STATE OF CONNECTICUT

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

AFFIDAVIT OF ILLEGAL DISCRIMINATORY PRACTICE

1. My name is Kelly Baerga, and I reside in the State of Connecticut. As a member of

the Public Safety community, and because of the sexual nature of charges that I am
bringing relative to the violation of my civil rights, I am exercising my right to keep
my home address confidential and off of any records that the public has access
to.

2. The respondent is the City of Hartford and the Hartford Police Department, located
at 550 Main Street, Hartford, CT 06103 and 253 High Street in Hartford, CT.

3. The Respondent employs more than 15 persons.

4. In or around, June 30, 2011, I was hired by the Hartford Police Department as a Police
Officer. I graduated from the Police Academy in or around January 13, 2012, and I
became POST Certified on or around April 11, 2012.

5. I have been the victim of ongoing and continuous sexual harassment and employment
discrimination at the Hartford Police Department since around April 25, 2018 when
Sgt. Rodney sexually harassed me in the presence of Sergeant James Scott when he
attempted to “out me” by making a sexually lewd and humiliating comment to Sergeant
Scott.

6. I was the victim of ongoing sexual harassment at the hands of my immediate

supervisor, Sergeant Andrew Rodney and even though I reported the sexual
harassment in or around May 26, 2018 to the Recruitment Division Commander,
Lieutenant Paul West. Even though the City of Hartford has a zero-tolerance policy
for sexual harassment, Lt. West, was immediately transferred out of the Recruitment
Unit, and I was left in the unit alone, with the reported sexual harasser working as my
supervisor. After I reported the incidents of sexual harassment, initially, there were
only two people working in the Recruitment Unit—Sgt. Rodney, the sexual harasser,
and myself. I continued to be scheduled and required to attend training with Sgt.
Rodney until 1/19/2019. Exposure to this sexual harasser lasted for a period of
approximately nine months AFTER I reported the gross sexual harassment that I was
the victim of, to my supervisor, Lieutenant West.

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7. The ongoing and continuous incidents of sexual harassment and discrimination lasted
a full nine months from in or around April 25, 2018 to present, following my complaint
of Sexual Harassment to my Supervisor at the time, Lieutenant West, who immediately
reported it to Chief David Rosado, and Deputy Chief Medina, both orally and in writing.

8. On May 30, 2018, Lieutenant Paul West, then the Commander of the Recruitment
Division that I was assigned to, filed sexual harassment and discrimination complaints
with the HPD administration and the Hartford Human Resources Department, on my
behalf. My sexual harassment complaint was against Sergeant Andrew Rodney,
and the complaint was regarding derogatory, overt, inappropriate comments and
offensive behavior displayed by Sergeant Rodney during a recruitment event in
Bridgeport, Connecticut in or around May 26, 2018, to this date (February 14, 2019),
(approximately nine months after the filing of my sexual harassment complaint) I have
yet to be notified of the disposition of my complaint, and I have not been given any
reassuring instruction or measures to ensure my safety.

9. In that same complaint, (May 30, 2018) I stated that I no longer wanted to remain
assigned to the Recruitment Division. This request to be moved from the Recruitment
Division, was made based on fear for my personal safety after filing a sexual
harassment complaint against Sergeant Rodney. My request to move out of the
Recruitment Division, away from the sexual harasser has been ignored.

10. My request to be removed from the Recruitment Division was not only ignored (in or
around May 30, 2018), the one person who was able to protect me, Lieutenant Paul
West, was immediately removed from the Recruitment Division, as soon as he filed
my sexual harassment complaint with Chief Rosado and Deputy Chief Medina and I
was forced to continue to work with, and report to my known, reported, sexual
harasser. Once Lieutenant West was removed from Recruitment, Sergeant Rodney
and I were initially, the only two people left in the Recruitment Division.

11. Sergeant Rodney's behavior continued, and he continuously exhibited rapacious

behaviors, comments, and actions without repercussion. The Hartford Police
Department and The City of Hartford's refusal to administer swift, appropriate, and
proportional remedial action placed me in harm’s way, and contributed to my fear for
my personal safety. A severe depression, mental and physical conditions arose out of
the failure of management and administration to investigate and discipline my sexual
harasser for his degrading, disrespectful, threatening, ongoing and continuous
predatory conduct or to transfer me out of the Recruitment Division, which is what I
originally requested.

