STATE OF CONNECTICUT

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

AFFIDAVIT OF ILLEGAL DISCRIMINATORY PRACTICE

1. My name is Paul West and I am the Complainant in this matter. I am an African-

American Male, and I reside at 40 Overlook Drive, Windsor, CT 06095. I am over
18 years old and I understand the obligations of an oath.

2. The Respondent in this matter is the City of Hartford and the Hartford Police
Department. The City of Hartford is located at 550 Main Street, Hartford,
Connecticut, and the Hartford Police Department is located at 253 High Street,
Hartford, Connecticut 06103. Complainant works out of 253 High Street, Hartford,
Connecticut.

3. Complainant is employed by the Respondent as a Police Lieutenant. He has been

a member of the Hartford Police Department since July 2002. He has been with
the HPD for almost 17 years. Complainant holds a Bachelor of Science Degree in
Human Services with a Minor in Criminal Justice. He holds a Master’s Degree in
Public Administration from University of Connecticut and he also holds a Graduate
Certificate in Police Executive Leadership from the University of Louisville
Southern Police Institute.

4. In or around May 11, 2018, I graduated from a three-month Administrative Officer’s

Training Course at the University of Louisville; Southern Police Institute;
Department of Criminal Justice. I was referred for participation in this program by
Chief James Rovella (White Male). I received recognition for academic excellence,
receiving grade of “A”, in all courses and earned a graduate certificate in Criminal
Justice Administration and named as a Dean’s Scholar for the Spring Semester of
2018.

5. Assistant Chief (AC) Rafael Medina (Latino Male) was promoted in or around April
2018. I was attending the University of Louisville when Assistant Chief Medina was
promoted. He is designated to oversee operations, and Jason Thody (White Male)
is the Assistant Chief of Administration.

6. While I was in Kentucky, in training, AC Medina began to modify the division I

commanded. He omitted me from the standard process of selection by adding
another person by the name of Sargent Rodney to Recruitment, the unit that I was
assigned to. this unit only housed two people. Adding a Sergeant to a two-person
unit caused significant concerns relative to span of control, chain of command,
unity of command, and areas of responsibility.

7. When I returned to the unit after my three-month training program in Kentucky,

was completed, Sergeant Rodney, who had been appointed to the unit by AC

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 Medina in my absence, was allowed to consistently circumvent me and speak
directly to AC Medina, ultimately undermining my authority as unit commander.

8. Upon my return from training in May 2018, AC Medina continued to further strip
me of authority and marginalized my responsibilities, in numerous ways, eventually
culminating in removal from command of the recruitment unit and placing my
career in “limbo” for months.

9. On Saturday, May 26, 2018, after receiving an emotional request from recruitment
officer Baerga, I accompanied Sergeant Rodney, and Officer Baerga to a recruiting
event in Bridgeport, Connecticut.

10. While in Bridgeport, attending the Saturday May 26, 2018 recruitment event, I
personally witnessed shocking, overt, explicit and demeaning sexual harassment
initiated by Sergeant Rodney, the Sergeant assigned to the Recruitment Unit when
I was attending training in Kentucky. The sexual harassment that I witnessed, took
place on Saturday, May 26, 2018 in Bridgeport, targeting in pertinent part, Officer
Baerga, a Latino female officer. Officer Baerga filed a sexual harassment
complaint against Sergeant Rodney, with me on Monday, May 28, 2018, as Officer
Baerga was assigned to work in the recruitment unit under my command at the
time the complaint was filed.

11. On the morning of Monday, May 29, 2018, I asked Chief Rosado for an opportunity
to meet with him about what I considered to be an important matter. He scheduled
me for a meeting later that afternoon. It was my intention to bring the sexual
harassment incident to the Chief first thing in the morning, however, he was not
able to schedule me until that afternoon. I met with Chief Rosado that afternoon
as scheduled, and I told him about the sexual harassment complaint immediately,
and he discussed a few other things, including removing me from recruitment for
more meaningful employment among other things. Those are serious allegations
you are reporting, document it and give it to Assistant Chief Medina, who was also
present at the meeting. I was instructed to document the incident and forward it to
Assistant Chief Medina, which is what I did. I submitted an Interdepartmental
Memorandum dated May 30, 2018 with the Subject Harassment and
Discrimination to Rafael Medina, Assistant Police Chief, as ordered. I also
hand delivered a copy to the City of Hartford Human Resources Department.

