(June 16, 2016) In letters investigating the claims of former Pocomoke City Police Chief Kelvin Sewell and officers Lynell Green and Franklin Savage, the director of the Baltimore Office of the Equal Employment Opportunity Commission, Rosemarie Rhodes, found “reasonable cause that unlawful employment practices” occurred.
The EEOC letters, dated April 29 but made public at the beginning of the month, offered a conciliation meeting between the parties on May 19 in the Baltimore field office. However, according to City Attorney/City Manager Ernie Crofoot, it was the advice of the town’s outside counsel, Daniel Karp, to not attend the meeting.
Dennis Corkery, senior staff attorney at the Washington Lawyer’s Committee and involved with the investigation on the claimant’s side — Sewell, Savage and Green — separately confirmed the meeting did not occur.
“If Respondent,” which Pocomoke city and its police department are listed as in the letter, “fails to engage in conciliation, or if the Commission determines … conciliation has failed, the Director will inform the parties and advise them of the court enforcement alternatives,” the letter reads.
Corkery said the decision could take a few more weeks.
This action is separate, but related to, the ongoing case in district court filed by Sewell, Savage and Green in January that alleges widespread discriminatory practices by Pocomoke City, its police department, the Worcester County State’s Attorney’s office and a host of others. The lawsuit is ongoing, but the results of this investigation could eventually affect the case.
The former police chief had determinations issued on three EEOC charges, while Green and Savage each had one. Sewell had two identical claims against the town and the police department, and another against the police department. Savage and Green’s claims are limited to the police department.
Sewell’s claims allege he was discharged in retaliation for protected activity and because of his race. The town and police department denied these claims for two reasons.
First, both the town and police department deny the allegations and maintain the majority of the mayor and council lost confidence in the way Sewell managed the department, how he worked with other jurisdictions and maintained the loyalty of his officers.
Second, the respondents claimed Sewell believed he and those he supervised were insulated from “proper supervision and appropriate discipline.”
According to the EEOC, evidence obtained during the investigation showed Sewell had been asked repeatedly “to fire a subordinate who had engaged in protected activity” and Sewell refused to take this action because of his belief it was discriminatory.
Finally, on June 26, 2015, the letter states, Sewell refused to discharge the subordinate in question, and on June 29, 2015 Sewell was fired.
“Based on this analysis, I have determined that there is reasonable cause to believe that the charging party was discharged in retaliation for protected activity,” Rhodes’ letter reads.
Sewell’s next claim was that he was denied equal benefits, subjected to unequal terms and conditions of employment and harassed in retaliation for protected activity and his race.
Rhodes’ decision revealed Sewell was subjected to repeated requests and orders to take actions against subordinates who had previously engaged in protected activity, Sewell opposed those actions and took them only under protest and the requests were “pervasive” enough to constitute harassment in retaliation for protected activity.
Green claims he was subjected to unequal wages because of his race, harassment and unequal terms and conditions of employment because of his race and engagement in protected activity.
Rhodes found, based on the evidence presented, Green was subjected to increased scrutiny by officials, “including Russell Blake and Bruce Morrison, and harassed and ostracized after taking part in protected activity in support of a subordinate.”
Blake is the former city manager of Pocomoke and Morrison is currently the mayor.
Rhodes said in the letter she had determined there was reasonable cause to believe Green was subjected to harassment in retaliation for protected activity.
Savage’s claim alleges he was subjected to harassment, unequal terms and conditions of employment, demotion and discharge because of his race and in retaliation for protected activity.
“Evidence obtained during the investigation revealed that, after charging party had made allegations of discrimination, Russell Blake, city manager, attempted to subject charging party to psychological and polygraph examinations and repeatedly attempted to influence [Sewell] to take adverse actions against him,” the letter reads.
Rhodes’ letter stated Savage was removed as a detective in February 2015 and his overtime hours were cut. In September 2015, Savage received a notice of interrogation for violation of the police department’s code of ethics “directly relating to charging party’s prior allegations of discrimination,” Rhodes’ letter states.
“The record revealed,” the letter continues, “that [Savage] was discharged based on the Worcester County State’s Attorney’s refusal to use charging party’s testimony in court, which the [police department] had reason to believe was in retaliation for charging party’s prior protected activity.”
Crofoot said he was only personally involved in firing Savage, and was based on Savage’s inability to perform all the necessary functions of a Pocomoke City police officer.
“Savage was terminated by me for no reason other than he was unable to testify,” Crofoot said. “This was a finding of reasonable cause, not an ultimate determination. The process continues — we’re not at the consequential stage.”
