Inside the dog bite case shaking up a Maine county

According to the complaint, Jordan was one of multiple individuals that regularly brought a dog into the courthouse (this was prior to commissioners approving a no-pets policy in December). On Sept. 3, 2024, according to the lawsuit, a custodian entered the probate court to remove trash and Jordan’s dog “allegedly nipped” him on the elbow.

A report documenting an investigation conducted by a lawyer with Drummond Woodsum & MacMahon on the county’s behalf, a copy of which was obtained by The Maine Monitor, described the custodian as feeling pressure, but not pain, from the bite, which did not break the skin.

The custodian, Brandon Gray, said that Jordan grabbed the dog’s collar and pulled him away, according to the report, then asked if Gray was okay and apologized. The investigating attorney noted in the report that Jordan and Gray provided similar accounts of the incident.

The custodian immediately reported the incident to the county’s human resources director (who is also the deputy county administrator) as directed by Franklin County’s personnel policy. He did not require medical attention, according to the investigation report.

The next day, while the custodian and another county employee were working in the probate court office, Jordan allegedly told Gray that she was dismayed he had involved the commissioners — per the report, there is disagreement on the specific language used. The investigating lawyer found it reasonable that the statement could be construed as a threat, but also found it credible that Jordan was referring to an already “fraught” relationship with the HR director and Bernard, the county administrator, and that she did not intend it as a threat against Gray. (Gray did not respond to a request for comment.)

The investigation report was submitted to the county on Oct. 17. It concluded that the interaction did not meet the state or county personnel policy’s definition of retaliation.

Per the lawsuit, Jordan and Bernard met two weeks after the Sept. 4 interaction at Bernard’s request to discuss “concerns” about Jordan’s office. Jordan alleges that Bernard was “inappropriate, disrespectful, and belittling” and had “regularly and routinely created a toxic workplace that makes working in any capacity in connection with the County a negative experience.” (Bernard directed inquiries to the county’s attorney, Alyssa Tibbetts of Jensen Baird. Tibbetts did not return multiple requests for comment.)

Jordan was later told that there would be an executive session with the county commissioners to discuss having her dog in the workplace, according to the complaint. Jordan wrote a letter to the commissioners saying that she would no longer bring any dog she owned to the courthouse.

The board of commissioners — at that point made up of Harvell, the board’s rotating chair, Commissioner Bob Carlton and Commissioner Terry Brann — met on Sept. 17 for their regularly scheduled meeting, which was videotaped by Mt. Blue TV. The executive session was included on the agenda (“Executive Session 1 MRSA 405(6)(A) Personnel Matter: Discussion with Probate Register”), but Jordan declined to go into the session in writing, citing Maine’s Freedom of Access law and telling the commissioners that she was present to discuss her dog’s behavior and could do so in public.

Bernard recommended that the matter not be taken up in open session as it involved another employee. Commissioners discussed different options before ultimately deciding to table the agenda item, pending consultation with the county’s legal representative. The commissioners then voted to adjourn the meeting at 5:05 p.m.

The next day, Sept. 18, Jordan was given a letter by Bernard that said that she had been placed on paid administrative leave until the conclusion of an investigation. The letter, a copy of which was obtained by The Maine Monitor, indicates that the investigation would cover two issues: Jordan’s dog “aggressively making contact with the Custodian” and a complaint of “adverse treatment toward the employee” following the initial incident.

The letter was written on the commissioners’ office letterhead but was signed by Bernard, not by Harvell or the other commissioners.

According to the lawsuit, Harvell, Bernard and a Franklin County Sheriff’s Office deputy entered the probate court at 4:30 p.m. The suit claims that Harvell told Jordan that she had been placed on administrative leave and had to leave the building immediately. The complaint claims that after the commissioner was confronted with what authority he had to do this, Harvell became increasingly agitated, began yelling and, at one point, said he was a “County Commissioner and if I don’t want someone here, they are outta here.”

When reached by The Maine Monitor, Harvell said that he couldn’t comment on much of the lawsuit, but explained that he had been traveling home from work when he received a call that Jordan had not left the office after the 4 p.m. deadline and that he turned around to come to the courthouse.

“It was a situation of ‘What do you do?’” Harvell said.

He noted that the interaction had been videotaped, as the deputy present was equipped with a body camera, and said the county had been advised by its attorney that they could put Jordan on paid administrative leave.

Jensen Baird retained Drummond Woodsum & MacMahon on behalf of the county to conduct an investigation which, according to McKee, cost the county $9,000.