12. Sergeant Rodney, the sexual harasser, was transferred to the Recruitment Division,
following his purchasing of an unregistered assault weapon. The fact that a member

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 of the HPD, would purchase an unregistered assault weapon, and the fact that I could
possibly become the target of possible violence by an angry, out of control member of
the HPD who has possible access to unregistered assault weapons, keeps me awake
at night, and in a constant state of fear for my life, and my personal safety.

13. On two occasions (Capitol Community College & Pennsylvania Law Enforcement Job
Fair) during two separate recruitment events, Rodney nudged me to draw my attention
to a voluptuous woman walking past our recruitment table, his eyes fixated on her
body. Sergeant Rodney did not attempt to be discreet in any way, making the
encounter extremely uncomfortable. Sergeant Rodney assumed that because I am a
gay woman that I was interested in what he discerned as attractive.

14. In or around April 25, 2018, Sergeant Rodney and I had a scheduled meeting, with
CT State Police Recruiter, Sergeant James Scott. After our meeting, Sergeant Scott
suggested we get lunch; at which time Sergeant Rodney recommended a local
Jamaican restaurant in the north end. When we entered the restaurant, Sergeant
Scott and I were speaking about the menu and food.

15. I told Sergeant Scott that I was a vegetarian. Sergeant Rodney, who was not involved
in the conversation, placed his face between us and shouted, "How can she be a
vegetarian when she eats fish?" He then burst out in laughter. Embarrassed and
humiliated, I walked over to the counter and away from Sergeant Rodney. It was
apparent that Sergeant Rodney made that statement to "out me" to Sergeant Scott.

16. My immediate supervisor, Lieutenant Paul West had been in training at the Southern
Police Institute for approximately three months. Upon Lieutenant West's return, he
took Sergeant Rodney and me out for lunch. As we approached the vehicle, Rodney
rushed to the front passenger seat. Lieutenant West said to Sergeant Rodney, "You
should always offer the front seat to a lady." Bursting out in laughter, Sergeant Rodney
replied, "Kelly is not a real lady." I received this comment as, yet another homophobic,
derogatory, hateful comment made by Rodney.

17. On May 26, 2018, overwhelmed with anxiety and stressed about having to travel alone
with Sergeant Rodney to a recruitment event in Bridgeport, Connecticut; I implored
Lieutenant Paul West to accompany us to the event. I could tell that Sergeant Rodney
was annoyed that Lieutenant West accompanied us to the Bridgeport recruitment
event.

18. No matter what the subject of conversation was, Sergeant Rodney would make
comments about Lieutenant West in front of me, often comparing their physical

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 attributes, as if he was vying for my attention. Based on his continuous, competitive
and homophobic comments, I began to believe that it was his goal to "turn me," as he
has expressed on numerous occasions, that he finds lesbians useless.

19. The recruitment event conducted in Bridgeport on May 26, 2018, there were
approximately 400 participants with a good number of women in attendance. I greeted
the attendees, handed recruitment fliers out and briefly spoke about the benefits and
opportunities the HPD has to offer.

20. At the May 26, 2018 recruitment event in Bridgeport, Sergeant Rodney would zone in
on specific female participants, particularly those women who were well endowed. If
Sergeant Rodney liked the way a woman looked, he would follow her and become
more acquainted with her. He did this to several women, as he stared at them as if he
were undressing them. Those, whom Sergeant Rodney was particularly smitten with,
received a star by their name. One woman’s appearance prompted him to skim the
contact list to see if he could determine where her name was written. He then inputted
a name and number on the contact list into his cell phone.

21. As the line dwindled to a few people, I heard Sergeant Rodney refer to another
curvaceous woman as "Man, she's thick!" He then said a few other things I was either
unable to hear or tried to ignore. Attendees were starting to trickle in, as waves of
people were finishing up their run.

22. Sergeant Rodney then looked my way, by gesturing to me, nodding his head in my
direction, saying, "Too bad she doesn't want no dick!" I was horrified and humiliated
by Sergeant Rodney speaking in that manner in front of prospective candidates about
me. Lieutenant West was trying to redirect the conversation without making a scene.
Sergeant Rodney burst out in laughter and stated, "She want tit, not dick!"

