Escaped Murderers Matt and Sweat Treated Better By NYSDOCS than BLACK female Guard?

                        

On December 1, 1986, I was appointed to a Correctional Officer Trainee’s position with New York State Department of Correctional Services My starting salary was $ 18,017.00 a year. Prior to my appointment to the Correctional Officer title I had to undergo a background check and I was given physical and psychological examinations by New York State Department of Civil Service.  I passed both examinations and was deemed physically and psychologically fit to work as a Correctional Officer.

On July 5, 1996, I filed a formal complaint with New York State Department of Human Rights. I filed the complaint after experiencing and complaining of discrimination for three years to no avail at Albion Correctional Facility. 

                                         

                  

On July 8, 1996, I amended the New York State Division of Human Rights complaint to include the following allegations:  Allegation #7 is hereby amended as follows:  I informed A. Andrews, Mr. Hennenberg, G. Berbary, Lt. Lucas, Lt. Embury, and Captain J. Sherlock of Sgt. Reed’s continued pattern of treating me differently that he treats white male and female officers. Those respondent supervisors were made aware of Sgt. Reed’s actions both verbally and in writing.  The dates of the written complaints and the request to have the treatment terminated were August 26, 1995, August 30, 1995, December 3, 1995, January 7, 1996, and January 31, 1996.  In spite of my efforts to have the situation corrected, nothing was done by anyone to correct it. Allegation #8 is hereby added as follows:  Based on the foregoing I charge the respondent with an unlawful act of discrimination relating to employment because of my race, color and sex in violation of Section 296 of the New York State Human Rights Law.

In the following declaration filed in support of the Defendant's perjured summary judgment motion Jerald Goncalves states that I made numerous complaints in 1994, 1995, and 1996.

On July 26, 1996, James Berbary addressed my New York State Division of Human Rights Complaint and my depression/stress workers’ compensation claim in a memorandum to Jerry Goncalves.

On August 5, 1996, my psychiatrist examined me. At the end of my appointment he gave me a doctor’s note that cleared me to return to work the next day without any restrictions or limitations. 
                                          

                    
On August 6, 1996, a month after I filed my complaint with New York State Division of Human Rights, I returned to work at Albion. I was dressed in full uniform and I was willing and able to work. I looked good and I felt great.

I had been absent from work for seven months because of work related stress, anxiety, and depression. According to my psychiatrist my emotional illness was caused by Sergeant Reed's continued discrimination and his supervisor's failure to take action to end the discrimination.  I was out of work without pay. 

I felt much better and was excited to be back at work. Based on my psychiatrist determination and the paperwork he completed I filed a stress, anxiety, depression worker's compensation claim. The claim was opened and still pending when I returned to work on August 6, 1996. 


                                     

After I signed the front gate logbook the Front Gate officer buzzed the gate open and I walked to the Administration Building of the prison. I reported to the chart office and submitted my cleared to return to work note from my doctor to the Chart Sergeant. After leaving the chart office I walked to the key room and got my equipment for my bid post of yard recreation.

The equipment included a two-way radio and keys. At 6:45 a.m. I went downstairs for line-up. Immediately after line-up the Chart Sergeant informed me that I had to talk to Shirley Abron in personnel before going to my bid assignment. Abron is an African-American female. I went to her office and she informed me it was possible that I would have to undergo an Employee Health Service examination before I would be allowed to work.

She also told me that Berbary in is official capacity, as Deputy Superintendent of Administration would make the determination if the Employee Health Service examination would be necessary. Shirley instructed me to wait for Deputy Berbary in the civilian break room, which was also located on the second floor down the hall from her office.

While I was waiting for Berbary the Chart Sergeant contacted me by radio and told me that a resource officer was coming to the break room to get the equipment for my Yard Recreation assignment. Shortly after the radio transmission an officer reported to the break room and I gave him my equipment.

