Kentucky Democrat seeks to dismiss ethics complaint alleging inappropriate actions

By: - August 16, 2024 1:04 pm

Rep. Daniel Grossberg(LRC Public Information)

A Kentucky Democratic lawmaker wants to dismiss an ethics complaint filed against him by House Democratic leadership that alleges inappropriate behavior and communications.?

Rep. Daniel Grossberg, a freshman legislator from Louisville, is arguing the complaint filed with the Kentucky Legislative Ethics Commission is “meritless” and an “misuse of the ethics complaint system,” according to a Friday press release issued by his attorney, Anna Whites. His motion to dismiss has been filed with the KLEC, Whites said, but she added they are “exploring the possibility of legal action” and so is at least one businessman named in the complaint.?

In a Friday afternoon statement, House Democratic leaders said they planned to honor the confidential nature of the investigations in light of “Rep. Grossberg’s attorney’s desire to litigate this in the press with misrepresentations rather than through proper confidential channels.”?

Grossberg has been removed from his interim committees following allegations of inappropriate actions toward women, including behavior and text messages. The Lexington Herald-Leader first reported allegations against Grossberg. At the time, he denied “any impropriety” in a statement to the newspaper.

Under state law, the commission’s proceedings, including complaints and other records related to a preliminary inquiry, are confidential until the commission makes a final determination. But Grossberg’s response on Friday offers insight into five allegations raised in the complaint.?

The first is the purchase of a used car that he says was “thoroughly investigated and debunked by KLEC.” The release also says the new complaint “names and accuses a prominent Louisville businessman who is a member of a minority of ‘healthcare fraud and interference in the Certificate of Need process’ all of which is supposedly somehow based upon this used car purchase.”

Grossberg also argues against allegations made around a fundraising call, where a restaurant owner, who, he says, is also a member of a minority community, asked ??how he could apply to be on a state catering contractor list while the representative was making fundraising calls for the House Democratic Caucus.?

“As shown in the texts appended to the Complaint, Rep. Grossberg asked the House Minority Chief of Staff how a restaurant could apply, and shared the information given with the business owner,” the release said. No impropriety is shown in the texts. No improper discussion was had. No quid pro quo arrangement occurred. No ethical misconduct has occurred or has even been coherently alleged.”?

Additionally, Grossberg addressed issues raised around assisting another freshman legislator with “unwanted communications” and advice. Grossberg said he offered to connect the legislator with a law enforcement branch that aided him after he received harassing communications. He calls House Democratic leadership’s characterization of the exchange to show “control or involvement in the harassment” as an “outrageous suggestion” without evidence.?

Another issue Grossberg refutes is the appropriateness of a letter from him and his spouse, a teacher, to students they chaperoned abroad. The letter was reviewed by LRC staff before sending and would likely be “a treasured keepsake for any high school student,” Grossberg’s release said. His response also admonished House Democratic leaders for including the name and address of a high school student.?

Finally, Grossberg refutes text messages highlighted in “a newspaper article.” Grossberg says the House Democratic leaders’ complaint does “not include a copy of any allegedly inappropriate texts,” but includes texts about party business, preventing antisemitism and other legislative actions.?

“??The only text that discusses inappropriate communications is a reference by a thirty party to that third party hearing rumors about inappropriate communication from other unnamed third parties at some unnamed time,” the press release said. “Rumors have no place in a fact-based hearing.”?

Grossberg’s response said that the complaint cites a newspaper article that discusses allegations of questionable texts, which “do not constitute sexual harassment.”?

The Herald-Leader reported that the texts shared with the newspaper “often came late at night,” and Grossberg remarked on the receiver’s physical looks.” The newspaper later reported the representative had invited two women in a text to a “lesbian-themed movie night.”

Grossberg concludes by saying the complaint uses “rumor, inuendo [sic] and their own apparent animus toward Rep. Grossberg to make the unsupported allegations herein. This is unethical and inappropriate in the extreme, particularly for leaders of a caucus.”?

In a statement Friday afternoon, House Democratic leaders said they must “take allegations of inappropriate conduct among our membership seriously, to protect those brave enough to come forward, and to ensure the appropriate agencies investigate their allegations.”?

“As previously stated and per a vote of the Caucus, we have reported multiple serious allegations against Representative Grossberg to the proper legislative oversight bodies for consideration,” the statement said. “These investigations are designed to be confidential to protect those who come forward with their accounts of impropriety.

“We continue to honor that intent as best we can given Rep. Grossberg’s attorney’s desire to litigate this in the press with misrepresentations rather than through proper confidential channels.”

The House Democratic leaders added that they are taking new information, “including additional texts, first-hand accounts, and calls from an outside organization for Rep. Grossberg’s resignation seriously.” Because investigations are ongoing and to protect “all parties involved,” the leaders declined to comment further at this time.?

Editor’s note: This story was updated with additional comments Friday afternoon.?

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McKenna Horsley
McKenna Horsley

McKenna Horsley covers state politics for the Kentucky Lantern. She previously worked for newspapers in Huntington, West Virginia, and Frankfort, Kentucky. She is from northeastern Kentucky.

Kentucky Lantern is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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