St. Paul police chief sues Mayor Her over sexual harassment claims

ST. PAUL, Minn. (FOX 9) - St. Paul Police Chief Axel Henry has filed a lawsuit against Mayor Kaohly Her over allegations of sexual harassment and retaliation, including making sexual comments towards the police chief and unwanted touching.

Lawsuit filed

What we know:

In a lawsuit filed Wednesday morning in Ramsey County Court, Axel Henry again accuses the mayor of sexual harassment, engaging in a campaign of retaliation against the police chief, and then minimizing the complaint against the mayor in the findings released by the city, which largely cleared the mayor.

The lawsuit contains six counts against Mayor Her and the City of St. Paul, including:

• Alleged violation of the Minnesota Government Data Practices Act
• Violation of the Minnesota Whistleblower Act
• Sexual harassment under the Minnesota Human Rights Act
• Reprisal under the MHRA
• Aiding and abetting under the MHRA against Her
• Common-law battery against Her

The backstory:

Last week, the mayor released the investigative findings of the HR complaint against the mayor that found sexual harassment and retaliation claims brought against her were unsubstantiated.

Wednesday, FOX 9 confirmed a Pioneer Press report that Mayor Her was no longer using St. Paul police for her security detail. The Ramsey County Sheriff's Office is now acting as Mayor Her's security team.

St. Paul police told FOX 9 the change was effective as of Sept. 8. Mayor Her declined to answer questions about the change during a news conference on Wednesday.

Allegations in the lawsuit

Dig deeper:

The lawsuit reveals some new allegations against the mayor and includes photos that Mayor Her allegedly photoshopped of the police chief. Most of the allegations below occurred during Her's first two months in office.

The chief accuses the mayor of making sexual comments, including referring to herself as a "MILF" – a vulgar acronym that refers to an attractive mother. Henry also accuses the mayor of making sexual innuendos about his penis, stating that her marriage was in trouble and that she and the chief "needed to be friends" or "this was not going to work."

Henry accuses the mayor of going to the gym at times when she knew Henry would work out with other employees and making comments about them being "beefy." It also alleges she "simulated an orgasm" as she exerted herself while working out in the police gym. Henry says while former Mayor Melvin Carter had visited the police gym, Carter never used the facility regularly.

The lawsuit also claims that the mayor made unwanted physical contact with Henry by placing her hand on his upper thigh beneath a conference room table during a budget meeting.

Big picture view:

After Henry brought his complaint against the mayor for sexual harassment, the lawsuit claims Her and her staff "embarked on a campaign to retaliate against and discredit Chief Henry."

Henry also accuses the mayor's office of downplaying his complaint and releasing only a "sanitized" version of the final investigative report into Her's conduct.

A few nights later, the lawsuit states Her called Henry around 8:30 p.m., a call Henry didn't answer. When Her asked him why, Henry explained he was already in bed. The lawsuit claims Her then accused Henry of "trying to ignore me."

The mayor then told the chief the two needed to have a "close relationship."

Sexual comments by Her

What they're saying:

The lawsuit includes two sexual remarks that Her allegedly made during an awards ceremony in February.

In reference to a placement mark on the awards stage, Henry alleges Her asked "why is Tim's bigger," while making a suggestive look. Henry took the remark to be an innuendo to the size of his penis.

At the same awards ceremony, Henry had a ribbon from his time with the department's Mobile Field Force with the abbreviation "MFF."

Her asked what "MFF" stood for. After being informed, the lawsuit claims Her responded: "Oh, I thought it said MILF so maybe I could get one."

Henry says he only responded with "no", then removed himself from the conversation.

Bar meeting:

The lawsuit also details a Saturday night meeting between Her and Henry at a bar.

The lawsuit claims that Her required Henry to meet her out because she wanted to "get to know Chief Henry better."

The chief did share some personal details about his background. The mayor, however, volunteered some information that Henry deemed inappropriate, including details about the "poor status of her marriage."

The lawsuit claims that Her also volunteered to the chief that she was "frequently alone at home at night, including that Saturday night."

The mayor asked Henry why he wasn't drinking, then later asked, "Do you want to be friends, colleagues, or neither?"

According to the lawsuit, Henry told the mayor he'd like to be friends like any other coworker. Henry alleges the mayor repeatedly told him he needed to choose between being her friend, being just an employee or colleague, or ‘go’ — which Henry took to mean resign.

The lawsuit states the mayor seemed to conclude "she didn't think this is going to work."

Inappropriate touching:

During a March budget meeting, the chief also accused the mayor of unwanted touching.

The lawsuit states that twice during the meeting the mayor put her hand on the chief's upper thigh from below the conference room table.

The first time, the lawsuit states, her fingers were spread across the chief's upper and middle thigh. The second time, the lawsuit claims, her fingers were further up the chief's leg.

The complaint states that the mayor initially was sitting at the opposite end of the room from the chief but moved during the meeting to sit directly next to the chief.

Her accused of altering photographs

Altered photos:

The lawsuit also includes doctored photos that Henry claims were made by the mayor showing Henry and other cops on the bodies of bodybuilders. The photos were placed in Henry's office without his knowledge or consent, the lawsuit states.

Another photo depicts Henry and other officers on the bodies of members of a boy band, while another places Henry's head on a UFC fighter.

In another incident, Mayor Her placed her headshot photo over the photos of St. Paul police leadership on a wall display in police headquarters. According to the lawsuit, the mayor was apparently caught in the act and confronted by a deputy chief. In another office, the mayor also placed her headshot photo over a photo of Chief Henry and a SWAT team retirement plaque.

Her surprises Henry during time off

Local perspective:

In February, while Henry was taking vacation time, the lawsuit claims Her went to a golf simulator in Woodbury and surprised Henry and another officer.

Her told the chief that "she had to come like this because you guys wouldn't invite me." However, the lawsuit says that neither Henry nor the other officer had told Her about the golf simulator outing.

Henry isn't sure how Her found out about the outing, but the lawsuit suggests Her might have contacted Henry's staff to find his whereabouts.

Mayor's office responds to lawsuit

What they're saying:

In response to a FOX 9 inquiry, a mayor spokesperson said:

"An independent investigation did not substantiate claims of sexual harassment or retaliation against any city employee. The Mayor will continue to lead Saint Paul and follow the recommendations of the report. Beyond that, the City of Saint Paul doesn’t comment on active litigation."