After being demoted and then reinstated, a Department of Justice employee sued the department again Thursday to regain her full privileges and responsibilities, including carrying a firearm.
Carolyn Kelly was demoted in May from her position as criminal investigation director over insulting e-mails she sent, which Attorney General J.B. Van Hollen claimed threatened his executive staff.
“[Her demotion] was in relation to an investigation they did for what they characterized as threatening and offensive e-mails,” said Daniel Bach, Kelly’s attorney. “The department’s own primary witnesses said he did not consider e-mails to be threatening.”
After filing grievances with the Wisconsin Employment Relations Commission, she was fully reinstated in October under the condition she take a leave in December until she retires next summer.
However, in her claim filed with Dane County District Court Judge Maryann Sumi, Kelly claimed the DOJ has yet to restore her to her full status as a law enforcement officer as promised.
“The terms were she would be reinstated to her criminal investigation director position, which is a senior supervisory position and law enforcement position,” Bach said. “It carries, under state guidelines, supervisory and management responsibilities.”
These responsibilities include maintaining her law enforcement position. To do so, she must complete 24 hours of training every year, something she says the DOJ has prevented her from doing. As a law enforcement officer, she also has the right to carry a firearm.
“She has to remain certified as a law enforcement officer and needs to be given the equipment necessary, which they haven’t done,” Bach said.
In filing the lawsuit, Kelly aims to force the DOJ and the WERC to comply with the agreements settled upon in October, which would include allowing her to go to training sessions and giving her a gun.
She said she hopes to be restored to her full managerial post. According to Bach, the DOJ has continued to give Kelly the secretarial and clerical duties she received in her demoted position. Now she is fighting to retain her initial position for the last few months of her career.
While Kelly said she is fighting for her managerial position promised by the DOJ, the DOJ appears to have a very different view on the lawsuit.
“Best we can tell, Ms. Kelly now appears to be angry about not getting a gun,” said William Cosh, spokesperson for the DOJ. “We’re reasonable, not foolish. She’s not getting a gun.”
According to Cosh, the legal action taken by Kelly is groundless. The DOJ said it is in full compliance with the settlement agreement.
Cosh added that during the investigation of Kelly, she admitted to sending e-mails about taking out hits on Craigslist, instructing her staff not to communicate with her bosses and coordinating testimonies with an employee she supervised during investigation, with many more instances of inappropriate conduct.
“The Department of Justice has the right to assign Ms. Kelly any duties it chooses as Ms. Kelly winds up her affairs,” Cosh said.
