Hiding in Plain Sight: Supervising and managing sexual harassment

"If you don't do what they want, they'll take a lie about you and make it true."




The Human Resources Board failed to obtain a quorum and thus postponed its meeting until next Tuesday, Oct. 9 at 4p.m on advice of a representative from the City Attorney's office. The link above includes access to the board's agendas, minutes and special reports. Nine city members comprise this board and in their meetings, they are usually surrounded by city employees including Human Resources Director Rhonda Strout and some say Asst. City Manager Tom DeSantis' point man, analyst Jeremy Hammond, the employee who put his signature on the agenda item that never made it on the final consent calendar addressing the creation of three "at-will" positions in the police department's management structure.

The Human Resources Board's members say that they oversee complaints filed alleging racism, sexism and retaliatory actions taken by others against complainants including termination.


On the subject of employee grievances, issues faced by city employees can include a myriad of allegations including gender discrimination and sexual harassment.

One of the best books published addressing sexual discrimination and harassment in male-dominated professions is, Investigating Sexual Harassment in Law Enforcement, written by Penny Harrington and Kimberly Lonsway. Portions of this book have already been discussed and referenced to on this blog when addressing the issue of sexual harassment in general and past law suits filed in connection with the Riverside Police Department in 1996 and 2006.



One of the chapters addresses the responses of supervisors and management personnel to allegations of sexual harassment by female employees in law enforcement. The importance of setting the standard for how employees behave in a professional work environment is set by these key individuals and include a mechanism of holding employees accountable to these standards of behavior. There are actions that good supervisors and management personnel take and then the not so good to downright problematic actions that only worsen the problems.



Harrington and Lonsway start with the good model which includes the following behavioral actions.





Pay attention to the way women are treated in the workplace.



Establish good communication with female employees.



Immediately put a stop to inappropriate behaviors.



Intervene in problem situations.



Respond appropriately to complaints

It sounds basic, in that if those who supervise or manage employees behave in a professional fashion, expect that behavior of their own employees, keep communication lines open and take care of problems when they arise then that can prevent an environment of sexual harassment from being the status quo. But the bottom line still remains, are female law enforcement officers accepted inside a law enforcement agency or is it instead akin to a he-man woman haters' club?

Of course, then there are the bad behaviors, including a primer on how supervisors and management personnel should not behave that is included in Harrington and Lonsway's book.

Here's what not to do.

Use or condone use of inappropriate language.

Tell or allow jokes.

Touch employees.

Hold employees to different standards of performance.

Fail to listen to and act on complaints of discrimination or harassment.

Try to talk complainant out of filing complaint including by saying any of the following.

"Are you sure you want to file a complaint?"

"Do you realize that this could affect the respondent's chances for promotion?"

"Filing a complaint could be upsetting to the morale of the unit."

"The department is not happy with you or with your decision to file this complaint."

Retaliate against complainant or others.

Fail to stop retaliation on part of coworkers

These dual lists are interesting in terms of what is hoped for and what too often, is practiced instead. How do most law enforcement agencies stack up? How does the Riverside Police Department stack up, both in light of and apart from the two sexual harassment law suits filed against it within a 10 year period? How would former Sgt. Christine Keers who sued in 1996 and former officer-for-one-day, Kelsy Metzler who sued in 2006 use this criteria both positive and negative, to evaluate their respective experiences with reporting sexual harassment through the police department?

Those are important questions.


Both Keers and Metzler reported negative experiences with police department personnel after filing their respective complaints. The harassment that Keers alleged she faced in response was more severe and longer in duration than that reported by Metzler in her law suit filed in Riverside County Superior Court last year. The sexual harassment of Keers actually increased according to her law suit and she faced retaliation by management personnel even though she received good representation from her designated grievance represented from the police union.



Metzler was allegedly approached by two police officers while attending the peace officer academy and told that the department wasn't happy with her or her law suit, according to her law suit. She later was terminated by the police department on her first day of work there without being given a reason due to her probational status.

