chro complaint
DESCRIPTION
Ansonia cop's CHRO complaint against departmentTRANSCRIPT
AFFIDAVIT OF ILLEGAL DISCRIMINATORY PRACTICE
CHRO NO._______________ EEOC NO._________________
1. My name is Mustafa Salahuddin Connecticut.
2. My mailing address is the same.
3. The Respondent is the City of Ansonia, the Ansonia Police Department,
Chief of Police Kevin Hale and the Ansonia Police Board of Police Commissioners
located at 253 Main Street Ansonia CT, and 2 Elm Street Ansonia CT.
4. I have been constantly discriminated and retaliated against since I began
my employment with the latest instance occurring on November 3, 2010. This
retaliation consisted of my employer, the Ansonia Police Department constructively
terminating me, in the form of forcing my retirement. This event followed my trial on
the charge of larceny in the 6th degree, the result of which was an acquittal. This false
allegation made by Chief Kevin Hale, his treating me differently than other officers
accused of similar conduct, his giving false and malicious testimony while under oath in
furtherance of his plan to use this as a pretext to begin termination proceedings. These
combined, explained in detail below form the basis of this complaint. The criminal trial
began on March 8, 2010.
5. I believe that my race (African-American), my color (black), my religion
(Islam) and my previously having opposed discriminatory conduct (against both
myself and others), and my asserting my First Amendment Rights in filing a prior
complaint with the CHRO and speaking out against his actions relating to me, were in
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part factors in this action. I believe that the respondent violated the following
Connecticut General Statutes and Acts listed below.
46a-58(a) 46a-60(a)(1) 46a-60(a)(4) 46a-60(a)(7)
46-64a 46a-81 46a-80 46a-60(a)(8)
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e and the
Civil Rights Act of 1991 (15 or more employees)
COMPLAINT
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The particulars of my complaint are as follows:
1. My name is Mustafa Salahuddin and I reside at Connecticut.
2. My mailing address is the same.
3. The Respondent is the City of Ansonia, the Ansonia Board of Police
Commissioners, the Ansonia Police Department and Chief of Police Kevin Hale with
business addresses of 253 Main Street Ansonia CT, and 2 Elm Street Ansonia CT.
4. I have been constantly discriminated and retaliated against since I began my
employment with the latest instance occurring on November 3, 2010. This retaliation
consisted of my employer, the Ansonia Police Department constructively terminating
me, in the form of forcing my retirement. This discrimination and retaliation consisted
of my employer, the Ansonia Police Department, by and through, its Chief of Police
Kevin Hale, 1) making a false allegation of the theft of a garden hose against me, 2)
requesting a criminal investigation be commenced against me, the subject matter of
which was this false allegation of theft, when officers accused of similar if not the same
conduct were never made the subject of such an investigation 3) using the Ansonia Police
Departments legal status as the victim in this matter to demand the charge against me be
pursued to where a trial on the merits was necessary to resolve this matter 4) giving false
testimony while under oath at the criminal trial of this matter. 5) Constructively
terminating my employment in the form of forcing my retirement after scheduling a
termination hearing in which I could not take part pursuant to the orders of my treating
physician. The Ansonia Police Commission’s retaliation and discrimination consisted of
one member Robert Goldsen, defaming me to members of the public after the Chief had
told him that myself and another African American Officer, Joseph Jackson, “should
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have never been made police officers”. The Board of Police Commissioners is designed
to provide oversight to the position of the Chief of Police and while Chief Hale may hold
such an opinion, as is his right, Robert Goldsen, in his capacity as a Commissioner does
not have the right to echo the Chief’s sentiments to members of the public. Another
member and the President of the Board of Police Commissioners, Nicholas Amico, stated
to members of the public who expressed concern over my malicious and vindictive
prosecution, that I was a thief and by supporting me they were supporting and condoning
a thief.
5. I believe that my race (African-American), my color (black), my religion (Islam)
and my previously having opposed discriminatory conduct (against both myself and
others) were in part factors in this action. I believe that the respondent violated the
proceeding Connecticut General Statutes and Acts listed on the proceeding page.
