Discrimination suit names No. 2 in New Castle County police department

Brittany Horn | The News Journal

Show Caption Hide Caption Top stories for today Here are some of the top stories we're following for today. 1/29/19

A lawsuit filed against New Castle County that alleges discrimination, also names Lt. Col. Quinton Watson, the No. 2 in the police department who was put on paid leave last week.

Watson was placed on administrative leave pending an internal investigation regarding separate workplace harassment allegations.

In the suit, he is accused of using his position of "risk manager" to access medical information about employees and make decisions about who should remain on staff and who should be fired.

The complaint, filed less than a month ago in federal court, names New Castle County, the police department, County Executive Matthew Meyer, police Chief Col. Vaughn Bond, Watson, and then-Chief Human Resources Officer Vanessa Phillips as defendants.

BACKGROUND

High-ranking New Castle County police officer put on paid leave, only days from retirement

No. 2 in NCCo police department is out pending personnel matter

Filed by former New Castle County police Cpl. Melissa Clemons, the suit details a 1½-year battle with New Castle County over disability and pregnancy discrimination regarding an injury sustained during a police training course in September 2015.

The discriminatory practices worsened when Clemons, who was still out on leave for her injury, notified her supervisor of her high-risk pregnancy on May 17, 2016, the suit said.

Clemons was formally fired on Feb. 2, 2017, and since then, has filed multiple complaints with the state Department of Labor and Equal Employment Opportunity Commission. All of those complaints have been dismissed, according to the lawsuit.

"This dispute, which we inherited upon assuming office last year, has no merit," Meyer said in a statement Monday. "Every claim has been previously considered and then dismissed by impartial experts at the state and federal government."

The police department declined to comment further.

The lawsuit specifically cites Watson in his role as risk manager, a position that he took on after the civilian in that post retired. He had no previous training in risk management, according to the lawsuit, but maintained a list of officers out on leave due to injury.

The lawsuit says Watson maintained "a 'hit list' of people he wanted terminated."

In maintaining this list, Watson requested access during the summer of 2016 to medical records kept by the former risk manager Cheryl McDonough, according to the lawsuit. When he was denied access, the suit states that Watson "accessed the medical records anyway."

Watson said during Clemons' grievance hearing that when an officer is out on leave for a year due to injury, the officer's employment is "brought up for discussion" with former police chief Col. Elmer Setting, according to the lawsuit. However, the lawsuit states that Watson's timeline does not match when Clemons' employment status was discussed.

Watson is slated to retire at the end of this week, which he is required to do based on the mandatory retirement age for New Castle County police officers. The county confirmed he will reach that age in early December and no approval is necessary from the county.

However, if any police officer retires while under investigation, there is "mandatory notification" made to the Delaware Council on Police Training, according to county spokesman Jason Miller. The council sets police officer training standards, determines pre-employment qualifications and has the ability to revoke an officer's certification.

In addition to Watson, Clemons' grievances take issue with the county's handling of her injury, pain levels, and inability to return to work – all of which did not meet the Americans with Disabilities Act policies, according to the lawsuit.

The county specifically relied on the opinion of one doctor, which released Clemons to return to work, rather than numerous other second opinions and recommendations Clemons obtained, according to the lawsuit. The county also stopped payments for physical therapy and other services Clemons sought for her injury, the lawsuit states.

Though an exact dollar figure is not provided in the lawsuit, Clemons is seeking "back pay, front pay, compensatory damages, punitive damages and attorneys' fees" for the violation of numerous acts designed to protect employees.

DON'T MISS THESE STORIES

11 Delaware state employees earn a salary over $200,000

DNA samples of 1,600 Delaware convicts were not entered into national database for years

Delaware cold cases featured on playing cards

Contact Brittany Horn at (302) 324-2771 or bhorn@delawareonline.com. Follow her on Twitter at @brittanyhorn.