23. Sergeant Rodney went on to say that he has had threesomes before. Lieutenant West
once again tried to redirect the conversation and referred to Sergeant Rodney as being
married; at which time Sergeant Rodney stated, "So what, it's fun." Sergeant Rodney
then stated, "If a man is fucking my wife, and I'm fucking his, you know what I mean,
so what."

24. He then said to Lieutenant West, "If I’m with two women, and the other woman satisfies
my wife, and my wife falls asleep, what am I supposed to do with this?" By the time I
looked up, Sergeant Rodney had his hand in front of him and positioned in a way that
insinuated he was holding an erect penis. He then stated, "I'm not waiting until the
morning to be satisfied, I would just satisfy the woman." He then grabbed his inner

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 thigh referencing he has a large penis. Disgusted by his lewd, derogatory comments,
I walked away. This is just one of the sexual conversations that took place on May
26, 2018.

25. Upset by Sergeant Rodney's comments and unable to tolerate working with someone
who had little to no value for women, I spoke with Lieutenant West about my concerns.
Lieutenant West apologized that I had been subjected to Sergeant Rodney's behavior
and commented that he was unaware that I had overheard Sergeant Rodney's
comments as he attempted to redirect the Sergeant. He also informed me that he
would be speaking to the administration and documenting our conversation, which he
did in or around May 29, 2018. Despite Lieutenant West's reporting these incidents
of sexual harassment, and written documentation of the incidents to administration, I
remained under the supervision of Sergeant Rodney.

26. Shortly after Lieutenant West reported the incidents of sexual harassment by Sergeant
Rodney, to Chief Rosado and Deputy Chief Medina, in or around May 31, 2018,
Lieutenant West was removed from the Recruitment Division, and I was left to work
with Sergeant Rodney alone and under his supervision for several more days.

27. I believe that I was retaliated against and Lieutenant West was retaliated against for
making a sexual harassment complaint against Sergeant Rodney, and as further proof
of retaliation, Lieutenant West was immediately removed from the Recruitment
Division, and I was segregated from the rest of the HPD employees and forced to work
alone in a cubicle in the chief's complex hallway.

28. Further evidence of retaliation was that my former supervisor, Lieutenant West whom
I trusted, was removed from the Recruitment Unit, immediately following my complaint
of sexual harassment, which Lt. West filed on my behalf, to Chief Rosado, and
Assistant Chief Medina. Having Lieutenant West removed as my immediate
supervisor, and having my new supervisor be the man who sexually harassed me,
made me feel as if I was now at the mercy of my sexual predator. I now knew what it
was like to be segregated within the workplace.

29. On or about May 31, 2018, at approximately 2:30 P.M, I was called into the office of
Assistant Chief, Rafael Medina. AC Medina asked me to explain the incident with
Sergeant Rodney. I became overwhelmed with emotion and began to cry. My feelings
were a culmination of the anxiety and stress from having to work under his supervision
and his predatory behavior towards other women and me. I was also taken off-guard
because I expressed to Lt. West, that I was too emotional to be interviewed and knew
Lt. West had relayed this to both Chief Rosado and AC Medina. After gaining my
composure, I eventually explained to AC Medina what occurred. AC Medina then

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 promised me that Sergeant Rodney would be immediately removed from the division,
but that he couldn't prevent entirely any contact since we are both sworn officers.

30. AC Medina then informed me that I would need to work alone until both supervisors
could be replaced. It was apparent that Lieutenant West and I had been retaliated
against for Lt. West filing a sexual harassment complaint on my behalf.

31. I left AC Medina's office in or around May 31, 2018, and returned to my cubicle, which
was in the Chief's Complex, just steps from Medina's office and side-by-side with
Sergeant Rodney's cubicle. Approximately fifteen minutes later, AC Medina exited his
office, walked by my desk and into Deputy Chief Rendock's office and closed the door
behind him. Moments later, both AC Medina and DC Rendock stopped by Sergeant
Rodney's cubicle and asked to speak to him. All three entered AC Medina's office,
while I was still present at my desk.