Mayor Bruce Morrison and State’s Attorney Beau Oglesby did not return requests for comment.
The EEOC letters, dated April 29 but made public at the beginning of the month, offered a conciliation meeting between the parties on May 19 in the Baltimore field office. However, according to City Attorney/City Manager Ernie Crofoot, it was the advice of the town’s outside counsel, Daniel Karp, to not attend the meeting.
Dennis Corkery, senior staff attorney at the Washington Lawyer’s Committee and involved with the investigation on the claimant’s side — Sewell, Savage and Green — separately confirmed the meeting did not occur.
“If Respondent,” which Pocomoke city and its police department are listed as in the letter, “fails to engage in conciliation, or if the Commission determines … conciliation has failed, the Director will inform the parties and advise them of the court enforcement alternatives,” the letter reads.
Corkery said the decision could take a few more weeks.
This action is separate, but related to, the ongoing case in district court filed by Sewell, Savage and Green in January that alleges widespread discriminatory practices by Pocomoke City, its police department, the Worcester County State’s Attorney’s office and a host of others. The lawsuit is ongoing, but the results of this investigation could eventually affect the case.
The former police chief had determinations issued on three EEOC charges, while Green and Savage each had one. Sewell had two identical claims against the town and the police department, and another against the police department. Savage and Green’s claims are limited to the police department.
Sewell’s claims allege he was discharged in retaliation for protected activity and because of his race. The town and police department denied these claims for two reasons.
First, both the town and police department deny the allegations and maintain the majority of the mayor and council lost confidence in the way Sewell managed the department, how he worked with other jurisdictions and maintained the loyalty of his officers.
Second, the respondents claimed Sewell believed he and those he supervised were insulated from “proper supervision and appropriate discipline.”
According to the EEOC, evidence obtained during the investigation showed Sewell had been asked repeatedly “to fire a subordinate who had engaged in protected activity” and Sewell refused to take this action because of his belief it was discriminatory.
Finally, on June 26, 2015, the letter states, Sewell refused to discharge the subordinate in question, and on June 29, 2015 Sewell was fired.
“Based on this analysis, I have determined that there is reasonable cause to believe that the charging party was discharged in retaliation for protected activity,” Rhodes’ letter reads.
Sewell’s next claim was that he was denied equal benefits, subjected to unequal terms and conditions of employment and harassed in retaliation for protected activity and his race.
Rhodes’ decision revealed Sewell was subjected to repeated requests and orders to take actions against subordinates who had previously engaged in protected activity, Sewell opposed those actions and took them only under protest and the requests were “pervasive” enough to constitute harassment in retaliation for protected activity.
Green claims he was subjected to unequal wages because of his race, harassment and unequal terms and conditions of employment because of his race and engagement in protected activity.
Rhodes found, based on the evidence presented, Green was subjected to increased scrutiny by officials, “including Russell Blake and Bruce Morrison, and harassed and ostracized after taking part in protected activity in support of a subordinate.”
Blake is the former city manager of Pocomoke and Morrison is currently the mayor.
Rhodes said in the letter she had determined there was reasonable cause to believe Green was subjected to harassment in retaliation for protected activity.
Savage’s claim alleges he was subjected to harassment, unequal terms and conditions of employment, demotion and discharge because of his race and in retaliation for protected activity.
“Evidence obtained during the investigation revealed that, after charging party had made allegations of discrimination, Russell Blake, city manager, attempted to subject charging party to psychological and polygraph examinations and repeatedly attempted to influence [Sewell] to take adverse actions against him,” the letter reads.
Rhodes’ letter stated Savage was removed as a detective in February 2015 and his overtime hours were cut. In September 2015, Savage received a notice of interrogation for violation of the police department’s code of ethics “directly relating to charging party’s prior allegations of discrimination,” Rhodes’ letter states.
“The record revealed,” the letter continues, “that [Savage] was discharged based on the Worcester County State’s Attorney’s refusal to use charging party’s testimony in court, which the [police department] had reason to believe was in retaliation for charging party’s prior protected activity.”
Crofoot said he was only personally involved in firing Savage, and was based on Savage’s inability to perform all the necessary functions of a Pocomoke City police officer.
“Savage was terminated by me for no reason other than he was unable to testify,” Crofoot said. “This was a finding of reasonable cause, not an ultimate determination. The process continues — we’re not at the consequential stage.”
Mayor Bruce Morrison and State’s Attorney Beau Oglesby did not return requests for comment.