A Delmar firefighter put his hand on a female colleague's inner thigh and buttocks on two separate occasions but faced no consequences for the inappropriate behavior, according to a lawsuit filed in federal court.

Despite the second incident being caught on camera, the official was allowed to stay with the department while the woman was "essentially terminated," the lawsuit states.

"It's intolerable," said Gary Alderson, the plaintiff's lawyer. "This is 2019 and these things just cannot go on."

The complaint alleges that when April D. Molchan was captain of emergency medical services in 2015, then-Fire Chief Andrew Rementer "placed his hand high on the inside of (her) thigh close to her groin" at a restaurant.

"She immediately and forcefully told him to remove his hand which he did," the lawsuit states.

In July 2017, Molchan was working for the fire department when Rementer, then president and second assistant chief, "applied his hand to her buttocks as he walked behind her while leaving the lounge area," according to the lawsuit.

"When Molchan reacted, Rementer stated 'I'm sorry, I can't do that. You're paid today not volunteer,'" the lawsuit states.

These instances were among the "many times" Rementer made Molchan "uncomfortable," according to the lawsuit.

Days after the July incident, Molchan spoke "off the record" to then Delmar Fire Department House Committee Chair Shawn Johnson, according to the lawsuit. Johnson is now the fire chief, according to the department website.

The lawsuit states Johnson suggested Molchan report her complaint to the department's employment committee chair, Wayne Knapp, and then-Fire Chief Manson Jones.

Before an August 2017 meeting of fire department membership, Jones informed Molchan that Rementer had been asked to resign as president, the lawsuit states. It was announced at the meeting that Rementer would be suspended for no more than 30 days until an investigation was completed.

At the Sept. 6, 2017, meeting, House Committee Vice President Joe Morris, Jr. directed Chairman Johnson to read Molchan's complaint, including her name, to the entire membership, according to the lawsuit.

Johnson also read the committee's report of the investigation to the room, which included Molchan's and Rementer's accounts, the lawsuit states.

Rementer was permitted to attend the meeting "although he was ostensibly on suspension," the lawsuit states.

Johnson reported that the house committee had reviewed camera footage which showed the incident occurred where Molchan said it took place and that Rementer had indeed touched Molchan's buttocks as alleged, the lawsuit states.

The committee recommended that Rementer be expelled from the fire department.

Rementer spoke out in his own defense at the meeting where Molchan was seated in the audience, according to the lawsuit.

"Rementer admitted that he 'did it' but because he and Molchan had been friends for years he did not think that Molchan would be offended," the lawsuit states.

He then went on a "tirade" against Molchan, according to the lawsuit, including claims that Molchan has "OCD," that she has a "Type-A personality," that before this incident he "sensed" a tension between them, and that Molchan made her complaint out of retaliation for a disagreement they had.

After the meeting, Chief Jones approached Molchan in the station, the lawsuit states. Molchan said she was unhappy that Morris "forced" Johnson to read her letter aloud.

"Jones then told Molchan that this may have been her first 'offense' with Rementer, but it was not Rementer's 'in general,'" the lawsuit states. "Jones described prior 'counseling' that Rementer had received because of touching other females inappropriately."

On Sept. 18, 2017, the Delmar Fire Department membership met again. Amid questioning about Rementer's past behavior, the lawsuit states Chief Jones said he had addressed a complaint about Rementer of the same nature — inappropriate touching — from another female member.

"Jones stated that Rementer had apologized to that victim assuring her it would not be an issue again," the lawsuit states. "Jones admitted that he did not document that complaint in writing even though he met with Rementer and the victim on the matter."

The membership voted on whether to accept the house committee recommendation to expel Rementer but failed to reach a necessary two-thirds majority, the lawsuit states. Rementer resigned from his positions as president and second assistant chief.

One month later, the fire department appointed Rementer to the position of engineer "meaning that DFD returned him to a leadership position just one month after he had openly admitted to sexual harassment and battery," the lawsuit states.

"Then at its 2018 annual elections, Delmar elected Rementer to the position of lieutenant."

On Dec. 27, 2017, Delmar Fire Employment Committee Chair Keith Abbott, "essentially terminated" Molchan by removing her from the schedule and canceling all the shifts she had already been scheduled to work, the lawsuit states.

"Abbot also informed Delmar to remove Molchan from the payroll," the lawsuit states. "Abbott told Molchan that DFD passed a bylaw change that members could no longer work for DFD."

Attempts to reach Rementer and Chief Johnson for comment were unsuccessful. The Delmar town manager said the town has "no involvement" in the case because the fire department is a separate entity.

Through her lawyer, Molchan declined to comment. Alderson said Molchan exhausted her administrative remedies and was left with no other option than to head to court.

"It's unfortunate that one has to resort to the legal system, but if that’s what it takes to change attitudes and behaviors, that’s what it will take."

Contact Christina Jedra at cjedra@delawareonline.com, (302) 324-2837 or on Twitter @ChristinaJedra.

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