Tuesday, March 25, 2014

Castleton (also former Killington) police officer sues town

Rutland Herald
By Darren Marcy
Staff Writer | March 25,2014
 
CASTLETON — An officer with the Castleton Police Department has filed a lawsuit against the town.

Officer Cheri McDermott claims she was retaliated against for filing a written complaint alleging a hostile workplace because of her treatment by Town Manager Charles Jacien.

The lawsuit, filed in Rutland civil court March 20 by attorney John Paul Faignant, contains two counts: violation of Vermont’s Fair Employment Practices Act and interference with contract.

According to the lawsuit, Faignant wrote a letter on behalf of McDermott to Selectman Thomas Ettori, who was chairman of the board at the time, saying that Jacien’s behavior and treatment of McDermott had created a hostile work environment.

Jacien, contacted by phone Monday, said he couldn’t comment, but did say the complaint had been sent to Castleton’s insurance carrier, the Vermont League of Cities and Towns, for its consideration.

McDermott, contacted Monday, also said she couldn’t comment and referred questions to Faignant.

In the Oct. 16 letter, it is alleged that Jacien used “foul and vulgar” language when speaking to McDermott in private and in public. The letter also alleges Jacien made “false, libelous and slanderous” comments verbally and in writing about McDermott. The letter accuses Jacien of violating the union contract by manipulating McDermott’s personnel file by placing and removing items “at his pleasure, and without notice.”

The letter requests the town respond and require Jacien to “cease and desist from his hostile and discriminatory treatment of Officer McDermott.”

The letter also warns that Vermont law prohibits any town official from retaliating against someone for having made the complaint.

This past week, the civil suit was filed.

The complaint said that McDermott had been hired by the Killington Police Department part time, but after an article appeared in the Rutland Herald about her hire, someone with the town of Castleton contacted Killington unsolicited and “gave false and misleading information to the Town of Killington.”

After that, Killington terminated McDermott’s employment contract.

Faignant, reached Monday by phone, said that crossed a line.

“Just because somebody gets elected to a position in town government or appointed to a position in town government doesn’t mean they can start mistreating town employees,” Faignant said.

The lawsuit alleges the actions were a retaliation for filing a workers’ compensation claim and filing the complaint about the hostile work environment.

The interference with contraction portion of the lawsuit is because the town allegedly “intentionally and wrongfully interfered with Plaintiff’s contract with the Town of Killington.”

The town has 20 days to file an answer from when it was served, which was received by Town Clerk Katy Thornblade on March 20.

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