At 8:25 a.m. J. Berbary signed the Watch Commander’s logbook and that Sgt. Fasano was on duty as the Administration Building supervisor. At approximately 8:30 a.m. Deputy Berbary came to the break room and instructed me to come to Shirley’s office. In the presence of Shirley Berbary he informed me that in accordance with Section 21.3 of the Civil Service rules that I would have to submit to an Employee Health Service examination. He continued by stating “We are requiring that you be examined by a state doctor before you are allowed to return to work.”

I was very calm after hearing Berbary decision that I would have to be examined by an Employee Health Service physician. I knew that Berbary was acting within his official capacity when he decided that I had to undergo an employee health service examination. I knew this fact because of my experience working in Inmate Grievance Program title at Albion for two and a half years.

As Supervisor of Inmate Grievance Program I was responsible for ensuring that Albion staff including Superintendent Andrews and Deputy Berbary were in compliance with the mandates of correction law and New York State departmental directives. I knew that if a directive or policy stated someone “may” take an action that it was solely up to that person discretion to require that action.

Additionally, Berbary’s decision didn’t cause me any concerns because on May 30, 1995, I was sent home after I returned to Albion from a documented worker related injury.   During the May 30, 1995, incident I also had a doctor’s note that stated that I was cleared to work without any restrictions or limitations.

I thanked Berbary and asked S. Abrons for a copy of the new Council 82 union handbook.  The new security contract was passed and new handbooks issued to union employees during my January 16, 1996 to August 6, 1996, absence from work.

Shirley opened the bottom draw of her desk and attempted to hand me the union handbook. Deputy Berbary grabbed the book from Shirley’s hand and stated” All employees had to get the book from their union.  He told me that he would have C.O. Frost get a handbook for me.

I was surprised when he took the book out of Shirley hand.  Shirley as the Principle Clerk Personnel at Albion had to know the rules for passing out contract books. While waiting for C.O. Frost to bring the union handbook to me, Shirley Abrons and I talked about church and God.

During the time that I was waiting for the handbook Shirley received a telephone call and stated, “Yes she is here.”  I thought that someone was calling her office to speak to me but she didn’t pass the phone to me.

As I sat in Shirley’s office at approximately 8:35 a.m. Correctional Officer Frost who was the Vice President of the local union at Albion came to the office. Frost and other correctional officers at Albion and other NYSDOCS facilities were elected by their fellow officers to serve as officers of the local Counsel 82 union.

Frost gave me a copy of the new union handbook. After I received the handbook from Frost I stood up to leave Shirley’s office. It was at that time that I noticed Sergeant Fasano had entered the doorway.  Fasano informed me that he and Frost had been ordered to escort me out of the facility.

At approximately 8:35 am in shock, disgrace, and bewilderment Frost and Sergeant Fasano escorted me from the Personnel office, downstairs through the administration lobby, and out the front gate of the prison. Shirley Abrons, Correctional Officer Kathy Wilson, the front gate officers, and other Albion employees witnessed this act of humiliation and retaliation.

Officers or any prison staff being escorted out of a New York State correctional facility is a rare event. New York State Department of Correctional Service’s officers are only escorted out of a prison facility by an “officer” of one’s union and a correctional supervisor when that officer is being severely disciplined, suspended, terminated, had sex or an inappropriate relationship with an inmate, and/or charge with the commission of a crime. This fact was confirmed by Sergeant Adamson when I deposed her.

       

             

       
In a January 21, 1997 decision the Worker's Compensation denied my stress claim.  The claim was denied because Albion Correctional Facility disputed the claim and refused to pay it. Additionally, the claim was denied based in part because of the testimony of Deputy Superintendent of  Security Stevens.

                               

                                                               

On March 6, 1997, J. G. Berbary responded to the New York State Division of Human Rights amendment complaint by writing a memorandum to Gerald Goncalves. Berbary doesn't mention the fact that he also ordered Sergeant Fasano and Council 82 Vice President Frost to Escort me out of the prison on August 6, 1996. The reason that he  didn't is  because there wasn't any non-discriminaory or non-retaliatory reason for an officer supervisor (Sergeant) and a union official to escort an  officer out of a New York State prison in 1996. 