32. Moments later, in or around May 31, 2018, Sergeant Rodney exited AC Medina's
office, walked directly to my desk and demanded that he speak with me. The innate
fight or flight mechanism caused me to stand up from my desk. I then looked back
hoping a chief would come and provide an escort. However, AC Medina's office door
was slightly ajar, and neither chief felt that it was necessary to walk Sergeant Rodney
out to ensure my safety; as Sergeant Rodney was armed and could have done several
things that posed a hostile and dangerous work environment for me.

33. Sergeant Rodney ordered me to step outside of the Chief's Complex. I was
overwhelmed with anxiety and was terrified for my safety. I could tell that Sergeant
Rodney was angry. His body was rigid, his brow was glazed with perspiration and he
was breathing heavily.

34. As Sergeant Rodney and I breached the doorway of the Chief's Complex, he began
shouting "Kelly, you know me." "I did not mean what I said." "You could have talked
to me." When Sergeant Rodney noticed that he was attracting attention, he then
demanded we finish the conversation down the hallway. As we walked down the
hallway, we passed First Sergeant Liappes and Lieutenant Leonard and his young
daughter. As I passed First Sergeant Liappes, she stated: "smile would ya!"

35. Sergeant Rodney and I continued down the hallway beyond secured doors, where
sergeant Rodney continued to shout. If you eat fish, you are a pescatarian!!! As
Sergeant Rodney continued shouting, I could see that Lieutenant Leonard sensed
something was wrong because on occasion as he waited for his daughter to exit the
restroom; he looked back at me through the glass of the secured doors.

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36. Sergeant Rodney was positioned between the doors, and me and I felt trapped and
afraid to turn my back to him. Sergeant Rodney went on and on waving his arms,
shouting; not noticing that Detective Leopold Clarke had exited the elevator and was
walking in our direction. Detective Clarke as he looked at me asked: "Is everything
okay?" Seizing this as an opportunity to leave safely, I turned to Sergeant Rodney and
said, "I have nothing to say to you, please do not speak to me." I went back to my
desk, took my things and left for the day, without an escort.

37. On or about June 1, 2018, I came into work early. I utilized the FOB to open the
secured door of the Chiefs Complex; as I entered the front lobby area of the complex,
Sergeant Rodney who should not have access to this area, startled me and began to
walk toward me, and said, "I'm sorry." Sergeant Rodney then heard a noise and not
wanting to be seen, walks out of the complex. I then observed Deputy Chief Ford exit
the male bathroom inside the complex and walk past me.

38. Later that day, I spoke with AC Medina, in the presence of Lieutenant West and
advised Medina that Sergeant Rodney had approached me on multiple occasions
already and that "I do not feel safe." AC Medina then stated, "Sergeant Rodney was
told to stay away from you." I then proceeded to tell AC Medina that after their
conversation with Rodney, he immediately confronted me. AC Medina then stated
something contrary to what he stated just moments ago to me, "Sergeant Rodney was
never told who filed the complaint, only that a complaint was filed against him."

39. On June 1, 2018, at 1:43 P.M., I received an email from the Director of Human
Resources, Cherese Chery, requesting an interview at City hall on June 4, 2018, at 9
a.m., which I accepted.

40. On June 4, 2018, at 9 a.m. I met with the Director of Human Resources Ms. Cherese
Chery and Mrs. Jeanine Fair in the human resources conference room at City Hall.
Ms. Chery asked if I would like to read the complaint Lieutenant West wrote on my
behalf, which I declined. Ms. Chery asked me several questions regarding the incident
in Bridgeport and upon my departure asked for copies of the recruitment events
contact lists. She also informed me that she would be speaking to Sergeant Rodney
afterward and would make notification to me of disposition and her suggestions to the
agency upon completion of the investigation. I did not to hear back from Mrs. Chery
until nine months later, during other, unrelated business.

41. On June 5, 2018, at approximately 9:53 a.m., I entered the second-floor parking deck
to utilize the recruitment car. As I approached the parked vehicle, I unlocked and
opened the rear drivers' side door and observed a black handgun in plain view, laying

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 on the back seat. I was able to determine the handgun was a black, Marksman
repeater BB facsimile gun. For all practical purposes, this gun appeared to be a real
gun. It is of note the recruitment vehicle is a marked vehicle assigned to the
Recruitment Division, and only I and Sergeant Rodney had access to the cruiser.

