Employees hired to provide safety for Provo residents say they could not find safety for themselves.

On Tuesday, a lawsuit was filed in Fourth District Court by five claimants against the city of Provo and former Police Chief John King. The plaintiffs have requested a jury trial and compensatory and punitive damages resulting from emotional distress, in excess of $300,000, against Provo. They are also seeking compensatory and punitive damages in excess of $300,000 against King. In post-judgment interest, the plaintiffs are seeking an award of non-monetary damage against Provo. They are asking that Provo institute approved annual harassment discrimination and retaliation training for employees of the police department and mayor’s office.

In phone interviews with the first and second claimants, the Daily Herald spoke with these women about why they would take on their city in court.

“The goal in taking action is to encourage Provo to make changes so nobody else gets hurt,” Claimant 1 said.

“I was the first to report. It gave power to others to report,” Claimant 2 said. “It was disappointing hearing Provo was not willing or able take care of the issue.”

The reportedly hostile environment was so bad, it was only after King left the area to take care of an ailing family member Claimant 2 felt safe to speak.

“I was afraid of the power he had in the department,” Claimant 2 said. “When the chief went on vacation was my window of opportunity to complain and report him.”

What happened in Provo?

In documents filed on Jan. 18 with Provo, both individuals’ allegations arise out of sexual misconduct from King during his employment with the city.

The claimants’ identities have not been released, as it is customary to not identify victims of sexual harassment.

Claimant 1 worked as a dispatcher for five years. During her time as a dispatcher, she claims she suffered repeated instances of sexual harassment and misconduct by King.

Claimant 2 is a young woman who, according to the claim, was raped by King in January 2017. She came into contact with King while attending Utah Valley University and was a member of the Provo Police Citizens’ Advisory Board, which was instituted by King.

Since the January filing, three more females who work for the city have filed harassment complaints against King and joined the lawsuit.

Some of the aforementioned actions of King resulted in an investigation by the Unified Police Department in Salt Lake City in February 2017.

The Salt Lake County District Attorney’s Office declined to press charges following the completion of the investigation.

Though charges were not brought against King at that time, city officials felt the substantial nature of the claims were such that King should not retain his position at the department.

Former Provo Mayor John Curtis released King of his duties in February 2017. In May, documents were obtained that said King told Unified Police Department investigators that he had sex multiple times with a woman, reportedly Claimant 2.

In a twist of irony, the same month King was released from his duties as chief in Provo, an article he wrote appeared in the February 2017 issue of the industry magazine, The Police Chief, entitled, “The Role of Police Executives in Police Culture: A Response to Police Culture in the 21st Century.”

In the article he refers to research done by Dr. Gary Cordner on police culture in the 21st century. In the final paragraph King said he “very much agrees” with Cordner’s recommendation.

“While some factors may be outside of our control, law enforcement leaders need to continue to actively engage our staff and ensure that our internal practices, especially training, discipline, and supervision, support our goal of creating a positive organizational culture,” King wrote.

The women’s perspective

For the claimants, the dismissal of King came years too late with too many lives hurt; they believe there is a discrepancy between what Provo taught when it comes to workplace harassment and what the city took action on.

Claimant 2

Claimant 2 never worked for the department, but because of her interest in forensic psychology, she felt she could contribute to the volunteer advisory board.

“I was studying forensic psychology (at UVU) and the opportunity came up,” Claimant 2 said. “That is when I started working with the chief on a psychology research project.”

According to Claimant 2, the Citizens Advisory Board met once a month. She talked to the chief about what she could do as a student to do research that would be beneficial for the police department.

“He was very forward,” she said. “He used his power and control. It was prominent and hard to confront.”

At one point, Claimant 2 said she felt a forceful example of King’s use of power and coercion, even if it was just to intimidate.

“The chief made it clear he had a gun,” she said.

Not being an employee of the city, Claimant 2 felt there was little she could do to get help.

“My involvement was not as an employee. Human Resources was out of my realm,” Claimant 2 said.

Among the five claims filed, it appears that Claimant 2 received greater aggressive attention than other claimants. The attention grew and what was once ogling and fondling, according to the lawsuit, ended in January 2017, with Chief King engaging in nonconsensual sexual contact.

“I was not dating the chief of police. I had a professional relationship until the fondling and groping started occurring. He was aggressive,” she said. “This (lawsuit) is not just about the legal side, it’s the emotional side too.”

“He has sincerely devastated my life,” Claimant 2 said. “I’m moving forward the best way I can,”

Claimant 2 added, “There is solace in fighting the case.”

“It’s time for the city to take accountability,” Claimant 2 said.

Claimant 1

Those feelings are echoed by Claimant 1, who said she is angry.

“It makes me furious. The city needs to take this more serious. There was no help for the victim; they protected John King,” Claimant 1 said.

“I want people who protect Provo to be safe,” Claimant 1 said. “The mayor gave the predator a heads up. They didn’t listen to the women.”

Claimant 1 is particularly upset with what she said is a lack of correct due process. In her case, she claimed that Curtis received her complaint and immediately took it to the chief, her predator.

“There is not an adequate process. I filed a sexual harassment complaint and the mayor addressed it to King,” Claimant 1 said. “I filed a formal complaint through Lt. (Matt) Siafanua at my exit interview. He said it’s not reportable just because I have an icky feeling. He finally reported to H.R. but I never received a call back. I had to call.”

