Tisbury officer files MCAD charge
The Massachusetts Commission Against Discrimination (MCAD) last week notified the town of Tisbury and the Tisbury Police department that it has begun an investigation into a complaint of sexual discrimination, harassment, and retaliation filed by Tisbury Police Officer Kelly R. Kershaw.
Barbara Green, assistant to MCAD chairman Malcolm S. Medley, told The Martha's Vineyard Times that copies of Officer Kershaw's complaint, dated April 7, were served to the town of Tisbury, the Tisbury Police Department, and Sergeant Timothy Stobie, who is named in the complaint.
This week selectmen confirmed that the case has been referred to the town's lawyer.
In her two-page complaint, Ms. Kershaw, a full-time police officer hired in August 2004, accuses Sergeant Stobie of sexual harassment. In addition, she claims that she was subjected to a pattern of harassment and work actions not applied to male officers.
Ms. Kershaw alleges that Chief John Cashin and town administrator John Bugbee ignored requests to address her complaints and attempted to force her to quit her job.
As a next step in the MCAD process, Ms. Green said an investigator would review evidence and gather information. Although MCAD's goal is to resolve cases within 18 months, it depends on the complexities involved, she said.
"Sometimes complainants don't want to wait that long," Ms. Green added. "At any time a complainant can remove a case from our agency and engage a lawyer and take it to court. Sometimes that happens, and before we reach the stage where a case is adjudicated from our agency, the case is settled."
This week all parties involved in the complaint would say little.
"I can confirm it is true: I did file a complaint with MCAD, but I can't say anything right now, because at this point, it is under investigation," Officer Kershaw said in a phone call last Friday.
Police Chief John Cashin said he forwarded the copy of the MCAD complaint he received on April 28 to Mr. Bugbee, who oversees all municipal employees. In a phone call Tuesday, Chief Cashin said he had no comment about the complaint because it is under investigation and will be handled through the town's human resources personnel and legal counsel.
Mr. Bugbee was out of the country on vacation this week and unavailable for comment.
Sgt. Stobie was also on vacation and could not be reached. He has served as a full-time Tisbury police officer since 1989. In June 2006 he was appointed acting chief of police by the selectmen after former Chief Ted Saulnier retired, following several months of failed contract negotiations. Sergeant Stobie served as acting chief until September, when Chief Cashin assumed his new duties.
Tisbury's selectmen act as police commissioners for the town, with responsibility for policing policy. Selectman Tristan Israel said on Tuesday that although he was aware of the MCAD complaint, he did not know all of its details. He added that he was not prepared to say anything because the selectmen have not yet discussed the issue as a board since the election of Geoghan Coogan on April 28.
"We will have a statement, and that will be coming quickly - that I can assure you," said Mr. Israel, who was elected chairman Tuesday night.
"The process has started, and I believe the first part is the case has been assigned to an attorney with the town's insurance carrier. Town counsel has been notified, as well," selectman Jeffrey Kristal said yesterday.
The police department follows the town's personnel policies regarding sexual discrimination and harassment, Chief Cashin said. According to Officer Michael Gately, who heads the Tisbury Police Union that represents sergeants and patrol officers, the town's personnel policies are attached as an appendix to the union contract.
In addressing a union member's perceived violation of the union contract, Mr. Gately said he advises talking to the police chief as the first step. Ms. Kershaw's complaint, however, did not fall under union contract issues but rather under personnel issues for town employees, Mr. Gately said.
The procedure for how the town handles those issues is separate from union procedures. However, in attending meetings between Tisbury officials and Ms. Kershaw, in his capacity as a union steward, Mr. Gately said there did appear to be some procedural missteps in the town process.
Mr. Gately did not comment on the specifics of incidents reported by Officer Kershaw. "All I know is a complaint has been filed, and there's an investigation," he said.
According to MCAD's website, a charge of discrimination must be filed in person at the MCAD offices in Boston. After receiving a copy of the complaint, the respondents must provide a statement outlining their position. At some point there will be an attempt to arrive at a settlement. If a resolution is not reached, the investigator continues to gather information.
The investigation concludes with a determination of probable cause that discrimination did occur, or the matter is dismissed. If probable cause is found, new efforts would be attempted to resolve the dispute between the complainant and the respondents.
If no resolution is reached, the case goes to a public hearing. If MCAD finds in favor of the complainant, remedies ordered by MCAD may include awards of back pay and emotional distress damages. In employment cases, MCAD has the authority to assess reasonable attorney fees and costs.
Ms. Kershaw joined Tisbury's police department as a traffic officer in the summer of 2002. She paid her own way to the police academy. After graduating from the academy in March 2004, Officer Kershaw worked part-time in Tisbury until August, when she became the department's first full-time female officer in several years.
Her MCAD complaint comes against a history of departmental strife. In 1996 former Tisbury police officer Theophilus M. (T.M.) Silvia 3rd filed an MCAD complaint and subsequently sued the department and the town on charges of racial discrimination. The matter was settled in his favor in 2000.
In addition to legal fees totaling $75,000 for Mr. Silva's lawyer, the town had to pay him $300,000, plus additional sums for vacation and sick time pay, and continuing health care coverage for him and his family. The town also incurred more than $258,000 in legal fees.
The issue divided the small department. The town turned to Robert Wasserman, a West Tisbury resident and international security consultant, for help. His 25-page assessment of the Tisbury police department, commonly referred to as the "Wasserman Report," released in February 2001, described a department that suffered from dissension, low morale, and a lack of leadership.
Currently, the Tisbury Police Department is operating under a contract that expired on June 30, 2007. A change in union representation led to a delay in the start of contract negotiations, which remain stalled. A mediator from the state's Joint Labor Management Committee has been working with both sides, without resolution to date.
