AG, sheriff reach settlement in Clinton Co. sexual misconduct case

PLATTSBURGH | An 18-month investigation by the New York Attorney General's (AG) office into allegations of sexual misconduct, sexual harassment, inappropriate touching and groping by male officers at the Clinton County Jail culminated with a four-year term of outside professional oversight of jail reform programs. Legal findings concluded that actions by county personnel violated the Eighth and Fourteenth Amendments of the U.S. Constitution; provisions of the New York State Human Rights Law; and Title VII of the Civil Rights Actof 1964. "Respondents neither admit nor deny (AG's) findings and legal conclusions," the settlement states, allowing that the AG's office "finds the relief and agreements contained in this Assurance appropriate and in the public interest." Formal policy and training will be established and required for Clinton County corrections and sheriff's department staff. The county has to find and retain an outside, independent monitor to report compliance to New York Attorney General Letitia James' Law Enforcement Misconduct Investigative Office (LEMIO) twice a year for the next four years. The AG's office said the "settlement" is the first of its kind reached with a New York county sheriff's department. PREVENTING MISCONDUCT In a news release July 28, James said Clinton County will "adopt new policies and procedures, provide additional training, and develop and implement strategic plans to prevent misconduct toward incarcerated individuals and to prevent workplace sexual harassment, subject to input and approval from LEMIO." The sheriff's department will also implement Prison Rape Elimination Act (PREA) policy after the investigation found county jail operations are not in compliance. PREA is a federal law enacted in 2003 to address and eliminate sexual assault in correctional facilities. "Women corrections officers should never fear showing up to work and incarcerated women should not be afraid of the individuals responsible for their safety," James said in the release. "This agreement puts Clinton County on the correct path forward to improve conditions and ensure a safe and secure environment for both corrections officers and incarcerated women. "I thank the Clinton County Sheriff's Office for its willingness to work together to address reports of misconduct and harassment and implement real changes to improve conditions." MISCONDUCT ALLEGATIONS The state Attorney General's law enforcement misconduct attorneys opened an investigation into the sheriff's office in February 2023 after numerous allegations of misconduct and sexual harassment were made, starting in 2021, by five female corrections officers (COs) and from women held at the Clinton County Jail. Five cases brought against the county by jail employees were settled before going to trial, reportedly to avoid the high cost of court proceedings. James' investigation says "the lawsuits were settled without an admission of liability." Complaints were initially filed with the Clinton County Department of Personnel, which determined that "two male COs violated the sexual harassment policy, and a male sergeant engaged in a sexual relationship with a woman subordinate. "One of the male COs resigned, and the remaining male CO and male sergeant were disciplined but remained employed," the AG's office said. After personnel department investigations closed, women COs reported to the AG that "they experienced retaliation and were discouraged from reporting additional complaints." Personnel investigation found that "although the women COs reported the harassment to supervisors at the jail, it was not acted on as required by Clinton County's sexual harassment policy." COMPLAINTS FROM INCARCERATED WOMEN The AG's office said formerly incarcerated women alleged misconduct by male employees at the jail, including touching and groping of intimate areas, purposely brushing or rubbing up against incarcerated women and sexual comments. "The (Clinton Co. Sheriff's Department) was previously made aware of some of these allegations and conducted interviews with some of the women, but otherwise did not (document) the investigation or any findings." The AG "was also informed by several formerly incarcerated women that male employees contacted them after their release from (Clinton Co. jail) to pursue what the formerly incarcerated women understood to be sexual relationships, contact which was and is prohibited by (sheriff department) policies." MONITORING The sheriff's department has 60 days to review all Non-Discrimination, Anti-Harassment, and Sexual Harassment Prevention Policy and Sexual Misconduct Elimination Policy "with all active (jail) employees, both verbally and in writing." The sheriff also has to advise employees that they are "prohibited from retaliating against any individuals who make a complaint of sexual abuse, sexual harassment, or discrimination, (and) retaliating against any individuals perceived to have reported alleged abuse, harassment, or discrimination to any party, including (the AG's office)." In the same time frame, all county jail employees have to acknowledge in writing that they received copies of related policies and rules against retaliation. The sheriff's department has 60 days to work with the AG's office to create a list of people qualified to monitor the reform process. They have 90 days after that to retain a monitor for services over a four-year period. Working with the monitor, in consultation the AG's office, the sheriff's department is also required to develop, implement, and maintain a Risk Management System to document and track "facility trends at the Clinton Co. jail related to allegations of: sexual abuse; sexual harassment; and retaliation for reporting sexual abuse or sexual harassment." Any default in performance could violate the settlement and result in civil action. Respondents who signed the agreement include Sheriff Dave Favro, County Attorney Jacqueline Kelleher and County Legislative Chairman Mark Hall. COUNTY RESPONSE Contacted by phone on Monday, Sheriff Dave Favro responded by thanking the attorney general's office. "They had a team of attorneys that worked with us for close to a year now, and came up with the nine findings. We want to provide a safe workplace and a safe, secure and humane environment for our incarcerated individuals. "To have a monitor in periodically to help keep us on task and guide us to help structure this program is going to be a good opportunity," he said. Finding resources to frame Prison Rape Elimination Act (PREA) policy has proven to be a bit challenging, he said, "because I haven't been able to find another county jail in the state that has had to comply with PREA. We're going to create our own roadmap to complete PREA and move the department into the future. "It's a pretty complex and comprehensive process that requires a lot of documentation and recording. We want to be in the forefront of this, so it is more comfortable for our employees if they encounter this situation." Clinton County Legislative Chairman Mark Henry said the county will move forward as required. "We take the report seriously. This is the way they want us to move forward and we shall," he told The Sun. "We think these are good recommendations and we will follow them within the prescribed timelines. The Attorney General's office has been investigating for a year, they've laid out a path forward, and we intend to comply."

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AG, sheriff reach settlement in Clinton Co. sexual misconduct case

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