She stated in her complaint that she was told by one of the defendants in her law suit that she was being fired, they didn't have to tell her why(due to her being probational) and they didn't like her. Then apparently, they told prospective employers that she had sexual relations with her instructors in the academy, according to Metzler's law suit. Yet if that were true, then why hasn't there been a shakedown at the training academy against instructors having sex with those they are training, because it would seem there would be policies in place regarding fraternization and sexual harassment?


While Keers had an advocate assigned to her during the proceedings that led up to the filing of her law suit, it's not clear if Metzler ever had an advocate for her and the role of grievance advocate is critical. Are those that exist trained to address sexual harassment complaints including retaliation against those who file them or do they themselves contribute to the problem with their own belief systems? Do they support women in law enforcement or do they themselves oppose it? Do they vocalize what their beliefs are and where?

One would have hoped that the Riverside Police Department would have viewed her as at least a heavy financial investment at that point and advocated for its employee during the investigatio of the sexual harassment complaint. However, unfortunately the role it played is portrayed as being an agency that was more concerned about welcoming a female officer with a history of complaining about sexual harassment into its fold. It's hard to know the department's take on the situation because the city didn't launch a very serious response to the allegations raised by Metzler opting instead to argue against the validity of the law suit based on time constraints and to state that since it wasn't a city employee who actually was accused of sexually harassing Metzler, there really was nothing to say about it.

If you ask a representative of the police department how these situations and those involving racial harassment are handled or should be handled, they will tell you quickly that there is a process in place to do so that is dictated by departmental policy. However, what is the history of the use of this procedure? How does it impact the behavior in the workforce? Do employees actually use it or is there a "code of silence" in place? Do the complainants face retaliation by doing so or are they protected by the department against it? Is every employee including supervisors in every corner of the department trained on this policy and expected to implement it?

Is the current policy and procedure adequate and is it implemented consistantly and properly?

Harrington testified in the racial discrimination, harassment and retaliation law suit involving Black officer Roger Sutton and on the stand, said that she believed that the policy outlining the process itself was adequate but that she had concerns that it wasn't implemented as it should be. At least in Sutton's case, there was a jury who agreed with her and at deliberation's end, a huge verdict was delivered in favor of Sutton.

So what are some of the things that could be done differently?

Harrington and Lonsway also discuss ways to investigate allegations of sexual harassment inhouse and through outside agencies including the Equal Employment Opportunity Commission and its state counterparts.



What was really interesting is the proposal to create what are called "discrimination units" inside police departments.





The list of recommendations for such proposed special units were as followed.







They are separate from the Internal Affairs Division and have the authority to investigate complaints from all sworn and civilian personnel regarding sexual harassment and other forms of workplace discrimination, such as that based on sex, race, national origin, sexual orientation, disability or other protected status.



They are located off-site to provide maximum confidentiality for complainants and respondents.



They are headed by a commanding officer of the same rank as the commanding officer of the Internal Affairs Division.



They are structured to report directly to the chief administrator of the organization.



They are staffed with civilian experts in personnel issues who have expertise in the areas of sexual harassment and employment law.



They are provided with ongoing training by community experts on the issues of employment discrimination, such as gender, race, sexual orientation, disability and age.



They are given direct access to legal advisers with expertise in the law pertaining to employment discrimination.



They coordinate their actions with related agency divisions and selected personnel, especially Internal Affairs, Human Resources, Equal Employment Opportunity(EEO) behavioral sciences and training.




This seems like an excellent plan to implement but it does seem to be one that law enforcement agencies largely because of the police culture would be reluctant to carry out. And the strongest motivation force for change still tends to be hefty payouts by cities and counties on law suits in relation to discrimination and harassment.


Resources on sexual harassment and other gender issues pertaining to policing include the following.