The lawsuit alleges that “Mayor Curtis’s message was loud and clear: Chief King’s power was unlimited, his actions unchecked, and any complaints against him would be ignored.”

Curtis commented on the lawsuit after its filing on Tuesday via email.

“The allegations concerning former Provo Chief of Police, John King, are appalling. His reported actions against the people that serve and protect our communities with honor are despicable and I strongly condemn them. The brave women who have come forward have my full support,” Curtis said. “Despite what’s being inaccurately reported, I would never shield or protect a predator or abuser. I have a history of doing the exact opposite and I’m confident as the legal process unfolds, the details will show I acted responsibly given the information I had at the time.”

Curtis added, “Like most situations, in hindsight, perhaps there could have been things done better. At the time, with all the facts that I had, I believe I did the best I could and followed the protocols established by the city of Provo acting on the advice of the city attorney and human resources. As a mayor and now a member of Congress I am fully committed to doing my best to be transparent and accessible.

“The only complaint we had was from one dispatcher,” Curtis said in a phone interview.

That complaint occurred during Claimant 1’s exit interview.

Curtis said via phone interview that he met with King about the harassment complaint and told him he couldn’t do that, and to set boundaries. Curtis said he was not “tipping off” the chief, he was calling him out. Curtis said he didn’t hear about any harassment from the chief again until the alleged rape, at which time he said within 15 minutes after he was told, it was turned over to the county for investigation.

According to Claimant 1, King’s office was in the safety department building adjacent to the east side of the city hall. The dispatch center is on the west side of the city hall and one must walk outside and a half block away to visit the center, which King did frequently. This would cause disruption in the center and created distractions in a place where staff must have complete focus and attention as emergency calls throughout the city come in.

When King would come into the dispatch center, the solution for the women was to get up and walk around. However, dispatchers have guidelines they need to adhere to, or they could be held liable for not being at their stations to cover emergency calls.

The chief would sit on one desk and then another looking down women’s shirts, touching shoulders, and intimidating them, according to claimants.

“It was very uncomfortable; women hid,” Claimant 1 said. “When he would come in, some would get up and put jackets on.”

“He had the power to victimize,” she added. “It’s not just the mayor’s office, if the city had done its due diligence with their reports this would not have happened to others.”

“Other officers were respectful and had boundaries,” Claimant 2 said.

“He (King) is the reason I resigned,” Claimant 1 said.

What of John King’s past?

In the lawsuit filed Tuesday, it indicates the history of King’s habitual harassment goes back to earlier employment.

In part, the lawsuit states that news reports regarding King’s prior employment show that King had been forced to resign from his position in Gaithersburg, Maryland, and had also been forced to resign from a subsequent position in Baltimore.

“On January 22, 2010, the Town Courier, a local newspaper in Gaithersburg, reported that King had ‘abruptly quit’ his job as police chief in that town ‘four days after the city’s elected officials held an executive session to discuss a ‘personnel matter’ involving King,” according to the lawsuit.

Gaithersburg officials did not disclose the nature of the “personnel matter,” but Angel Jones, Gaithersburg city manager, said in a statement that King was “resigning to pursue opportunities in the private sector.”

The lawsuit continues, “Despite this representation, King did not spend much, if any, time in the private sector. On December 16, 2011, the Baltimore Sun reported that King had been hired to lead the Baltimore Police Department’s education and training division.

“The same article noted that King had previously been investigated by federal prosecutors for abuse of Montgomery County’s disability retirement system, although charges were never filed.

“King spent just six months with the Baltimore Police Department. On June 27, 2012, the Baltimore Sun reported that King had ‘abruptly resigned,’ again due to a ‘personnel issue,'” the lawsuit states. The Sun also reported that the “personnel issue” involved a complaint from an employee.

“At the time, King denied that a complaint had been filed against him. However, public records show that King was forced to resign due to an employee’s allegation that King groped her in a patrol car,” the lawsuit states.

After leaving his service as chief in Gaithersburg, the interim chief replacing him, Mark P. Sroka, said he had to conduct, “a thorough review of the police department’s administration, operations and resources and that he would evaluate and make recommendations for improvements to department operations,” according to a city news release as reported in the Washington Post.

“The city of Provo hired someone as Chief of Police they should never have hired,” Claimant 2 said. “There are a lot of ways it could have been handled.”

According to Wayne Parker, chief administrative officer for Provo, “[the city’s] investigation is still underway.” Parker noted that it is hard for the city to make any kind of response as they haven’t completed interviewing for their investigation.

Issac Paxman, deputy mayor, noted the city has maintained the claimants in the case have the right to speak and tell their story.

“The city is now focused on making positive changes to the system and moving forward,” Paxman said.

In a statement released Tuesday evening by Paxman, he said, “The City has retained Heather S. White, head of the Governmental Law Group at Snow Christensen & Martineau to represent the City in this action. Our legal team and others here are carefully reviewing the allegations, and the internal investigation into the claims is proceeding, as well. While the investigation is pending, it is important that Provo City refrain from commenting on the particulars of the allegations.”

Paxman continues, “Provo City does not and will not condone sexual harassment, nor does it condone intimidation or retaliation against employees for reporting misconduct or pursuing rights under the law. Mayor Michelle Kaufusi is continuing her efforts to spread that word far and wide throughout City departments. It is a top priority for her to ensure that every employee here has a safe and comfortable work environment.”