12. I reported the incidents of sexual harassment to Chief Rosado and Assistant Chief
Medina, on Monday, May 29, 2018, and on Monday, May 29, 2018, I was
removed from command of the Recruitment unit by AC Medina. This took place
after the three Chiefs (Watson, Rendock and Medina) met behind closed doors on
May 29, 2018, to discuss my removal from the Recruitment Division regarding a
dispute over overtime. After they met, the Chiefs called me back into the meeting.
AC Medina folded his arms, and told me that “Effective immediately, you are no
longer the Commander of Recruitment.” This left officer Baerga as the only

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 employee of the Recruitment unit, and more importantly, leaving Officer Baerga
under the sole command of the sexual harasser, Sergeant Rodney.

13. The afternoon of Monday, May 29, 2018, when I met with Chief Rosado and AC
Medina, I shared the sexual harassment complaint brought by Officer Baerga of
the Recruitment Division which I formerly commanded and advised them that her
claims of sexual harassment were against the Sergeant who was now her direct
supervisor, Sergeant Rodney.

14. In the afternoon meeting on May 29, 2018, Chief Rosado and AC Medina advised
me that Sergeant Rodney would be removed immediately from the Recruitment
Division, and that an investigation would be launched. They wanted to speak to
Officer Baerga and I advised them that she did not want to speak to anyone and
wanted to be removed from the Recruitment Division. They did not remove him
immediately, and Officer Baerga had to continue reporting to him for three or four
more days.

15. Despite the seriousness of the allegations and the physical and mental angst
experienced by officer Baerga, Assistant Chief Medina has failed to effectively
remedy the situation. He left Officer Baerga under the accused sexual harasser’s
supervision for several days and still has her attending scheduled in-service
training with the sexual harasser, even though other schedules are available.

16. On the morning of May 29, 2018, after I reported the Sexual Harassment incident,
I was contacted by Deputy Chiefs Watson and Rendock and severely chastised
for attending the recruitment event in Bridgeport on May 26, 2018 (where I
personally witnessed the sexual harassment against Officer Baerga). Adverse
employment actions were taken against me the same day that I reported the
Sexual Harassment incident, including my removal from the Recruitment Unit by
AC Medina. Deputy Chief Rendock even threatened to withhold my pay for that
day, which was legitimate time that I actually worked for the Department.

17. I believe that my May 29, 2018 removal from all commands, and the threat to
withhold my pay, and refusal to protect Officer Baerga from further sexual
harassment, was in direct retaliation for my reporting a Sexual Harassment
complaint to the Chief Rosado and AC Medina, and attempting to have Officer B
given protections against the sexual harasser while under my jurisdiction.

18. In or around the beginning of June 2018, I personally felt the direct impact of AC
Medina's disdain towards me when I contracted a life-threatening illness in June
of 2018. This adverse treatment by AC Medina, took place less than a month after
I reported the sexual harassment of Officer Baerga to the administration.

19. In June 2018, I had three weeks of vacation scheduled beginning the second week
of June. When I felt ill, I made an inquiry through Deputy Chief Sonia Watson to
request starting my vacation early as opposed to calling out sick.

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20. Deputy Chief Watson permitted me to start vacation early considering my
impending sickness, thereby allowing me to use three weeks of vacation instead
of sick time. I felt the request was extremely reasonable as Medina had eliminated
my command responsibilities in May absent any rationale and was using me as a
substitute South Commander while my job remained in limbo, leaving me with no
job identity or defined areas of responsibility because I now had no permanent
assignment.

21. The very next day I received a call from Deputy Chief Watson stating Assistant
Chief Medina rescinded my vacation ordering me to utilize sick time. Unfortunately,
my sickness became, life-threatening and I was hospitalized for an extended
period. During this time Assistant Chief Medina demanded a doctor’s note from me
within 24 hours, of my absence. I consider this to be another incidence of
retaliation, as no doctor’s note is required under the CBA until after a three-day
period away from work.

22. AC Medina ordered a Deputy Chief to research all local hospital registries to
ascertain if I was in the hospital. AC Medina ordered the same chief to go to the
hospital to verify my admittance physically. Again, this is a non-standard
procedure. I have never known a White HPD employee to have to be subjected
to this type of illegal, discriminatory procedure.

