BY ANDY TAYLOR
Montgomery County Chronicle

CHERRYVALE — Cherryvale city officials have responded to allegations made against them in a federal lawsuit initiated by a former Cherryvale police officer.

Laurel K. Fauster, who served as a Cherryvale police officer in 2006 and 2007, filed a federal lawsuit against the city officials last December. She claims she was victim to repeated sexual harassment by police officers and retaliation when those sexual harassment charges were reported to her supervisor. She also claims she was a victim of job discrimination when she applied for the position of police chief but was denied an interview based on her sex.

Named in the lawsuit were city administrator Trey Cocking, Mayor John Wright, and city councilors Jerry Wallace, Randy Wagoner, Chad Wickham and Kevin Crain. Former city councilors Rick Valverde and Ben Bellmore were also named as defendants as they were on the council when the alleged incidents took place.

Former police chief Milton Gillespie also was named as a defendant.

In a formal response to Fauster’s allegations, the current and former city officials deny the allegations made by the former Cherryvale cop in her lawsuit.

The city officials also contend, according to their formal response filed in federal district court, that Fauster resigned her position as a Cherryvale police officer, which “was requested for legitimate non-discriminatory, non-retaliatory reasons, including misrepresentations by plaintiff in her employment application and resume and lack of qualifications because plaintiff was not a certified law enforcement officer in Kansas.”

Following her departure from the Cherryvale police force, Fauster filed a claim with the Equal Employment Opportunity Commission, seeking an investigation into her job discrimination claim. Upon investigating the claim, the EEOC issued a “Notice of Right to Sue,” which allowed Fauster to initiate the lawsuit against the City of Cherryvale.

However, in the city officials’ formal response, they contend that even though the EEOC issue the notice, the EEOC did not find any evidence which would “provide probable cause to support plaintiff’s allegations.”

The city officials also are asking the federal court to have the Fauster’s lawsuit heard by a jury.

The City of Cherryvale and officials named as defendants are being represented by Topeka attorneys J. Steven Pigg and Terelle A. Mock of the law firm Fisher, Patterson, Sayler and Smith.

Fauster is represented by Independence attorney William Fitzpatrick and Topeka attorneys John C. Frieden and Clinton E. Patty of the law firm Frieden and Forbes.