On August 6, 1996, I was escorted out Albion prison like an INMATE in retaliation for filing a New York State Division of Human Rights Complaint on July 5, 1996.

         

               VICE PRESIDENT OFFICER FROST EXPLANATION FOR 8/6/96 ESCORT

On March 20, 1997, New York State Division of Human Rights,Julia Day, held a pre-arranged telephone conference requested in her February 25, 1997, letter to Goncalves. In her report she wrote present for the respondent were Goncalves, Deputy Superintendent James Berbary, and Correctional Officer and Council 82 Vice President C. Frost.  

My only crime on August 6, 1996, was the fact that I was Black and had filed a formal complaint alleging discrimination on July 5, 1996. Berbary knew that I had filed a formal complaint with New York State Division of Human Rights.

His retaliatory order occurred eleven days after he wrote a July 26, 1996, memorandum to Gerald Goncalves responding to my Human Rights complaint titled “Vera Richardson.” Additionally, Berbary’s retaliatory order occurred  thirty-three days after I filed my complaint with New York State Division of Human Rights.

It is not necessary to prove employment discrimination in order to win a Title VII Civil Rights Act of 1964, retaliation employment claim. A victim just has to show that they were engaged in protective activity, that their employer was aware of that activity; and that they experience an adverse employment action close to the date of protective activity.

                      Spitzer Perjured Declaration Explanation for August 6, 1996, Escort

        

       BERBARY REPLY DECLARATION "AUGUST 6, 1996 ESCORT ORDER

                 

                    BERBARY DEPOSITION CONTRADICTS HIS DECLARATION

Berbary declaration in support of the Defendant’s motion for summary judgment at number 5 he stated: “As such I directed that Craig Frost, her union representative, be contacted as that he could escort her from the facility.” Deputy Berbary lied in either his sworn declaration or during his deposition because his deposition contradicts his sworn declaration. 

During his deposition I questioned him in reference to his order to have me escorted out of Albion CF on August 6, 1996. In his October 7, 1998, deposition he stated that he requested a union representative to escort me our but that he didn’t specifically request that Frost be contacted to escort me out of the facility. He also testified that he did not order Frost and/or Sgt. Fasano to escort be out of the facility.

   

                   SHIRLEY ABRONS CONFIRMS SERGEANT FASANO'S                                                                   INVOLVEMENT IN ESCORT

My factual claim that Vice President of local Council 82 Vice President C. Frost and Sgt. Fasano escorted me out of Albion is evidentiary supported by the sworn depositional testimony of Shirley Abrons and me.

             

       

         

After being escorted out of the prison I was destroyed emotionally and physically. I felt depressed and hopeless as I drove back home to Rochester in tears.

I could not wrap my mind around the fact that a correctional staff person stole my badge and identification card, Albion supervisors not replace those items especially the identification card although the ID cards are made and replaced by Albion CF Personnel office, and that Berbary ordered Sergeant Fasano and Officer and Council 82 Union Vice President escorted me out of Albion on the first day that I returned to work after being away for seven months suffering from work-related depression and anxiety.

After I was escorted out of Albion on August 6, 1996, I experienced severe back pain. I made an appointment with my personal doctor for physical pain. During my August 26, 1996, appointment my physician determined that I was totally disabled from the three previous physical worker’s compensation injuries which occurred within an eighteen month period.

On August 27, 1996, I received a certified letter from Lee Gould, Director of Personnel.  Gould’s letter stated in part” In accordance with Section 21.3 of the Civil Service rules, a medical examination has been scheduled for you on August 28, 1996, and your psychological examination is scheduled for September 16, 1996.

On August 28, 1996, I reported as ordered to a physical examination by an Employee Health Service physician.  Dr. Raghavan examined me and submitted her medical report to Dr. Ciulla. 

