A federal judge has weighed in on a lawsuit involving a former Riley County employee who claimed he was wrongfully terminated.
Olsburg resident Steven DeHart worked as an environmental health specialist and claimed he was fired in 2017 after trying to report alleged environmental violations by the county at Riverchase Reservoir and Rocky Ford Water District. He also continually spoke out about commissioner Ron Wells and a private sewer hookup on the Wells family property, claiming he blew the whistle on alleged misconduct because Wells wasn’t paying for the sewer services. The county contends DeHart was fired for insubordination.
U.S. District Judge Holly Teeter gave a mixed ruling Monday, stating DeHart’s reports to to the Kansas Department of Health and Environment and the Environmental Protection Agency about public water issues were not protected under the 1st Amendment because they were part of his job duties. DeHart’s whistle blowing claim failed because his conduct is not protected under state law.
Teeter did rule that DeHart could sustain his 1st Amendment retaliation claim against the county based on his statements about the sewer connection since the legality of the hookup was not part of his job.
The court agreed with Riley County that DeHart speaking out on the sewer connection did not amount to whistle blowing because his belief that the line was illegal was not enough to establish a claim for retaliatory discharge.
The full opinion is attached below.