23. I was incredibly taken aback/aggrieved as I was in a private hospital room and the
Hartford Police Department (HPD) inappropriately used its police authority to
intrude upon me in my hospital room when Deputy Chief Watson presented
herself, uninvited, for the purpose of verifying my presence in the hospital. DC
Watson and I are not friends.

24. I also received numerous texts and phone calls from DC Watson at the behest of
AC Medina requesting timetables regarding how long I expected to be hospitalized,
when I expected to submit a doctor’s note, when I would be returning to work, and
my personal health status, making my healing process tremendously difficult
because I believed that my employment was being threatened. I also believe that
their actions violated my HIPPA Rights. I was harassed by them for my entire
hospital stay, and even when I was discharged, they sent me information via email
and texts about my health status. DC Rendock told a union representative that this
could possibly be considered job abandonment, and DC Rendock emailed me
paperwork requesting my health status. I contacted Human Resources directly in
order to maintain my privacy, and DC Rendock sent me a letter implicating his
displeasure with my contacting HR directly.

25. I contacted the Union to protect my employee rights. I also asked for
representation, as I was gravely ill and being harassed by management as I
struggled to regain my health.

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26. The following is a summarization based on recollection of advisement from the
Union: Medina claimed he was checking on me and he did not know where I was.
The Union questioned the relevance in knowing my whereabouts just one day after
I called out. AC Medina allegedly told my union that he is management and can
assess an employee at his convenience. The Union then intervened and asked AC
Medina to please leave their member alone and allow him to rehabilitate. They
further advised him that I had followed all policies and procedures relative to an
excused absence. Upon hearing this, Medina became irate and not too long after
that, my department issued phone, office, and vehicle were taken away from me
and relinquished to a Hispanic male. In or around September or early October
2018 my vehicle, my phone and my office were given to a Hispanic Officer by the
name of Captain Dave Laureano. I consider the taking of my vehicle, my phone
and my office to be retaliation, and I consider the continued texts, emails and in
person contacts while I was in the hospital, to be a gross violation of my HIPPA
rights under State and Federal law.

27. Despite the inconvenience, since returning to work in or around August 2018, I no
longer park my vehicle on the second deck to circumvent any potential
encounter/confrontation with AC Medina. I sincerely believe he would cause me
bodily harm if the opportunity presented itself.

28. On September 2, 2018, at approximately 0124 hrs., (1:24 a.m.) I was the
headquarters commander, and there was a double homicide at 267 Hillside Ave.
AC Thody was the on-duty chief but was not answering his phone, and Deputy
Chief Buyak was on vacation leaving me no alternative, but to call Medina for
notification purposes. When attempting to relay pertinent information about the
incident I received a profanity-laced response regarding the shooting, was cut off
from giving a complete appraisal of the situation and was told "I'll get my
information from Cicero," (white male) of equal rank to me. It is also of note Cicero
was not on scene and would be receiving information from either one of the
sergeants under my direct supervision or me.

29. Medina does not speak to me in the hallways and rarely returns any greeting. I am
in no way insinuating he must like me or foster a personal relationship. His only
obligation is of a professional nature governed by the Hartford Police Department's
code of conduct.

30. Nevertheless, I find this behavior undermining especially in a paramilitary

organization because he will speak to my White counterparts or even a
subordinate cheerfully right in front of me and ignore my presence. Leaving me
behind to answer questions from subordinates as to what is wrong. I have NEVER
seen AC Medina treat ANY of his White subordinates or equals in this
disrespectful, dismissive way. He speaks to everyone except for me. This behavior
and conduct continue to this day, so I would define it as ongoing and continuous
treatment.

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31. On Tuesday, December 4, 2018, two officers were working a detail in the area of
South Whitney St. to deter a rash of shots fired in the vicinity. Subsequently, an
officer in trouble call was initiated.

