FARMINGTON — The Franklin County register of probate is suing two county officials for allegedly violating her Maine Constitutional and civil rights when they placed her on administrative leave after her dog nipped the elbow of a county janitor last fall.

The lawsuit by Heidi Jordan, which names county Administrator Amy Bernard and former commission Chairman Lance Harvell as defendants, was filed Thursday in Franklin County Superior Court. They are named in their capacity as county officials and as individuals. The lawsuit requests the court enter judgment in Jordan’s favor and award her damages, costs, attorney’s fees, and whatever other relief the court deems just and equitable.

Bernard had not seen the lawsuit as of Friday morning and declined comment. She referred the Sun Journal to attorney Alyssa Tibbetts of Jensen Baird of Portland and Kennebunk, who didn’t immediately respond to an email.

Harvell wrote in a message that Thursday night was the first he had heard of the suit.

Bernard placed Jordan, an elected register of probate, on administrative leave Sept. 18, 2024, two weeks after Jordan’s dog, which was at her office, nipped the elbow of a county janitor on Sept. 3.

At the time, there was no county policy prohibiting a dog being at a county office. After the incident, Jordan told Bernard she would not be bringing a dog to her office anymore, according to the lawsuit filed by Jordan’s attorney, Walter McKee of McKee Morgan Attorneys in Augusta.

A no-pet policy at county offices was approved by county commissioners in December 2024 that excluded sheriff’s police dogs.

According to a timeline in the lawsuit, on Sept. 12, after the dog nipped the custodian, Bernard requested a meeting with Jordan who asked what the meeting was about. Bernard indicated that there were supposedly “concerns” about Jordan’s office. The meeting took place Sept. 16.

According to the suit, Bernard “aggressively and in an agitated and rude manner” asked what happened between Jordan’s dog and the janitor. Bernard was “inappropriate, disrespectful, belittling. This is a manner in which Bernard has acted throughout her time as county administrator,” according to the suit.

On Sept. 18, Bernard and a county deputy entered the probate office and Bernard gave Jordan a letter advising her she would be on administrative leave at 4 p.m. that day.

“Bernard had no authority to place Heidi on leave,” the lawsuit states.

According to the suit, at 4:30 p.m. there was a loud series of knocks. Jordan opened the door and Harvell walked in and in an elevated tone of voice told Jordan she had been placed on leave and had to leave the building immediately.

“There was no authority to force Jordan to leave the building,” the lawsuit contends. “When confronted with what authority Harvell had to do this, Harvell became increasingly agitated, his voice became louder and he began yelling that he was a county commissioner and if I don’t want someone here, they are ‘outta” here’,” the suit states.

During that time, a deputy and Bernard were also present.

“The actions were aggressive, illegal and intimidating. Harvell purported to act as final policy maker for the county in placing Jordan on administrative leave and forcing her to leave,” attorney McKee wrote.

Asked by the Sun Journal last fall if she had the authority to put Jordan on leave, Bernard responded that the commissioners gave her authority over all county personnel.

After Jordan was put on leave an investigation was conducted by a third party. The investigator found there were no Franklin County laws or policies that Jordan violated, according to the lawsuit. The report was never made public.

Bernard and Harvell’s “illegal administrative leave and unlawful order to not be in the building continued until Oct. 29, 2024,” when she was told she could return and continue her duties, according to McKee.

Bernard and Harvell exceeded any basis for their authority and they knew full well that they could not engage in the action that they engaged in with a deputy in tow, the suit states.

According to a review in 2021 of the laws overseeing Maine registers of probate by the Legislature’s legal staff, registers of probate are overseen by each county’s probate judge, who are responsible for certifying their inability to do their job or neglect in performing their duties.

According to the report, “a register of probate may be removed from office by impeachment or by the governor on the address of both branches the Legislature.”

At no time did Franklin County Probate Judge Margot Joly certify “Jordan’s inability or neglect. At all times, Jordan acted in a manner consistent with her duties and never was unable to perform or neglect her duties,” according to the lawsuit.

Also according to the suit, Joly told the investigating attorney hired by the county that Jordan was never unable to perform or neglected the duties of her office.