6. The respondent employs more than 15 persons.
7. I began working for the respondent in 1993 in the capacity of a police officer.
8. All of my performance ratings up to and including the most recent rated me
satisfactory or better and I have received numerous departmental service awards.
9. I began part-time employment with the respondent in 1993.
10. I repeatedly made attempts to obtain a full time position and was denied such a
position for years.
11. Eventually I made a complaint in regard to the City of Ansonia’s failure to hire
me for a full time position with the NAACP. After making my complaint I was
interviewed and offered a full time position.
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12. After obtaining this position I was subjected to constant harassment at the hands
of my superiors. This harassment included racial slurs and derogatory comments.
13. In 1998 I filed a complaint with the Commission on Human Rights and
Opportunities due to the fact the Ansonia Police Department denied me the right to wear
a beard. A practice that is extremely important to the practice of my religion. I prevailed
in this complaint and as a result gained the right to wear my beard.
14. In addition to wearing a beard I also was allowed to openly practice my religion
in the form of being allowed to pray at certain times during the day.
15. These developments angered my superiors and they took every opportunity to
retaliate against me as a result.
16. Eventually I decided to exercise my right to engage in union activities and
decided to run for the position of union president.
17. My decision outraged my supervisors and as a result they continued to retaliate
against me.
18. This retaliation included failing to take action against other employees who were
openly hostile towards me because of my race and initiating and subjecting me to
frivolous internal affairs investigations, after which I was not only cleared of any wrong
doing but issued an award for the manner in which I conducted myself.
19. In July of 2007 a questionnaire was circulated in regard to the Department’s
Harassment and Discrimination Policy. This questionnaire asked if I was aware if any
employee had been subjected to harassment. I answered yes to this question.
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20. I was then questioned about my answer by Lt. Cota, an officer in a supervisory
capacity and declined to discuss the matter with him but instead asked who other than
him I could speak with.
21. A female officer had been the victim of sexual harassment at the hands of a
superior officer, Lt. Wayne Williams and I was a witness to this. I counseled this officer
and offered help in any way that I could, again angering my superiors.
22. Eventually more than 8 years after the original incidents and because of the
intense scrutiny my underlying criminal matter had brought to the department Lt.
Williams was the subject of an internal affairs investigation conducted by the Connecticut
State Police at the request of Chief Hale.
23. This investigation found these allegations were true and Lt. Williams was
suspended for three weeks without pay.
24. Lt. Williams happens to be married to the daughter of a member of the Ansonia
Board of Aldermen.
25. I also spoke out against and supported others individuals in the City of Ansonia
who had their rights been violated by Ansonia Chief of Police Kevin Hale.
26. These actions again angered my superiors, most specifically Ansonia Chief of
Police Kevin Hale.
27. In May 2008 I was falsely accused of stealing a garden hose from the Ansonia
Police department.
28. This accusation led to my arrest on the charge of larceny in the 6th degree in July
2008.
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29. This hose was found within the department 5 days after it was reported missing by
the same individual who had initially reported it missing.
30. Despite the fact this hose was found inside the department, Chief of Police Kevin
Hale requested the Connecticut State Police conduct an investigation and that I be
arrested.
31. The Chief made the decision to have a criminal investigation commenced prior to
examining any of the evidence that supposedly existed against me.
32. The Chief was away at the time the hose was reported missing yet called the
Connecticut State Police from Cape Cod as he had made the decision to use this as an
excuse to be able to commence termination proceedings immediately.
33. The Chief ordered that no member of the department was to inquire to me as to
the hose.
34. As a result of this false and malicious allegation, of which I was eventually
acquitted, I was arrested and placed on administrative leave.
35. I was forced to stand trial as a result of this allegation.
36. During the course of this trial Chief of Police Kevin Hale, gave false and
malicious testimony that was untruthful in an attempt to have me wrongfully convicted as
a pretext to commence termination proceedings against me.
37. Chief Hale stated that a video showed me with two hands taking my jacket
covering a garden hose and walking out of the building with it.
