By JODI SOKOLOWSKI
Buffalo Law Journal

The City of Jamestown Police Department did not seek to appeal an Aug. 3 decision that ordered the city to pay $80,000 to a former civilian employee who claimed sexual harassment and retaliation.

"The cost associated with filing the appeal and the likelihood of success were such that the city felt that they'd be throwing good money after bad," said City of Jamestown Corporation Counsel Marilyn Fiore-Nieves.

Administrative Law Judge Hon. Martin Erazo Jr. found in favor of the former employee, Laurie Barnes, and ordered that the city pay her $39,673.50 in back pay and $30,000 as compensatory damages for "mental anguish and humiliation." The total award of $81,885.70, which included interest, was paid Dec. 31.

The order was finalized Oct. 23 by New York State Division of Human Rights Commissioner Kumiki Gibson. The city had 60 days from that date to appeal the order.

"The city felt the taxpayers shouldn't be burdened any further after payment went out, even though we felt the decision by the administrative law judge was incorrect and was not based on the evidence presented at the hearing," Fiore-Nieves said.

The complainant said she was pleased with the decision by the New York State Division of Human Rights, which heard the case.

"I was relieved that the city did not appeal, simply because I felt that enough time had gone by already and we had met all the criteria," said Barnes.

Barnes, who was coordinator of Project Crossroads, a program for domestic-violence victims jointly run by the Jamestown YWCA and the police department, alleged employment retaliation. She was fired in January 2004 after reporting alleged sexual harassment to the police department and filed a complaint a month later to the Human Rights Division.

"When she complained, she was treated adversely and had several work performance problems," said Barnes' attorney, Buffalo solo practitioner Lindy Korn.

The DHR found that one specific officer, Kenneth Sleight, who oversaw and continues to oversee the Project Crossroads program, "created a hostile work environment in three specific ways," according to the decision. "First, Sleight used sexually offensive language. Second, Sleight had a romantic relationship with (YWCA Executive Director Beth) Oakes which impacted negatively on complainant. Third, Sleight engaged in other inappropriate office behavior towards females," the ruling read.

Barnes testified that Sleight made daily derogatory comments, referring to project clients - most of whom are women - as "mental midgets" and to one as a "skank."

Police Chief William MacLaughlin maintained that Sleight's "use of vulgar language among employees was in reaction to a stressful environment," according to the decision.

Fiore-Nieves said Barnes was "an active and willing participant" in such conversations. "The evidence I obtained (found that) her language was just as atrocious as anyone else's," the city's attorney said Tuesday.

While the administrative judge said in his ruling that "there is some indication that complainant participated in office banter," there wasn't enough "credible evidence" to support the contention that Barnes "participated to the same degree as Sleight."

The city also argued that because Barnes received her paycheck through the YWCA, the city was not responsible for her employment.

"We understand the supervisory nature our police officers had, but the biggest problem I have is, (Barnes) didn't present any evidence other than her testimony," Fiore-Nieves said. The city, she noted, presented character witnesses to back up its case.

Korn said Barnes received two excellent evaluations and salary increases in 2001, and received a certificate of merit from the New York State Assembly in May 2003.

Barnes said she waited to bring her claims to her supervisors because she wasn't sure that "the victims would get the help they needed" if she complained.

"I never meant to weaken the program in any way shape or form. It's a wonderful program and provides wonderful services," she said. "I hope the end result is the program be strengthened and the victims have the confidence they need to contact these services."

Fiore-Nieves said Sleight continues to run the program with support.

"We haven't received any information that the decision has negatively impacted on the program or people utilizing the program," she said. "That in and of itself validates the city's position all along that these were unfounded allegations."

Barnes and her husband moved to North Carolina, where she is working as a pet-store manager.

"Now if I want to get back into the (social-services) field, I would start at the very bottom, but I did that already and felt I found my niche," said the 46-year-old. "I still have quite a bit of remorse that I ended up in a position where I lost everything."

Korn said that other employers can learn important lessons from this case.

"Even if they have seasonal employees, (a company) should have a policy and use it consistently," Korn said. "This case shows where this employer fell short."

Fiore-Nieves said the city had a sexual-harassment policy in place at the time of the alleged incidents. That policy is now being reviewed as a provision of the decision.

"I don't know if (the state will) indicate if we have to make changes," she said.

University at Buffalo third-year law student Richard Perry assisted Korn on the case.