42. I was the last person who drove the car, on June 4, 2018, at 9 a.m. to attend a meeting
with HR Director Cherese Chery. After the meeting, the car was locked and parked on
the parking deck prior to 2 p.m. After securing the weapon, I walked to the Fleet
Division and spoke to the Fleet Manager, Officer Rivera and made inquiry if Sergeant
Rodney had turned his recruitment car key in. Officer Rivera stated that Sergeant
Rodney turned his recruitment key in on June 4, 2018, at 2:30 p.m. Sergeant Rodney
and I were the only two who had keys to the recruitment car, and I believe he planted
the facsimile gun in the backseat to invoke fear in me, in retaliation for my filing a
sexual harassment complaint against him. I documented and cased the incident
under case #18-15981 and to my knowledge this was never investigated by the
Internal Affairs Division.

43. Since my filing the sexual harassment complaint, I have been subjected to attending
four training days with Sergeant Rodney, the first being on June 12, 2018. Sergeant
Rodney stared at me and positioned himself to keep me in view, laughing and carrying
on with nearby officers. His laugh made my skin crawl, and I was anxious/nauseous
at the mere sight of him. He made every attempt to make that day as uncomfortable
as possible for me. I was required to attend three additional training days with
Sergeant Rodney on 9/5/18, 12/4/18, where Sergeant Rodney followed me into the
gymnasium when I was attempting to move into an area not occupied by him. Upon
observing him entering the gymnasium, I left the area once again to move into the
auditorium.

44. At the last training, on January 18, 2019 I was forced to attend with Sergeant Rodney
was at Dunkin Donuts Park on 1/18/19. As I went to initial my name for the training, I
scanned the roster to ensure his name was not on the list; which it was not. As I went
to sit for the training, I observed Sergeant Rodney staring at me. He was seated in
the first column of seats, but then opted to stand facing my direction, where he would
have a clear view of me. I made every attempt to be seated out of his sight, but it
didn't matter, he continued to stare until I either moved from my seat or eventually got
dismissed for the day. I feel incredibly dirty every time he lasers me with his eyes, and
it feels he has peeled every fiber of my clothing off of me.

45. On January 28, 2019, Human Resources conducted a recruitment meeting with the
Career Development Commanders to include me, and the Sergeant of the Background
Division. Upon completion of the meeting, Director of Human Resources, Cherese
Chery walked out to me in the lobby and asked, "How I was doing." I was very candid

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 with Ms. Chery and informed her that Sergeant Rodney has not yet been disciplined,
my safety not ensured and that I am still attending training days with Sergeant Rodney.
Ms. Chery told me that she had suggested some solutions to the department upon
completion of her investigation and she was unsure why they had not yet rectified the
situation.

46. On January 29, 2019, Lieutenant O'Brien from Internal Affairs, called out to me as I
was leaving the Internal Affairs office on a matter unrelated to the sexual harassment
issue. I walked into Lt. O’Brien’s office and stood by the door. Lieutenant O'Brien was
sitting back in his chair, in a lounged back position. He asked if I would be around
during the week. I replied "Yes" he then said he would call me in the week to speak
with me. I looked to him to gain some further information; at which point he looked at
me and said: "Yeah, I wanna close up this Rodney thing." I was a bit surprised that
his overall attitude was very nonchalant, and unconcerned about my feelings. This
was the first time Internal Affairs had spoken with me about the sexual harassment
allegations involving Sergeant Rodney. His overall insensitivity to the circumstances
involving Sergeant Rodney upset me, and his persistence to speak with me over the
next week bordered on insensitive harassment.

47. The HPD administration has failed to adequately protect me after a sexual harassment
complaint was filed. The department's failure of the department to address safety
concerns surrounding this situation, created an extremely hostile workplace, and has
negatively impacted my work life, my personal life and my mental and physical health.

48. I am a gay, Hispanic woman who holds two roles within the department, I am both a
recruitment officer and the LGBTQ Liaison for the department.

49. Sworn police officers take an oath to serve and protect. There is a zero-tolerance
policy for sexual harassment and civil rights violations. My civil rights have been
ignored by a city and a police department that fails to protect a protected class of
individuals who continue to be marginalized and undervalued within the HPD in
general, and the City of Hartford in particular. The administration failed to intervene
despite an ongoing onslaught of sexual harassment incidents, conducted by Sergeant
Rodney. Rodney’s actions created a hostile and unsafe work environment in the HPD
for me as a woman in a male dominated profession where individuals are armed.