38. This video does not depict anything resembling what Chief Hale testified to.
39. Chief Hale again lied stating that another officer who was the subject of a similar
allegation, that being submitting a fraudulent time card, was not arrested because this
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officer admitted to this conduct. This officer did not admit to this conduct and an internal
affairs investigation was commenced after another employee had learned of this behavior
and it was only after this investigation was commenced that this officer admitted wrong
doing.
40. I was never asked by the Chief if I had taken this garden hose, and the Chief took
specific action to prevent anyone from asking about it, ordering that an inquiry about this
missing garden hose be removed from a public board used by the department to inquire
as to the status of any number of things, including missing items in the past.
41. The jury returned a verdict of not guilty after deliberating an extremely short
period of time.
42. Prior to the commencement of trial, the Chief used his influence to try and turn
many within the department and active politically against me.
43. He asked that Robert Goldsen, a member of the Police Commission view the tape.
He also told Goldsen that myself and another officer African-American Officer “should
never have been police officers”.
44. Goldsen then went and began echoing the Chief’s sentiments throughout the City
of Ansonia.
45. This video was not shown to other Town Officials, most notably the Ansonia
Board of Aldermen.
46. After I was acquitted and vindicated of this charge by a jury of my peers, citizens
who were angry this incident had gone so far requested the Board of Police
Commissioners take action to punish Kevin Hale for using his position as a vehicle to
prosecute an innocent man.
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47. Nicolas Amico in response to the concerns of these tax paying citizens then stated
that I was a thief and anyone who supports me was supporting and condoning the actions
of a thief.
48. Citizens in attendance at the meeting then became angry and Amico’s response
was to have one thrown out of the meeting and then try and retract what he had said by
ordering a tape of the minutes not be released.
49. Members of the media had been in attendance and his spoken words were
reported in the print media.
50. My trial was the subject of extensive media coverage and those articles that
appeared online were the subject of numerous public comments.
51. People who had claimed to be members of the Ansonia Police Department began
to post comments attacking me and my character making implied threats about what was
to happen should I return to work.
52. Chief Hale did no investigation nor did he request any investigation be conducted
as to what members of the department had made such comments.
53. The Chief did no investigation to ascertain if those who made such comments
were actual members of the department.
54. Chief Hale’s decision to take no action whatsoever, was designed with the
specific intent to work in conjunction with the actions of the members of the Board of
Police Commissioners to create an environment so hostile that I would choose not to
return to work.
55. With the aforementioned false arrest as a basis, Chief Kevin Hale used his
position as Chief, and the authority vested in that position, to have me falsely arrested,
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maliciously prosecuted, and gave false testimony as a pretest for past legally protected
conduct he did not agree with. He conspired with the members of the Board of Police
Commissioners and failed to act on, or investigate the actions of members of the
department related to threatening behavior with the specific intention of creating a hostile
work environment to prevent me from returning to work at the department.
56. In August 2010 the Ansonia Police Department ordered that I return to work,
despite my not being cleared by my treating physician and despite then town never
requesting that I undergo an independent medical examination.
57. When I did not return to work pursuant to the advice of my treating physician a
termination hearing was scheduled and I was provided only one weeks notice of when
this hearing was scheduled to take place.
58. Pursuant to the advice of my treating physician I could not participate in such a
hearing as the stress associated with such a proceeding would have a negative impact on
my health.
59. If I did not retire or resign I would be terminated, as my current medical condition
prevented me from taking an active part in this hearing, so I was left with no other option
than to retire.
60. I therefore charge the respondent with discriminating against me because of my
race (African-American), color (Black), religion (Islam, my having previously opposed
discriminatory conduct and my exercising my First Amendment Rights.
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OATH
I request the Connecticut Commission on Human Rights and Opportunities to investigate my complaint, secure for me my rights as guaranteed to me under the above cited laws and secure for me any remedy to which I may be entitled.
Mustafa Salahuddin being duly sworn, on oath, states that he is the Complainant herein, that he has read the foregoing complaint and knows the content thereof, that the same is true of his own knowledge, except as to the matter herein stated on information and belief and that as to these matters he believes the same to be true.
Dated at Waterbury, Connecticut this 2010.
Mustafa Salahuddin
Subscribed and sworn to before me this 2010.
Rob Serafinowicz
Commissioner of the Superior Court (#423695)
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