could request a transfer when another job became available at the end of the school year. Johnson stated she was advised by the KEA representative that employees with 25 years or more service would not be transferred unless the employee agreed.
In the district’s response to these claims, Lackey stated CCPS lacked knowledge or information sufficient to form a belief as to the truth of the allegation as well.
Johnson stated in her affidavit that she feels there is retaliation for her repeated effort to request a statement from Principal Amerson at Millbrooke to release her from all liability in her role as a substitute teacher in the classroom. Johnson added she further believes she has been put in a Special Education position and is being held accountable with no training. She stated the transfer was a punitive action taken by Amerson and supported by Superintendent Gemmill.
In the district’s response to the lawsuit, Lackey argued Johnson failed to file a complaint with the Equal Employment Opportunity (EEO) Commission and the Plaintiff has not received a Right to Sue Letter from the EEO Commission, and that the Plaintiff has not complied with the regulations and/or timelines of the Equal Opportunity Commission.
CCPS Communications Director John Rittenhouse told the News Edge Wednesday night the district had no comment regarding the lawsuit.