Library lawsuit prompts review of how personnel issues, grievances are handled

HENDERSON, Ky. — A lawsuit between former Henderson library director Caleb May and the board of trustees has prompted greater review in how personnel issues are handled at the county facility.

Documents filed in the U.S. District Court in Owensboro reveal it was only after May came under scrutiny for alleged racist social media posts that the Henderson County Public Library Board of Trustees learned of other purported issues between the then director and employees.

May — who had served as director since 2015 — was let go after public outcry concerning comments he made on his personal Facebook page about the Black Lives Matter movement. The board of trustees voted in early June to put May on administrative leave and not to renew his contract which expired Aug. 31.

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Shortly after May's social media posts began gathering attention, library board officials and representatives of the Human Rights Commission told The Gleaner neither entity had fielded any complaints about May during his tenure as library director.

Furthermore, his annual reviews had been such that he was rewarded by raises in pay, board officials said. Toward the end of his employment, May was earning roughly $92,000 a year, according to the Kentucky Public Library Statistics for Libraries.

The employment reviews, according to Library Board Attorney Chris Hopgood, were conducted much like other boards handle them.

"When the board did its evaluations, it's like almost every other board. They confer and put together an evaluation which they go over with the employee (in this case May). They didn't consult with any other staff," he said.

According to documents filed as part of the lawsuit, when interviewed by trustees after May's social media came under fire, library staff allegedly had much to say about their soon-to-be former boss.

"The Plaintiff's (May) social media posts merely triggered a discussion with staff which revealed several events that caused Defendants (the library board) to lose confidence in the Plaintiff's ability to lead the Library and supervise employees." 

The allegations by staff range from May lacking basic skills needed to work in the library to pitting employees against each other, forcing staff to babysit his children during work hours, making comments of a sexual or inappropriate nature to staff and patrons and telling at least one racist joke.

The library board contends it was these claims by staff which led to May's dismissal.

Based on this information, The Gleaner asked library officials what recourse library staff had — prior to the trustees' investigation — to notify the powers that be of grievances?

Hopgood said the employee handbook stipulates that if the complaint/grievance is related to sexual harassment and involves the library director, then the staff member can go directly to the chairperson of the board of trustees.

What if it's not sexual harassment?

A copy of the library's employee handbook obtained by The Gleaner shows that if a staff member has a grievance that involves harassment — other than sexual — he/she has to first go to his/her supervisor or the director of the library. The handbook does not stipulate that the staff member can bypass the director if it's the director with whom he/she is having the issue.

Here's what the handbook says:

"Harassing conduct includes, but is not limited to epithets, slurs, negative stereotyping,  threatening, intimidating or hostile acts that relate to race, color, religion, gender, sexual orientation, national origin, age or disability."

Harassing conduct includes, but is not limited to "Written or graphic material that defames or shows hostility or aversion toward an individual or group because of race, color, religion, gender, sexual orientation, national origin, age or disability and that is placed on walls or bulletin boards, electronically stored, found elsewhere on the library's premises or that is circulated in the workplace.

"Any employee who believes anyone has been harassed by another employee in violation of this policy should report the conduct immediately on an Incident Report form and present it to the Director or immediate supervisor."

The handbook goes on to say that "any employee of the library who has been found to have harassed another employee or visitor/patron of the library in violation of this policy will be subject to disciplinary action up to and including termination."

Hopgood said when the staff had issues with the director who served prior to May, they did go to the board president and addressed them.

"It seems they understood that, but the handbook could be clearer," he said.

Hopgood said in light of the current circumstances, the trustees discussed in past meetings hiring a human resources staff member. Library officials confirmed the institute has had a human resources manager since July.