FRANKFORT, Ky. (AP) - Former state Rep. John Arnold will not be punished on charges that he sexually harassed three state employees over four years.
Four of the five Legislative Ethics Commissioners present for Tuesday’s hearing voted to find Arnold guilty on three counts of abusing his position as a public official. But state law says the commission cannot do anything unless it has five “yes” votes. Commissioner Elmer George - appointed by Democratic House Speaker Greg Stumbo a few months ago - voted no on all counts.
During Tuesday’s hearing, three state workers - including two staff members of the House Democratic leadership - described how Arnold, a Democrat, touched them inappropriately during a four-year period in what they said was a pattern of sexual harassment left unchecked by their supervisors and legislative leaders.
“You just have to take a spanking on the butt. You have to take having your underwear pulled. You have to take being verbally assaulted, and nobody is going to care about it,” Yolanda Costner, executive adviser to House Majority Whip Tommy Thompson, said after the hearing. “You want to keep your job and your position? Keep your mouth shut.”
Arnold did not attend Tuesday’s hearing. But his attorney, Steve Downey, argued that Arnold is suffering from early signs of dementia, as diagnosed by his doctors. He called Arnold’s behavior - “if it occurred,” he clarified - “sophomoric and boorish and puzzling.” He pointed to sworn testimony from Arnold’s doctors urging him to not run for re-election in 2012 because of his declining health.
“This was completely out of character for him,” Downey said. “Mr. Arnold’s filters have been turned off.”
Costner and Cassaundra Cooper both blamed George for the outcome, saying he was giving political cover to the House Democratic leadership by voting to clear Arnold.
“They need to step up and take responsibility for one of their former members,” said Cooper, administrative assistant to House Majority Floor Leader Rocky Adkins. “To hold him accountable for his actions, that would have given us some sense of justice today. But we didn’t get that.”
George said while he does not condone the behavior, the commission does not have the authority to punish Arnold because Arnold is no longer a member of the General Assembly. He resigned in August.
“I consider it an insult for someone to say I made a decision based on politics,” he said.
While House Speaker Greg Stumbo did appoint George to the commission, he also reappointed commission chairman George Troutman, who voted to find Arnold guilty. In a news release, Stumbo said House Democratic leaders “stand by our original and consistent response.”
“The day we learned of the incident we acted to protect our employees and instructed the LRC Director to investigate the allegations and follow our policy,” he said. “The testimony today confirms these facts.”
Tuesday’s vote ends the case against Arnold. A special investigative House committee voted 3-2 along party lines last year not to sanction Arnold. But Arnold still faces a civil suit in state court. That case is pending.
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