32. AC Medina walked in the center of the scene before stopping at a parked cruiser.
When Medina noticed me, he sarcastically commented, how are you doing Lt.
West, good to see you. He then immediately erupted into a tantrum verbally
degrading me as he yelled in a condescending tone, LIEUTENANT DO YOU
HAVE AN UPDATE? I attempted to respond and was met with louder bellowing
LIEUTENANT DO YOU HAVE AN UPDATE? Again, I tried to answer, and now
could see AC Medina clenching his teeth, stiffening his neck, and aggressively
posturing in my direction as he continued to yell LT WEST DO YOU HAVE AN
UPDATE? Again, refusing to allow for a response as he deliberately turned his
back to me and began walking away. I then said if you let me talk, you could get
an update. Medina further demonstrated his attempt to humiliate me when he
glanced over his left shoulder snapped his finger and proceeded to point his left
index finger by his side, patting his left thigh as he yelled YOU. This insolent
conduct was given in the vein of a dog being commanded to heal by its master's
side. There is no doubt he intended to publicly humiliate me by yelling, and by
using rude, insulting or offensive language in front of several employees of a lower
rank.

33. Moments later AC Medina invaded my personal space and verbally berated me in
front of another set of subordinates. Yelling LT DID YOU WALK THROUGH THIS
CRIME SCENE, DID YOU BOTHER TO CHECK THINGS OUT, DID YOU DO A
WALKTHROUGH? I was bemused by how close he was but still electing to yell.
A further attempt to use violent abusive or profane language towards me aimed to
incite me in public view. I replied I had not walked through the crime scene. AC
Medina asked these questions to provoke me. This attempt at public humiliation
and disrespect, was another attempt to retaliate against me. His bizarre behavior
served to create a hostile work environment. I have never seen or heard AC
Medina speak to similarly situated White employees in that manner.

34. AC Medina’s treatment served to provoke and embarrass me publicly. It was not
his desire to be updated, since he afforded me no opportunity to reply. I believe
that AC Medina’s treatment of me was in retaliation for my filing the Sexual
Harassment Complaint in or around May 29, 2018, that was and still is under active
investigation.

35. HPD staff were alarmed by Medina’s demented comportment as he attempted to

engage me in a dead stare. I ignored his aggression but received numerous
warnings from others as he continued to stare at me. I am concerned for my
personal safety because of the actions of a high level HPD administrator acting in
such a manner.

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36. AC Medina singled me out and requested a chronological synopsis of my actions
on the night of the Officer Shooting, Tuesday, December 4, 2018. I assert that
he is investigating me because of his attempt to retaliate against me, and his belief
that he can treat Black male employees in any way that he chooses to. I know of
no other headquarters commander who has ever been asked to submit such a
report. AC Medina felt comfortable asking me to produce a report that no White
employee has ever been required to submit.

37. In or around August 14, 2018, I spoke with Chief Rosado regarding my returning
to work after my sickness. In that conversation, he stated that he did not know
where he was going to place me when I returned to work. I was aware that Internal
Affairs and Planning and Accreditation positions were open. I asked to be placed
in one of these positions, and the Chief stated that he had to talk to AC Medina to
see where I would be placed. In the same conversation, he told me we were
thinking about putting you back into patrol.

38. On August 15, 2018 at 4:47 a.m. DC Buyak texted me and advised me that my
new assignment was Headquarters Commander in Patrol on B-Squad, which is
second shift. I asked him to put me on midnights (so that I would not have to be
in contact with AC Medina), and when I returned to work, with in less than a week,
they had taken my car, my office and my phone. I believe this assignment to be in
retaliation for my participation in filing a sexual harassment complaint.

39. On September 19, 2018, I received a text from DC Buyak asking me to remove
my items from the office and return the key to him. I finished cleaning out the
office, and I returned the keys to DC Buyak on or about September 21, 2018. I
believe that the taking of my office was another act of retaliation based on my
assistance in filing a sexual harassment complaint.

40. In or around November 20, 2018, I submitted a memorandum expressing interest

in an "open" Vice, Intelligence, Narcotics Division Commander position at the HPD.
My application for this position was totally ignored. It is as if I had never applied
or inquired into the possibility of being promoted into this position. I believe that
this is still further retaliation, and discrimination against me based on my race and
gender.

41. On or about August 14, 2018 I requested a review of my examination results for
the Captain Promotional Exam. I requested a listing of the individual scores for
each assessor, as well as the race, gender, rank and position held in their
respective police departments. Additionally, I wanted to know if I were being
evaluated by police officers from urban or suburban police departments. This
information is important because the validity of the testing process rests on
whether the test is job related. It is the right of each participant taking the
examination to receive information relative to the testing process. I never received
a response to my first or second request for these materials.

