Lt. Raymond "Jimmy" Harper wants his old rank back after winning a $300K lawsuit against the city

Chief Steve Conrad said in a sworn statement there is too much 'hostility' with the former major.

Harper sent a letter to Mayor Greg Fischer seeking to retire on Sept. 30 under certain stipulations

Mayor Greg Fischer's office said Thursday a Louisville police officer who offered to retire if his former rank is restored is simply looking for more money.

Lt. Raymond "Jimmy" Harper won a $300,000 whistleblower lawsuit against the city in August, but his job has become unbearable since winning that verdict, according to his attorney.

Harper told Fischer in a letter that if the city were to agree to six stipulations, including reinstating his previous rank, he would leave the department on Sept. 30.

"Given Chief Steve Conrad's express feelings that he can't work with Jimmy Harper anymore we thought it was in everyone's best interest to reach a compromise, but the city flat out rejected it with no counter offer — nothing," said Thomas Clay, who is representing Harper.

Fischer spokeswoman Jean Porter said in a statement Thursday, however, that Harper was given the option to resign from the force as a major last year. She said instead he chose to take, "the costly route of litigation."

"His letter indicates that he is not satisfied with the jury verdict and wants more money from the city," Porter said.

Background:Jimmy Harper wants his rank back after winning whistleblower trial

Harper filed an injunction with the court last month demanding Conrad restore his previous rank in light of winning the civil trial.

In the city's response to that motion, Conrad said in a sworn statement that if Harper was promoted back to major, "there would be hostility between not only myself and [Harper] but also between other members of my command staff."

Among the conditions for retirement Harper gave to the Fischer administration were:

• He will concede his injunction with the court if he's returned to the rank of major on Sept. 30, which would be his final day on the force.

• The city would pay all court-related costs and attorney's fees that arose from the whistleblower suit.

• The city would buy back 76 hours of comp time and 64 hours of vacation time as well as allow him to immediately begin using his more than 30 vacation days until his retirement.

Porter said Harper is asking the city to settle an attorney fee claim without knowing the figure for that claim. She said "these are simply non-starters" for the mayor as a steward of taxpayer dollars.

"No one is keeping Lt. Harper from retiring," Porter said. "He can retire at any time, and when he does, he will be paid out any accrued time, according to department practice."

The Jefferson County Attorney's Office also argues that because a jury has already awarded Harper his front pay from lost wages, and making him a major would amount to taking a double recovery.

It also says that a current major on Conrad's staff would have to be demoted to make room for Harper.

Clay said at a press conference with his client on Thursday that this isn't a ploy for Harper to draw from the same pot twice. He said the verdict awarded him lost wages and that being reinstated as major for his final day is about restoring his retirement benefits.

"The only way Jimmy's going to be made a major again is if the judge orders it," Clay said. "It's obvious the city has no interest in trying to resolve this short of an order from the court."

Related:Jury hands Jimmy Harper $300,000 verdict in case against city

A Louisville jury sided with Harper after agreeing that a conversation he had with Fischer last year was protected under state law. He told the mayor during a community event that he didn't agree with Conrad's decision to disband flex units amid a historic spike in violent crime.

Under Kentucky statute, breaking the whistleblower law is considered a Class A misdemeanor that carries a $500 fine and up to 12 months in jail. But Conrad was never investigated by prosecutors or police for violating that law in the time since Harper filed his suit.

The jury did not side with Harper's other two claims during the closely watched trial. He also alleged retaliation stemming from his correspondence with Metro Council members or two previous whistleblower suits.

Harper had sued the city for $6.6 million in damages.

The trial aired a lot of dirty laundry for Louisville political leadership and police department, which has been used by Fischer's political rivals.

Metro Councilwoman Angela Leet, who is running for mayor, has criticized the mayor for rejecting Harper's letter to contrast with how other police commanders connected to the Explorer Scout sex abuse scandal were treated.

"After a jury found that Jimmy Harper was wrongfully demoted, Mayor Greg Fischer refuses to allow Major Harper to retire with his rightful rank," Leet said in a statement through her campaign.

"But officers implicated in child sex abuse are permitted to remain on the force to keep their health insurance, and then retire with their ranks untouched. The mayor had the chance to right this wrong, but once again chooses politics over people and politics over doing the right thing."

Read this:'My career is over': Demoted Louisville police officer upset on stand

Harper previously worked as major of the 2nd Division, which covers much of the West End. After he was demoted, he worked as a lieutenant for the department's river patrol.

The city's salary database shows Harper earns $98,612.80 as a lieutenant compared with the $106,579.20 he earned as a major two years ago.

Clay said his client is now working in the traffic unit overseeing special events.

"Jimmy basically has nothing to do," Clay said. "He doesn't have a job description and he hasn't had an evaluation in three years. He's basically been sent to Siberia."

Reporter Phillip M. Bailey can be reached at 502-582-4475 or pbailey@courierjournal.com. Support strong local journalism by subscribing today: courier-journal.com/philb.