National Center for Women and Policing

Penny Harrington (includes a section on recognizing sexual harassment and what to do about it)

EEOC: Sexual Harassment





Christine Keers v the City of Riverside(1996)



Kelsy Metzler v the City of Riverside(2006)











Several interesting letters in the Press Enterprise today regarding Dan Bernstein's excellent comment on changes by the Riverside Unified School District to no longer teach about novels and the changing of the guard at the Riverside County Sheriff's Department. There's an interesting letter written against the oppression of women.

The news that Belo Corporations, the company that owns the Press Enterprise is going to split raises the question about the future direction of the newspaper.


(excerpt)


After the split, each of the companies is projected to have annual revenues of about $750 million. The television company would have about 3,200 employees, the newspaper company about 3,800.

The television firm would have higher profit margins, as is typical for the industry. Newspaper print margins have been falling industry-wide due to competition from Internet advertising, but profits on newspaper Web sites have been rising rapidly, albeit from a smaller base.

Belo Corp. will keep its current $1.2 billion in debt; A.H. Belo will be launched with no debt, executives said.

That lack of debt "puts the newspapers in a position to win," Mr. Decherd said.

"The worrywart crowd's view of newspapers" is not only that their operating prospects are uncertain but that some pure newspaper companies have taken on debt in recent years, he said.

"So if you come out with a company comprised of newspapers of this quality and no debt on the balance sheet, I think is going to be a very good story from an investors' standpoint," he said.




More endorsements are coming out of the Press Enterprise's editorial board in light of the upcoming elections in San Bernardino.


Remolding the city government into a new image seems to be the theme in the twin editorials.

First on deck to be recreated is the city council and the board has endorsed three new candidates and provided its reasons for doing so.


(excerpt)


In the 5th Ward, Carolyn Tillman would give voters a polished and articulate voice on the council. Tillman brings a strong background of community involvement to the job, including service on the city library board. Her current job with the county superintendent of schools involves building partnerships with businesses, community groups, churches and schools. She has the skills to foster cooperation on the council.

The incumbent, Chas Kelley, exhibits a focus that often extends no farther than the boundaries of his ward. Stopping San Bernardino's civic decline, however, requires a citywide vision. And Kelley has frequently helped block Morris' plans -- opposition that stalls progress without offering improvement.

In the 6th Ward, Rikke Van Johnson has earned another term in office. Johnson has been a solid vote for programs to improve the city, not an obstacle to progress. He works hard to keep his ward informed about city issues and events. And Johnson has offered strong support for youth programs, even outside his district -- a citywide outlook that is crucial in a city whose council members represent separate wards.

In the 7th Ward, James Mulvihill brings impressive credentials to the race. Mulvihill, a professor who directs the urban planning program at Cal State San Bernardino, understands how to generate city renewal. And he sports a record of civic involvement spanning more than two decades. Mulvihill serves on the city Planning Commission, which gives him wide familiarity with city issues. He offers a good sense of how the city can capitalize on such advantages as plentiful water and a freeway-friendly location for economic development. And his emphasis on neighborhood policing and intervention programs fit well with the mayor's ideas.


The editorial board had enough verve left over to want to renovate the city attorney's office by advocating the removal of the incumbent, Jim Penman and replacing him with his former subordinate, Marianne Milligan.


(excerpt)


San Bernardino faces serious challenges in revitalizing a city that has been in decline for years. That task requires a cooperative approach, focused on the city's needs. Penman's record is one of creating discord and dissension that stymie progress in city renewal.

San Bernardino can no longer afford a city attorney who plays ringmaster to a political circus. Electing Marianne Milligan as city attorney will make the office once more into a useful city agency instead of an obstacle to better city government.




More information is emerging of the latest scandal plaguing the Chicago Police Department, according to the Washington Post. A former police officer could be facing federal criminal charges for conspiracy to commit murder of another police officer.



(excerpt)


Jerome Finnigan, 44, is quoted in an FBI agent's affidavit as telling a co-defendant he was looking for someone less risky than gang members but warning that the cost would go up for "professional painters" _ code for killers.