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42. In or around August 30, 2018, I received my examination scores for the Captain
Promotional Examination. The test date was substantially delayed, and it
violated the Collective Bargaining Agreement. The Union grieved the delay of
the examination. Assistant Chief Jason Thody (White Male) was a Subject
Matter Expert for the construction of the test, and he had great influence over the
materials for the test, and the timing of the test. He was the only Captain in the
building when the new Police Chief took office. This gave him an administrative
advantage over other eligible applicants had the test been given on time. This
delay was one more issue that has prevented the City from Complying with the
Cintron v. Vaughn Consent Decree, by denying Black candidates, such as
myself, the opportunity to be promoted to the position of Captain. This violated
Public Act 15-4 as well. It also prevented me from having the opportunity of
being made a Captain.

43. On November 28, 2018 (For Background Information Only) Assistant Chief
Jason Thody demonstrated great animus towards Blacks and African-Americans.
He stated that the City Council only wanted Robert Ford and me to advance to
the position of Chief. He stated that our education didn’t mean s###t, (expletive)
and that us having Master’s Degrees doesn’t mean anything either. He also said
that “City Councilmember T.J. Clark was racist and stupid, and he held up
his cell phone, and threw it across the table, and said the City Council
would make that black phone a Chief if they could, because it’s Black.”

44. I implored the City of Hartford to have Assistant Chief Medina evaluated by a
forensic psychiatrist/psychologist to determine his fitness for duty. I also
recommend our Employee Assistance Program be made available to help him
address his racial animus, and his resultant bizarre, disrespectful and dangerous
behavior towards someone of color (Black, African-American).

45. The purpose of this CHRO Complaint of Illegal Discriminatory Action, is to lodge a
formal civil rights complaint against the Hartford Police Department. I have been
the victim of employment discrimination and disparate treatment from
individual members of the Hartford Police Department based on my race, color,
gender, national origin and disability and/or perceived disability. I have been
subjected to a hostile work environment, and I have been retaliated against by
the Respondent for opposing what I reasonably believed to be employment
discrimination and sexual harassment of another protected class member
who reported an incident of sexual harassment to me as her supervisor. It is
my firm belief this racially charged bullying and hostile work environment is based
on my race, has not only impeded my professional advancement, but has
contributed substantially to exacerbated health issues requiring weeks of
hospitalization, stress, emotional distress, fear for my life, health and safety, and
fear of loss of employment and permanent loss of my professional career
advancement opportunities.

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46. I am deeply disturbed, by Assistant Chief Medina's fixation on me as a Black man
who has been consistently snubbed, threatened and belittled by the HPD current
administration. It is not my interest nor is it my intent to engage Assistant Chief
Medina or the current administration in a diffusive fight regarding racial animus. I
simply seek equal employment opportunities, including the right to promotional
opportunities and advancement in the same way that similarly situated White
employees receive them. I am also seeking equal treatment guaranteed by the
United States Constitution, the State of Connecticut, and the City of Hartford.
These rights are guaranteed to Black employees and numerous other protected
classes under federal, state and local law. My rights are also guaranteed under
the current Consent Decree, Cintron v. Vaughn, which the City of Hartford Police
Department is currently not in compliance with.

47. I am also seeking the right to have granted to me, equal employment opportunity
without threats, bullying and fear of retaliation by any members of the Hartford
Police Department or the City of Hartford. To this end, I am asking that the State
of Connecticut Commission on Human Rights and Opportunities (CHRO), secure
my rights under Federal, State and Local employment laws, including Public Act
15-4 and the current Consent Decree Cintron v. Vaughn currently in force in the
State of Connecticut.

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 OATH

Paul J. West, being duly sworn, on oath, states that he is the Complainant herein; that

he has read the foregoing complaint and knows the content thereof; that the same is true

of his own knowledge, except as to the matter herein stated on information and belief and

that as to these matters he believes the same to be true.

Dated at____________________, Connecticut this ___________ day of January 2019.

________________________________
Paul J. West—Complainant

Subscribed and sworn to before me on this ___________ day of January 2019.

___________________________________
Notary/Commissioner of the Superior Court

My Commission Expires on _______________________

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