Hartford PD loses another arbitration case

The 35-day suspension a Hartford police officer received as a disciplinary measure for sexually harassing an officer he supervised was too harsh according to a recent ruling from the Department of Labor’s State Board of Mediation and Arbitration.

The arbitration panel ruled that Sergeant Andrew Rodney should only receive a 10-day suspension instead. The noncooperation of Officer Kelly Baerga, who Rodney allegedly harassed, influenced the arbitration board’s decision, as did the city’s failure to seek the testimony of others involved in the allegations.

The grievance was brought before the panel on behalf of Rodney by the Hartford Police Union after the Hartford police department denied a grievance Rodney brought over the length of the suspension. The union appealed to the arbitration board, arguing the city had violated the collective bargaining agreement.

In the spring of 2018, Rodney was assigned to the police department’s recruitment division, making him a direct supervisor of Baerga.

In May 2018, Rodney, Baerga, and Lieutenant Paul West, to whom Rodney reported, attended a recruitment event at a Bridgeport high school. According to the arbitration decision, West was there at Baerga’s request because she did not feel comfortable with Rodney as a result of “past inappropriate sexual comments and because she felt that she was working in a sexually hostile work environment.”

At the recruitment event, Rodney allegedly overheard Rodney making sexual comments to West about the physical appearance of female candidates who were dressed in athletic attire for physical agility tryouts.

After the event, Baerga met with West to express her disgust with Rodney’s comments. West then verbally informed upper police management about Baerga’s complaint and met with both David Rosado and Assistant Chief Rafael Medina. According to the report, West was told to document the complaint in writing and that Rodney would be removed from the recruitment division and could not have any contact with Baerga.

West turned in the report to Medina on May 30, 2018. The report not only detailed the comments Rodney made at the recruitment event but also stated Rodney would “also scan the list maintained for record keeping and appeared to store the names and phone numbers on his cell phones of some [of] these females and was saying that he would be in contact with those women.”

Rodney also reportedly commented on how he would “handle” women he found attractive, look at Baerga, and make disparaging comments about her sexual orientation.

West’s report noted that he tried to caution Rodney and that he was not aware Baerga had overheard the conversation at the recruitment event.

Around May 29, 2018, Rodney was directed to come to a meeting with Medina and deputy chief Dustin Rendock, where he was informed that a sexual harassment had been made against him and that he was being transferred to the patrol division.

After the meeting, Rodney reportedly went to Baerga’s cubicle to confront her about her complaint.

The next day, Rosado sent a request to the department’s internal affairs division to conduct an investigation into the sexual harassment claims about Rodney’s behavior at the recruitment event. Human resources director Cherese Chery interviewed a number of police personnel, but not Baerga.

Baerga was later asked if she wanted to read West’s complaint but declined.

On September 28, 2018, Chery released an investigation report, which recommended that West and Rodney attend sexual harassment training.

On February 13, 2019, O’Brien issued a written order to Rodney directing him not to discuss the matter with anyone involved or have contact with Baerga.

On March 27, 2019, O’Brien issued a report to Rosado informing him of the findings of the investigation. Rodney was informed and advised he had the right to a departmental hearing, which took place on July 16, 2019. The outcome of the hearing found Rodney violated several sections of the department’s code of conduct and that he should receive a five-day suspension.

On September 19, 2019, the interim police chief issued a decision, essentially agreeing with the outcome of the departmental hearing but awarding a longer penalty of thirty-five days.

Rodney filed a grievance with the union. In hearings on the grievance, Baerga refused to testify and to comply with a subpoena issued by the city.

The arbitration panel found there was sufficient evidence to discipline Rodney but that the 35-day penalty was too harsh. It also rebuked Baerga’s refusal to participate in the hearings.

“We understand the sensitivity of the allegations she made but steps could have been taken (such as sequestration) to minimize the discomfort and distress to have to testify in front of a group of men. She did not make any suggestions or requirements for this Panel to consider in order to get her testimony and the Grievant is entitled to confront his accuser.” the decision reads.

The decision also states the panel found it “troublesome” that neither Hartford nor the union required West to testify in the proceeding since his complaint started the investigation and he had “first-hand knowledge” of Rodney’s comments. They made similar statements about a failure to call Chery to testify.

The panel found that media attention to Baerga’s allegations played a role in the 35-day suspension.

“We note that Cheres Chery, who is female, met with Baerga personally and heard her evidence and that she only recommended that the Grievant and Lt. West be sent to sexual harassment prevention training, no written warnings or suspensions. Similarly, Deputy Chief Watson, also female, recommended that the Grievant be issued a five-day suspension.” the ruling states.

“We agree with the Union that Chief Thody was under pressure to act boldly because of the media sensation caused by the allegations raised by Baerga and that is why he had to make an example of the Grievant and show that the Police Department does not tolerate sexual harassment of any sort.” the panel concluded.

They ordered Rodney’s thirty five-day suspension be reduced to ten days and that he be compensated for lost wages and benefits.

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