More than five weeks later, and approximately 12 days after the investigation report was submitted to the county, Jordan was told she could return to work on Oct. 29.

McKee filed a lawsuit on behalf of Jordan on March 20 in Franklin County Superior Court. It names Bernard and Harvell as defendants in both their individual and official capacities, meaning that Franklin County could be held responsible if anything was awarded to Jordan in relation to the suit.

The suit asks the court for damages associated with Jordan’s emotional distress as well as costs and fees. A dollar amount associated with those damages would be determined at trial.

Franklin County participates in the Maine County Commissioner Association risk pool, which generally covers lawsuit costs and damages.

The register of probate is responsible for day-to-day operations of the probate court, which deals with issues that range from wills and estates to adoptions to name changes. A part-time judge presides over the hearings while the register administers the court, which includes interacting with the public, preserving filings and effectively serving as the probate judge’s clerk.

Registers of probate are elected every four years. Jordan ran unopposed as a Republican in 2020 and began her first term on Jan. 1, 2021. She was reelected in 2024.

In the lawsuit, Jordan claims that the county administrator and the commissioners had no authority to place her on administrative leave or prohibit her from being in the building.

“Bernard and Harvell exceeded any basis for their authority, and they knew full well that they could not engage in the actions they engaged in,” the lawsuit reads.

Maine law states that county commissioners have “final authority over the operation of all county offices by elected or appointed county officials” unless there is a county personnel board, which there is not in Franklin County. The law also states that “county commissioners must act as a board and not on an individual basis in exercising this authority.”

The complaint contends that neither Bernard nor Harvell had authority to place Jordan on leave or ban her from the courthouse as “sole authority” with respect to the registers is laid out in the state’s Probate Code: “When a register is unable to perform or neglects the duties of the office, the judge shall certify the register’s inability or neglect to the county treasurer, the time of the commencement and termination of the inability or neglect and the name of the person who has performed the duties for that time period.”

According to the suit, the county’s probate judge told the attorney investigating the matter for the county that Jordan had never been unable to perform or neglected her duties as register. The probate judge, Margot Joly, did not respond to requests for comment.

A memo prepared by legislative staff in 2021 regarding the oversight of registers of probate indicates that the official’s day-to-day work is overseen and supervised by the probate judge, but that the probate judge does not have the authority to terminate or replace a register. Registers can be removed from office by impeachment or by the governor on address of the Legislature, as outlined in the Maine Constitution. The memo also states that “there is limited case law regarding oversight of Registers of Probate.”

Jordan’s lawyer, McKee, contends that neither commissioners nor the county administrator can put a register of probate on leave without involving the probate judge.

“That is the crux of the case,” McKee wrote in an email. “The only person authorized to impose any sort of leave with respect to Heidi [Jordan] is the Probate Judge. The law is clear on this issue.”

It is unclear how the decision to place Jordan on paid leave was made, or if commissioners voted as a board to do so. They did not do so at the Sept. 17 meeting, and Bernard’s letter was dated Sept. 18.

Tibbetts, the county’s attorney, did not respond to emailed questions about the commissioners’ authority over the register of probate position or how the leave decision was made.

Jordan’s complaint fits into broader concerns about the county’s workplace culture.

The board of commissioners expanded from three to five members on Jan. 1. Harvell and Brann did not run for the new board, while Carlton ran unopposed and was elected to the newly drawn District 4. (Carlton said that he couldn’t comment on the lawsuit when reached by phone.)

The new commissioners have made a point to focus on improving county employee morale.

At the county’s March 4 meeting, commissioners put out a request seeking an HR firm to conduct a “culture check,” and received 10 bids in response. Commissioners are hoping to hire a consultant to conduct employee interviews and prepare an action plan to address concerns.

Without mentioning specifics, Commissioner Tom Skolfield of Weld responded to a question about putting contingency funds generally used for emergency expenditures toward paying an HR firm by describing the issue of workplace harmony as the “elephant in the room.” (Commissioners later discussed using other funds, such as interest from American Rescue Plan Act money, to pay for the study.)

“I’m trying to figure out a way to frame this,” Skolfield said at the March 4 meeting, “but we have heard from a number of employees from this county about the concerns that they’ve had about management of this county and the direction we’re going in administratively. Enough to the point that it’s been the big elephant in the room.”

“I almost believe that this is an emergency,” Skolfield said. “I think we need to get this off the table.”

Commissioner Jeff Gilbert of Jay echoed Skolfield’s comments, noting that the county’s new board offers a new beginning.

“We can’t just be wallowing in the past and I mean that,” Gilbert said. “We’ve got to run a county.”