WESTBROOK – On the day that two interim chiefs were sworn in to lead Westbrook’s Public Safety Department during a transitional period, the city was hit with its second notice of claim alleging sexual harassment.
As with Officer Melissa May’s intent to sue, filed in late August, police Officer Sandy Mailman is charging that the department is guilty of sexual harassment, a hostile work environment, gender discrimination, retaliation and whistleblower discrimination.
The claim notice was dated Friday, Sept. 26. Mailman has 90 days to file a suit in court.
Like May, Mailman is represented by attorney Rebecca Webber. She also represented two female Westbrook firefighters, who sued the city in 2008 alleging a hostile work environment that included sexual harassment. The city punished several firefighters, and settled the lawsuits outside of court in 2010. The city also hired Michael Pardue as public safety director, overseeing both the police and fire departments.
Two weeks ago, Pardue announced his resignation from the post, stating that he intended to return to his consulting business and that the move had nothing to do with May’s claim against the department.
In a statement released Monday afternoon that matches word for word the city’s official statement from August regarding May’s claim, Mayor Colleen Hilton said she is “surprised and disappointed” to receive the notice, given the “effort being made to address her concerns and maintain a workplace free of harassment and discrimination.”
Hilton did not respond to a request for additional comments by the American Journal’s deadline Wednesday.
Mailman’s claim, which is 70 pages, attempts to shed light not only on her negative experiences in the department since 2011, but also back up details outlined in May’s claim, which listed multiple instances of officers using derogatory language to describe her.
May’s 77-page document claims that she was the victim of harassment and retaliation following a routine traffic stop in January, when she ticketed the girlfriend of a fellow officer.
Like May, Mailman says the department and city officials were slow to respond to a formal complaint of retaliation that was made on April 2, and that following the complaint, she was the target of further bullying from fellow officers.
However, Mailman also describes instances that occurred prior to this year, including instances of bullying by Sgt. Tim Morrell in 2012, and being passed over for a school resource officer job in 2013.
“He likes to belittle me in front of other officers while in the patrol room or on the police radio,” she said, referring to Morrell. “He talks down to me. I am not aware of him doing this to male officers.”
As for the school resource officer job, Mailman said the job was given to a junior officer with less experience, who had not even applied for it.
Another instance, in late 2013, describes Mailman being written up for missing an overtime shift due to an injury three months earlier. In the claim, Mailman says, “I was told by Sgt. (John) Desjardins when I did miss the shift that ‘other guys miss shifts all the time and nothing happens, relax.’ I asked at the time will I be written up for this, and Desjardins stated ‘no.’ Capt. Nugent didn’t have a reply to what I said.”
In October 2013, following months of dealing with injuries, Mailman was also targeted with an internal investigation for several violations of the city’s policies for vacation requests, abuse of sick time or “feigning illness or injury.”
“It appears they are trying to find something on me or have me just leave on my own,” she said in the claim.
In her claim, Mailman states that during a meeting with police administration and a union lawyer in December 2013, Pardue asked if she thought he or others, including Capt. Tom Roth or Capt. Michael Nugent, were harassing her.
“I became emotional thinking, ‘how do I answer this because I can’t believe this is happening to me and what will the repercussions be if I answer yes, I believe several of the administration is involved,” she said in her claim.
Nugent declined to comment on the notice of claim Wednesday.
In January, following May’s ticketing of a fellow officer’s girlfriend, Mailman describes in her claim hearing Desjardins and Officer Jeffrey Stackpole call May a derogatory name, backing up May’s basis for her claim.
Last month, following the release of May’s claim, Desjardins told the American Journal, “Unfortunately, I cannot comment on this matter at this time, but I am confident that as this situation plays out, the truth will be revealed.”
Mailman’s claim also states that during subsequent meetings this spring, both Desjardins and Stackpole lied to department administration about using the derogatory language against May. The claim also says that, in retaliation, Desjardins physically blocked Mailman from leaving the building in February.
“Total coldness from him. I had to say excuse me to get through the door, he was in my path,” she said. “No other words were exchanged.”
May joined the department in 2009. Mailman joined in 2008. Both are still on active duty.
Responding to an email asking for comment on when either of the women may file a suit, Webber declined to comment Tuesday, stating it would be “inappropriate for me to say anything at this point.”
On Monday morning, interim Police Chief Janine Roberts and interim Fire Chief Andrew Turcotte were sworn in during a short ceremony at the Public Safety building on Main Street, and both have pledged to help move the department forward from the controversy.
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