A federal magistrate judge has issued deadlines and imposed hearing dates in a federal lawsuit filed by a former Cherryvale police officer against Cherryvale city officials.
Former Cherryvale police officer Laurel K. Fauster is suing several Cherryvale city officials in U.S. District Court, where Fauster claims she was a victim of sexual harrassment and retaliation. Named as defendants in the lawsuit are Mayor John Wright; current city councilors Randy Wagoner, Chad Wickham and Kevin Crane; former city councilors Jerry Wallace, Rick Valverde and Ben Bellmore; former police chief Milton Gillespie; and current city administrator Trey Cocking.
Fauster’s lawsuit was filed in December 2008.
On Aug. 10, 2009, U.S. Magistrate David J. Waxse ordered a Scheduling Order, which imposes deadlines and hearing dates in an attempt to bring the lawsuit to a conclusion. According to a timeline of hearings imposed by Waxse, Fauster’s attorneys will issue a settlement proposal by Sept. 1, while the defendants can issue a counter-proposal settlement on Sept. 10. On Sept. 21, the court can name a mediator — or attorneys for both parties can name an agreed-upon mediator — to hear the settlement arguments and issue a mediation recommendation to the federal court for final settlement. The mediation process should be completed by Dec. 31, 2009.
However, should the lawsuit proceed to a federal trial, then the issue will be heard in federal court beginning on Aug. 2, 2010. The federal trial is scheduled to take five days.
Various pretrial conferences are scheduled in March 2010.
Waxse’s Scheduling Order was issued in a telephone conference with Fauster’s attorney, Independence attorney William J. Fitzpatrick, and the defendants’ attorney, J. Steven Pigg of Topeka, Kan.
In her lawsuit against Cherryvale city officials, Fauster claims she was repeatedly subjected to “unlawful acts of sexual harassment, unequal terms or conditions of employment because of her gender and multiple acts of retaliation for her opposition to sexual harassment and discrimination.”
Specifically, Fauster claims that city officials indicated Cherryvale “will never have a female police chief.” Fauster said the statement was made when she applied for the Cherryvale police chief position.
Fauster also claims that she was a victim of sexual harassment by then-police chief Milton Gillespie in January 2007 when Gillespie and Fauster were traveling to a law enforcement workshop in Olathe, Kan. Gillespie allegedly made inappropriate comments toward Fauster while the two were in the vehicle en route to the workshop.
Fauster claims city officials did nothing to punish Gillespie when she reported the incident to her supervisor.
Fauster is seeking $75,000 in compensatory damages.