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Jury in MSD returns with mixed verdict

Both sides claim victory in MSD suit By Joseph Gerth jgerth@courier-journal.com The Courier-Journal A federal court jury found Wednesday night that the Metropolitan Sewer District had violated state whistleblower law when it fired two employees after one of them complained about political interference on a sewer project. But the jury’s decision to award little in damages left both sides claiming victory. Former inspector Ron Barber will get $35,000 for lost wages. But but former environmental engineer Sarah Lynn Cunningham wasn’t awarded anything. The two also had asked for punitive damages, but the jury didn’t agree. The jury also rejected Cunningham’s claim that MSD violated her constitutional right to free speech. She had complained to the state attorney general’s office more than two years ago about what she believed were improprieties on a sewer project in the Valley Village area. She claimed that Louisville Metro Council member Bob Henderson, his aide, Larry Mattingly, and former MSD board member Bill Gray interfered on the project and tried to reward political supporters with free fill dirt from the project. Henderson and Mattingly have denied wrongdoing. Gray died in November. Barber said he was just glad to get the story out and hopes that others who still work at MSD and testified in the seven-day trial don’t face reprisals. “I’m tickled. I wanted it out so people don’t have to work under this kind of pressure.” Cunningham said money wasn’t important. “They said what MSD was doing was wrong. I hope this will prevent this from happening to other people.” MSD Executive Director Bud Schardein said he felt “like a kid on Christmas morning. … I’m glad it’s over with so I … can concentrate on sewers and drainage.” He said the jury found that there was a “technical” violation of the state whistle-blower law. Schardein said his one regret is that he spent thousands of dollars of rate-payers’ money to defend “people at MSD who did nothing wrong.” Reporter Joseph Gerth can be reached at (502) 582-4702.

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