50. The homophobic culture of the administration has minimized a vital role within the
department as the LGBTQ Liaison by choosing to keep it from being placed on the
organizational chart until addressed by the Union President, Sergeant John Szewczyk
and me.

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 51. I believe the only reason my sexual harassment complaint was finally discussed on
Monday, January 28, 2019, was because the police department's inaction was
brought to the attention of the Human Resources Department in another complaint.

52. I also feel that the accused may be getting protection because he is a supporter of
Mayor Luke Bronin, as he was standing behind him on the steps of City Hall during
the Mayor’s re-election announcement in or around January 22, 2019.

53. The vision of the sexual harasser, Sergeant Rodney, on January 22, 2019, standing
with Mayor Bronin in a celebratory fashion at his re-election announcement, sickened
and re-victimized me, as it is ultimately the city's responsibility to protect a woman in
the workplace from sexual harassment, segregation, stereotypes, discrimination and
ostracism in the workplace based solely on their gender. The City did not protect me
from a reported sexual harasser, nor did they resolve the issues of ongoing sexual
harassment and a resultant hostile work environment. It took NINE months before
this matter was even investigate.

CONCLUSION

I therefore charge, the City of Hartford and the Hartford Police Department (HPD) with
employment discrimination and a hostile work environment, based on my race, Latino,
my gender, female, and my sexual orientation. I also charge the City of Hartford and the
HPD with failing to train their employees not to discriminate against female police officers
based on their class basis, and failure to discipline those employees who do discriminate
against female officers based on their class bases. I also charge the City of Hartford and
the HPD with failure to implement or enforce federal, state and local anti-discrimination
laws, policies and practices within the Hartford Police Department in general, and the City
of Hartford in particular. I further charge the City of Hartford with discrimination in the
employment contracting process and failure to honor a legitimate employment contract
based on the race and gender of the employee involved.

The City of Hartford and the HPD's inaction and failure to protect me from an armed
individual who has a history of purchasing at least one unlicensed assault weapon, has
caused physical health issues, including depression, weight loss, anxiety, hopelessness,
sleeplessness and constant and continued fear of retaliation, as well as fear for my
personal safety, and that of my family members and close friends. I am under the doctor’s
care for multiple conditions related to the failure of the City of Hartford and the HPD, to
protect me from a sexual harasser who continues to harass me. The City of Hartford and
the HPD have spared no additional resources to deter this kind of behavior in a known
sexual harasser. There has been no disciplinary action taken against this individual, no
staff training on how not to discriminate against protected classes, and no attempt to
comply with federal, state or local civil rights laws and a court ordered consent decree
that would serve to address the issues of disparity based on race and gender in the HPD.

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There is a pattern and practice of employment discrimination against women, Blacks and
Latinos in the HPD, and there is no plan in place to rectify any of these zero-tolerance
violations that have continuously taken place against me for more than nine months with
no resolution in sight. This failure to address these claims of sexual harassment, has
resulted in an ongoing and severely hostile work environment in a department where the
sexual harasser is armed, angry, and has engaged in threatening behavior against me.
The administration's calloused disregard for issues related to gender, race, and sexual
orientation has created extreme isolation for me, and subjected me to segregation in the
workplace, stereotyping, and public humiliation at the hands of sworn police personnel.

I am seeking relief through the State of Connecticut Human Rights and Opportunities
(CHRO) in the matters outlined in my complaint, and I am asking that CHRO secure for
me, protection of my civil and human rights under federal, state and local civil rights laws,
by retaining this complaint for full investigation.

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 OATH OF AFFIRMATION

KELLY BAERGA, affirms, that she is the Complainant herein; that she has

read the foregoing complaint and knows the content thereof; that the same

is true of her own knowledge, except as to the matters herein stated on

information and belief and that as to these matters, she believes the same

to be true.

Dated at Hartford, Connecticut this 14th day of February 2019.

__________________________
Kelly Baerga-Complainant

Subscribed and sworn to before me on this 14th day of February 2019.

________________________________________
Notary Public/Commissioner of the Superior Court

My Commission Expires_____________________

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