Finnigan is one of six members of an elite Chicago police unit already accused of using their badges to shake down residents and intimidate people. He has pleaded not guilty to state charges including armed robbery and aggravated kidnapping in that case, which is in Cook County criminal court.

According to federal officials, the man targeted for death could be a witness against Finnigan in both the federal investigation and the state prosecution.

Finnigan discussed this past weekend killing three other police officers he believed to be cooperating in the investigations, according to the affidavit and U.S. Attorney Patrick Fitzgerald.

"When the person who seeks to hire someone to kill a witness against him is a police officer, it doesn't get any more serious than that," Fitzgerald said.




One would think not and Chicago Police Department's operations particularly those involving its special units has attracted a lot of attention. Allegations of torture and perjury are being investigated by federal law enforcement agencies according to the San Francisco Chronicle from cases in the 1980s.



Members of boards and commissions who blog in Santa Ana have caught the ire of city officials, according to the Los Angeles Times.






Two New York City Police Department officers who may be facing criminal charges for an onduty brawl turned themselves in according to the New York Daily News.


(excerpt)


The two unnamed officers, both assigned to the Bronx's 44th Precinct, were expected to be charged with assault in the Sept. 14 melee outside the Rockin' Robin bar on McLean Ave. in Yonkers, near the Bronx line.

The off-duty cops allegedly punched and kicked the man so violently that the victim could lose an eye. The NYPD officers were facing felony assault charges last night, sources said.

Witnesses reportedly identified one of the off-duty cops as an attacker.



Besides the two officers, six others and a sergeant were being investigated for letting one of the officers involved in the brawl leave the scene once he told them he was a police officer.





Former Riverside County District Attorney and current Best, Best and Krieger attorney, Grover Trask is conducting a workshop on the Brown Act at the Riverside County Administrative headquarters in Riverside.

While the District Attorney's office has yet to send a representative to an Eastside community meeting to answer questions on the Eastside Riva injunction(although there may have been a meeting on the issue in Casa Blanca), it is willing to publicly discuss the Brown Act. One question that someone should be sure to ask is whether or not the District Attorney's office actually takes action involving city or county governmental officials who violate the Brown Act.



Also at the county building, new Riverside County Sheriff Stan Sniff will be sworn into office today.


(excerpt)



A review of his personnel records reveals a deputy that superiors described as conscientious, fair-minded and focused on detail, but who could be rigid and inflexible at times.

Years later, Sniff said he has learned that important issues are rarely black and white.

"My purpose at this point is to focus on where the department goes in the future, not to talk about the palace intrigue," Sniff said. "The department is a great department. My interest is to make it an even greater department."

Doyle, without elaborating, says Sniff was an at-will employee who could be discharged without cause and had a list of offenses. Sniff was allowed to retire and given three months' severance pay, Doyle said.

Sniff supporters, such as Supervisor Jeff Stone, contend Doyle was attempting to eliminate a formidable rival in 2010 to Doyle's handpicked successor, former Assistant Sheriff Mike Andrews.

Andrews, 45, and too young to retire, was dismissed last week by Doyle with six months' severance pay after 23 years with the department. By dismissing Andrews, Doyle said he was saving him from inevitably being fired by Sniff, who declined to discuss any changes he intends to make in the top management.

Stone said he had thrown his support to Sniff many months ago for the 2010 election, before Doyle announced he was taking a state parole board job.

Doyle blamed some of the controversy roiling the Sheriff's Department on a long-running feud between Andrews and Sniff and "ginned up" rumors by Sniff and other managers that Doyle had played favorites.

"He's got to tread lightly," Doyle said of Sniff. "He was not elected by the people. He's beholden to three county supervisors, the union and (District Attorney Rod) Pacheco.






The Riverside Public Library downtown has a display for Banned Books Week until Oct. 4 located on the second floor in the Young Adult section.