Delco officials ignored ex-emergency chief’s alleged sexual harassment, allowing assault to take place, federal lawsuit claims

The alleged inappropriate behavior by a former director of the Delaware County emergency services department was an open secret, but county officials didn’t act to protect female staffers, according to a lawsuit filed in federal court in Philadelphia.

Tim Boyce was fired in May following an Equal Employment Opportunity Commission complaint from a woman who alleged he attempted to forcibly kiss her. Boyce is facing criminal charges for allegedly groping her and another female staffer.

» READ MORE: Delco’s former director of emergency services charged with indecent assault

Jacqueline Kahler, who filed the EEOC complaint, is suing the county and multiple officials, alleging that they didn’t do enough to protect female workers like her from Boyce. The lawsuit, filed in the Eastern District of Pennsylvania on Monday, lists multiple instances in which Boyce allegedly engaged in overtly sexual and inappropriate behavior toward female staffers.

“If these officials had done their job, Mr. Boyce wouldn’t have been there to assault my client,” said Mark Schwartz, the attorney who represents Kahler.

The lawsuit lists as defendants the county council members, human resources and solicitor office executives, and officials from the Department of Emergency Services.

A spokesperson for Delaware County reiterated that Boyce was terminated because of his behavior.

“While we generally do not comment on pending litigation, we can confirm that the safety, security, and well-being of every county employee remain a top priority,” the spokesperson said. “Harassment, discrimination, and retaliation are not tolerated at the county, and county council is committed to maintaining a safe work environment for all employees.”

In a preliminary hearing last month, Boyce’s attorney, Andrew Edelberg, argued that the investigation into his client was insufficient, and called into question the credibility of the victims.

“They are attacking a man’s 40-year reputation, that he should be a Megan’s Law sex offender, because they allege there was indecent contact. It’s incumbent on them to prove there was actual contact,” Edelberg said in court.

Edelberg said Tuesday that he had not received a copy of the civil complaint, which does not name Boyce, but he was not surprised that “flowery allegations” were made against his client.

“Those allegations are for monetary purposes, for monetary gain,” the attorney said. “They are uncorroborated allegations.”

Kahler began working at the department of emergency services part time in December, according to the lawsuit. About a month later, she was promoted to a full-time position as Boyce’s executive assistant.

On Jan. 30, Boyce summoned her to his office and attempted to kiss her, according to the lawsuit, but Kahler turned her head away, resulting in him kissing the side of her head. He then allegedly said “you have a really nice ass. Let me feel it,” and groped her as she walked away.

» READ MORE: Woman allegedly groped by former Delco official said he made her feel like a ‘piece of meat’

Roughly a week after the alleged assault, Kahler and Boyce had a text message conversation in which she confronted him about his actions.

“You took advantage of me and made me feel like a vulnerable piece of meat,” Kahler wrote, according to the lawsuit.

The suit said Boyce responded, “I am sorry and not making excuses.”

Boyce had a years-long history of inappropriate behavior that should have been addressed, according to the lawsuit.

Boyce allegedly called female staffers his “girlfriends,” and the bathroom across from his office was known as “where nasty things happen,” the lawsuit states.

In 2022, Boyce allegedly instructed the female employee in charge of uniforms to order tank tops for the women who worked at the department. When the tank tops arrived, Boyce asked her to try them on, which she did under her cardigan, the suit says. When she commented that the tank tops would expose the breasts of female employees if they were to bend down, the lawsuit says that Boyce replied, “Oh really! Let me see. Bend over.”

Boyce was charged by the Pennsylvania Attorney General’s Office in May, days after he was fired, with indecent assault for allegedly groping Kahler. In August, prosecutors brought a second set of charges over similar behavior toward a second employee.

The actions involved in a second case date back to 2018, when Boyce allegedly showed the staffer photos of his genitalia on his phone. The employee reported the incident to her boss at the department of emergency services, but no action was taken against Boyce, according to the lawsuit.

That employee testified at last month’s preliminary hearing that Boyce lifted her dress in November, groped her in January, and later discussed sexual positions he would have liked to engage in with her, the lawsuit states.

Delaware County had a legal obligation to prevent these incidents from happening, said Schwartz, Kahler’s lawyer.

“Don’t tell me you didn’t know about it when it’s clear others knew about it, and some complained to their supervisors,” he said.