On September 16, 1996, approximately two weeks after my examination by the state consultant Dr. U. Raghavan, a state hired psychiatrist – Dr. Klein, examined me.   After my examination, Dr. Klein also addressed his written report to Dr. Ciulla.  The report listed the Employee Health Service as the referring agency. 

On September 30, 1996, Dr. Richard Ciulla, Medical Director confidential letter which was addressed to Mary Beth Lindsay, Senior Personnel Administrator was received in her office.  The letter in stated in part:  “Based on my review of those evaluations, Ms. Richardson is unable to perform the full duties of a Correction Officer at the present time.  I recommend a reevaluation in 2 months.

On October 3, 1996, I received a phone call from Mary Beth Lindsay. She informed me that based on my previous physical and psychological exams that I had been found unfit to perform the full duties of a Correctional Officer. She also told me the Employee Health Services had scheduled me for another physical examination and that the examination was scheduled for October 5, 1996, in Syracuse, New York

I informed Ms. Lindsay that I had mailed a request for the result of the previous examinations to her on October 1, 1996, and that I would not attend another examination until I received and reviewed those results. Lindsay stated that she hadn’t received my letter.

She promised to mail the medical reports to me via overnight mail if I would sign and fax an authorization form back to her. I agreed and Lindsay faxed me a New York State Department of Civil Service Employee Health Services Authorization for Release and Disclosure of Medical Information form. She marked several areas with *** to indicate areas that I needed to complete on the form. That same day I completed the form and faxed it with a cover sheet to Ms. Lindsay to (518) 485-1995. The cover sheet and the signed Release and Disclosure of Medical Information form was dated stamped received by Employee Health Services on October 3, 1996.

The next day October 4, 1996, I receive copies of Dr. Raghavan and Dr. Klein's medical reports. Dr. Usha Raghavan’s medical report, which was address to Dr. Ciulla stated in part:  “Vera Richardson has history of injury to her back and both shoulders in October 1994.  She injured herself by restraining an inmate when she was at the Albion CF. She has had multiple investigations including x-rays and MRI scan and has had a neurosurgical consultation. She appears to have difficulty getting on and off the exam table.  She has history of anxiety and depression.  She was tearful during the interview. IMPRESSION:  After examining her today I feel that Vera Richardson is not capable of performing the full duties of the position according to the job description.  She should be seen by an orthopedic surgeon to evaluate her low back pain and shoulder pain as there appears to be limited range of motion at these areas, though there is no evidence of atrophy.     Signed Dr. U. Raghavan

Dr. Klein, medical report confirms the fact that Berbary's order to have me escorted out of Albion Correctional Facility casused a recurrence of  major depression and  anxiety.

After I read the medical reports and Dr. Ciulla letter I was alarmed. Ciulla recommended that I be examined in two months. Therefore, November 27, 1996, should have been the earliest date that I should have been re-examined. I telephoned Lindsay and told her that I wasn’t going to attend the October 5, 1996, examination.

   

I viewed New York State Department of Civil Services and Lindsay’s actions as continued hostile work environment behavior, discrimination and retaliation. I also believed that Lindsay was involved in a conspiracy with Albion staff to terminate me.

My belief was based on the facts that Lindsay telephoned me and ordered me to report to an October 5, 1996, medical examination in Syracuse eight days from the September 27, 1996, date of Dr. Ciulla letter stating that he recommends a re-evaluation in two months.  

             TIME FOR GOVERNOR CUOMO to MAKE ME WHOLE

The Supreme Court in Albermale identified two distinct congressional purposes of Title VII. One of those purposes was “to make persons whole for injustices suffered on account of unlawful employment discrimination.” Albermale Paper Co. v Moody, 422 U.S. 418 (1975). 

South Carolina and Alabama governors have called for and/or removed the Confederate flag to correct decades Democrats Senators Chuck Schumer, Kirsten Gillbrand, and 2016 presidental candidate Hillary Clinton can and should request that New York Governor Cuomo make me whole.

