Arbogast sues Glasgow, alleges gender discrimination and harassment

By MELINDA J. OVERSTREET
for Glasgow News 1

The City of Glasgow’s most recent former police chief has filed a lawsuit against her former employer of roughly 20 years claiming gender discrimination, a hostile work environment and disparate treatment in violation of state law.
Jennifer Arbogast told Glasgow News 1 in mid-February 2023 that she had been asked by Mayor Henry Royse – then less than three months into that role – to resign from her position at the top of the Glasgow Police Department, but she was able to work out an agreement that allowed her to retire effective April 1 instead.
According to the civil action filed recently on Arbogast’s behalf in Barren Circuit Court, “[t]hroughout the tenure of her employment at GPD, Arbogast was promoted numerous times as she rose through the ranks. In July 2019, Arbogast was promoted to the position of Police Chief. Arbogast was the City’s first female Police Chief.”
Harold “M.D.” Armstrong was the mayor who appointed Arbogast following the departure of Guy Howie, whom Royse then later brought back as chief to replace Arbogast.
The lawsuit continues that Arbogast “experienced great success in her tenure …, although she had to deal with routine comments of gender discrimination.”
A few examples are cited, including two from people who said that chief should be a male role and one from the person who was named interim chief between Arbogast’s departure and Howie’s re-arrival, with that person’s reportedly making it known throughout the department he “did not like working or taking orders from a female.”
Affidavits from former GPD Officer Howard Garrison and former Glasgow Councilwoman Sheri Eubank are included as exhibits with the lawsuit. Garrison’s included the statement that he “regularly witnessed” statements by other officers such as, “Women don’t belong in law enforcement” or “She’s soft.” Eubank’s includes the statement that she “witnessed many discriminatory comments made by city employees and citizens” such as “The department needs to be run by a male” and “Women have no business running a police department.”
Eubank alleges in her affidavit that Royse’s decision to push and force Arbogast out of her position as chief “was directly motivated by her gender,” and she states she was with Arbogast when Royse called and heard the conversation because the call was on speaker. According to Eubank’s affidavit, Royse “could not provide any reason why he was removing Arbogast” and when pressed for a reason, he said, “It’s time for a change.” She states he told Arbogast to go to the station and get her things and then not go back in the building.
According to the lawsuit, the sexual harassment did not just begin when she was chief, and from roughly July 2022 through the end of her employment, she engaged in verbal and written complaints to the individuals who were the human resources managers during that time and a fellow city employee.
Beginning February 2023, Royse and the council members began receiving anonymous emails, “which contained extremely disparaging, defamatory, and blatantly erroneous statements and allegations against Arbogast,” the lawsuit states, and on Feb. 14, 2023, the mayor called her and issued an ultimatum that she retire or he would terminate her employment.”
Royse’s comments to different news reporters seeking information about the situation were contradictory, and copies of two news reports are also attached as exhibits, as are copies of the unsigned form entitled “Verified Resignation and Statement of Election to Retire” that, according to the lawsuit, Royse tried to coerce Arbogast into signing, and of the memo Arbogast signed instead, because she’d had no prior intent to retire yet.
Her memo states that she would be retiring as chief as of April 1, continuing with, “Mayor Royce [sic] during a conversation with me on February 14, 2023 said that he wanted to make a change and asked me to resign with no reason given or documentation. … I feel that if I were to stay at this point, I would be further retaliated against.”
The lawsuit states that her forced retirement constitutes a “constructive discharge.” It adds that the anonymous emails that were sent contained comments against Flatt as well, yet he was allowed to keep his place at the department and was even promoted to interim chief, and that following Arbogast’s “constructive discharge,” the city issued a cease and desist letter to the anonymous sender noting the legal processes in place for grievances and complaints that actually require the identity of the sender to protect individuals from character assassination and slander. No such formal grievance or complaint was filed during her tenure as chief.
The lawsuit contends that despite the city’s having a policy and procedure regarding these grievances and complaints, the mayor “unilaterally decided to constructively discharge” her, failing to investigate the validity or accuracy of the emails or speak with Arbogast about them. It alleges retaliation for the complaints Arbogast filed.
“As a result of the gender discrimination, disparate treatment, sexual harassment, retaliation, and constructive discharge by the City, Arbogast has suffered from emotional distress since her unilateral separation from GPD on April 1, 2023, including symptoms of humiliation, embarrassment, anxiety, and increased stress,” the civil action states.
It lists some of what it calls “numerous accomplishments and milestones for the department and the City” during her 3.5-year tenure as chief, including advocating for and succeeding in getting pay raises for officers, repairing and building community relationships, and getting the training room/maintenance garage constructed.
Arbogast is asking for a trial by jury, a judgment against the city on all claims asserted, compensatory damages with regard to wages, benefits, emotional distress, mental anguish, and humiliation and embarrassment, all statutory remedies provided by law, including attorney costs and interest on any monetary damage awards, and all other relief to which she may be entitled.
The lawsuit does not request any punitive damages.
Glasgow News 1 provided the mayor and/or city attorney with the opportunity to comment, and, not unexpectedly, City Attorney Rich Alexander responded that the city’s policy is that no public comments are made regarding pending litigation. He added that the city’s legal response will be filed soon.
NOTE: A timing reference in the second paragraph has been corrected since the original posting of this report.