LOUISVILLE, Ky. (WHAS11) Painted by the opposition as a tandem trying to take down a chief, Louisville Metro Police Lieutenant Jimmy Harper and Metro Council President David James cleared the canvas with a smile and a hug outside the Jefferson County Judicial Center Wednesday with the help of 12 strangers.
Those strangers were the jurors who awarded Harper $300,000 in a whistleblower lawsuit victory against Metro Government and the police department.
The decision centers on a conversation between Harper and Mayor Greg Fischer over Chief Steve Conrad's decision to eliminate the crime hot-spot targeting flex platoons. Harper testified when the mayor asked his opinion of the changes, Harper's criticism was made out of a concern for public safety.
"Let's assume we're talking about mismanagement of the Louisville Metro Police Department, do you have to follow the chain of command to express those concerns?" Harper's lawyer, Thomas Clay asked Fischer on the first day of testimony in the week-long trial.
"Absolutely, you do not," Fischer replied, "If someone had talked to me about something like that, that would be a cause of great concern."
"Isn't that was Major Harper was doing expressing his concerns of the mismanagement of the Louisville Metro Police Department to you?" Clay retorted.
"I don't believe so."
But the jury disagreed with Fischer.
When Conrad got word of Harper's conversation and questioning of the decision, the jury ruled Conrad used it as a factor to demote Harper, violating his whistleblower rights.
It turned out to be a costly decision for the city, which has now had to pay out sums in two recent whistleblower cases.
"We're very gratified by the results, this should send a message to Mayor Fischer that we've got a problem."
In an emailed statement, Fischer showed appreciation for the jury's consideration, adding, "It's important to remember that the changes Chief Conrad made last year are showing positive results."
On social media, Conrad called it a "disappointing verdict," telling the community, "I will not apologize for my actions," because he said they were done in the best interest of the city. He added firmly, "I am your police chief."
The jury, however, did not give Harper everything he wanted. Wednesday's compensatory damages were less than what an economic analyst testified Harper lost in pay and pension benefits because of the demotion. But the awarded figure was a small fraction of the $6.6 million Harper was seeking.
The jury did not award any punitive damages.
Jurors decided Harper's statements to James and other council members about the quickly depleted violent crime reduction overtime fund were not made in good faith.
The rapid use of the $1.2 million fund in just 6 weeks prompted a criminal internal LMPD investigation. No one has been charged.
The jury also decided Harper's assistance in a previous whistleblower lawsuit where 2 other detectives, with Harper's help, we're trying to gather evidence and information to free a woman who was wrongly convicted, was not a factor in his demotion.
For Harper's team, though, the case was not about the price, rather the principle.
"You would think after a settlement and a jury verdict there would be some sensitivity to whistleblowers' rights," Clay added.
Investigative Producer Andrea Ash contributed to this report. iTeam Investigative Reporter Derrick Rose can be reached at (502) 582-7232 and dnrose@whas11.com.