As Governor Cuomo should address, investigate, and use an Executive Order if necessary to award me entitled disability retirements benefits. Cuomo can use an executive order or support a bill that will give me entitled disability benefits from the date of my original application.

Other ways that  Governor Cuomo can make me whole from Spitzer's actions: State of New York can pay me back salary for the retaliatory failure of Albion CF staff to interview and/or reinstate me to the July 19, 1996, position of Supervisor of Inmate Grievance Program at Albion CF, and/or paying me the $3,000,000 that I demanded in my Title VII Civil Right Act of 1964 amended lawsuit.

Vera Richardson

Download my $2.99 book  Screwed by Former Governor and Attorney General Eliot Spitzer . This blog entry and my book are perfect tools to have fact based national race conversation. Additionally, you can click on the link and the extended preview to read two perjured declarations of Eliot Spitzer and Jerald Goncalves and the direct evidence that proves it.   

My Video: I was There When President Obama Celebrates Martin Luther King’s Life and Death

It was an honor and a great pleasure for me to be a part of the remarkable audience of like minded supporters of President Obama and Dr. King an their vision of equality and justice for all Americans. President Obama reminded this nation and the world that change didn’t come easy for Dr. King. In fact 50 years after Kings historic Civil Rights Match his work still isn’t done i.e. the top one percent in America controls forty percent of America’s wealth.


Vera Richardson
Author of “Screwed by Former New York Governor and Attorney General Eliot Spitzer”

Officer Green's Racial Experience at NYS Albion Correctional Facility

Picture of me in New York State Department of Correctional Services uniform

Several African-Americans at Albion CF experienced and complained of racial and sexual employment discrimination. One of the African-Americans females who experienced discrimination at Albion CF was Correctional Officer Debbie Green. Debbie’s story: “Officer Green was original from the South. She transferred to Albion CF after her husband retired from the New York City Transit Authority. She moved to Albion, New York in order to live out her dream of living in a rural area.

Green told me in my capacity as her real estate agent that she wanted to purchase a house that had a wood stove and a large yard in Orleans County.  Her dream included planting a garden in her own backyard. I showed Green several houses in an effort to find one to fulfill her dream.

Officer Green was an older seasoned officer who had more seniority that most of the officers working at Albion. If my memory serves me correctly Green had been employed with NYSDOCS for sixteen years when she arrived at Albion.

Green gave one hundred percent to any and all job assignments. She worked as a resource officer because she was not eligible to bid for a permanent job assignment. The Collective Bargaining Agreement between Counsel 82 Union and NYSDOCS required that officers had to be at a facility for a certain number of days in order to bid on a job assignment.

All bids were awarded based on seniority in the New York State Department of Corrections. If a bid required a particular sex of an officer that bid would be awarded based on seniority of the required sex.

The Medical Transportation A Team bid was a highly desired assignment at Albion CF. Officers wanted the A transportation bid because it was one of the few job assignments were the officers worked Monday thru Friday and had weekends off.

After waiting the required time period per the union contract Officer Green submitted a bid for the Medical Transportation A Team. Based on sixteen years of seniority Green was awarded the female designated bid of the Medical Transportation A Team.

Officer Green like many officers at Albion worked swaps with other officers in order to have additional days off. One day Officer Green was working the 3:00 to 11:00 p.m. shift on a swap. I don’t remember the exact events that took place but I do know that Green faced serious disciplinary charges after her encounter with a white male sergeant that she classified as a racist.

Council 82 union represented Officer Green during the disciplinary hearing(s). Green told me that she lost the first hearing because the sergeant involved in her incident lied during the hearing.

Albion staff offered to settle her case by giving Green a formal counseling. She refused the formal counseling offer because she had never been informally or formally counseled during her entire employment with NYSDOCS. She also refused to accept the formal counseling offer because she said she had not done anything wrong.

Debbie Green appealed her case all the way to arbitration. It was a very cold day in December when the arbitrator’s decision was received at Albion CF. Green lost her appeal during the arbitration process. She was suspended for thirty day without pay and fined $1,500.00.

On that cold December day Officer Debbie Green was escorted to the front gate and put out of the prison by a security supervisor and a local Council 82 official. Green left the facility crying as she walked to her apartment in the snow. One of the black officers who witnessed Green being escorted out of the prison told me that Green refused Albion’s staff offer to call her husband for a ride back home. (Her husband had dropped her off at 6:45 a.m.) Green later told me that she cried because she felt defeated and deeply wronged by Albion’s supervisory staff.

For the first time that I could remember the fifty-five black officers at Albion were finally fed-up and outraged. They voiced their concern that Green’s ordeal was racial motivated and that if this could happen to Officer D. Green it could happen to any of us.

Many of the black correction officers at Albion telephoned each other at work and decided that as a group we would pay the $1,500.00 fine for Officer D. Green. I was one of four or five black officers who volunteered to collect twenty-five dollar from each black officer at Albion CF in order to pay Officer Green’s fine.

January 7, 1996, my peace officer's badge and NYSDOCS ID card was stolen at Albion CF.  After trying unsuccessfully for several days to get my departmental items replaced my doctor determined that I was once again disabled from work-related anxiety and depression. (I had missed three weeks of work because of the same illness after a August 26, 1995, hostile work environment experience with Sergeant Reed).

While I was out of work due to work related depression I was notified that black officers had called the local National Association for the Advancement of Colored People in Orleans County.

On March 9, 1996, Gwendolyn Wiley, President local National Association for the Advancement of Colored People (NAACP) in Orleans County met with Black correctional officers. The meeting was held after the officers requested the meeting to discuss racial discrimination at Albion CF. At the officers’ request the meeting was held secretly at a local church in Albion.

Due to the nature of shift work approximately 20 black officers attended the meeting. Officer Debbie Green and I were two of the 20 black officers present. In an effort to disguise the true nature of our group and because of the fear of retaliation by Albion supervisors we called ourselves “the Focus Group.”

We heard story after story of discrimination and disparate treatment of black staff at Albion CF. Many of the officers felt that incidents of racial discrimination had increased after Superintendent Andrews (a black female) was assigned to Albion.

During the meeting Green thanked us for giving her the $1,500 to pay her fine. She told us that she tried unsuccessfully to get a private attorney to appeal the decision of the arbitration board. After her experience she transferred out of Albion CF and returned to a New York State correctional facility in downstate New York. Due to discrimination at Albion Correctional Facility Green was suspended without pay, fined $1,5000, and abandoned her dreams of buying a home in Orleans County, living in a rural setting, and having a garden.
                   NYS DIVISION OF HUMAN RIGHTS FLAWED INVESTIGATION

The Final Investigation Report of  Julia Day of the New York State Division of Human Rights contains a summary of her interview with the two African-Americans female officers at Albion CF. Day conducted the interviews while she was investigating my formal complaint of employment discrimination with that agency. Although both of the officers confirmed the fact that females were treated differently than male officers at Albion Day didn't interview additional female or African-American male officers at the prison.

On May 12, 1997, Day determined that there was no probable cause to support the allegations in my complaint. On November 17, 2000, Eliot Spitzer filed Julia Day's declaration signed on November 15, 2000, in support of the Defendants New York State Departments of Correctional and Civil Services summary judgment motion.

                                         Pages 65-67 of Albion CF Superintendent Andrews Deposition

The  March 19, 1996, minutes from our meeting with the local NAACP shows that the Focus Group agreed to meet again. I don’t know if the Group met again because I wasn’t notified of another meeting. 

From  pages 118, 119, 152,  240-243, of my book Screwed by Former Governor and Attorney General Eliot Spitzer click link to preview and/or buy the book to start a REAL employment discrimination discussion in America.
Vera Richardson