Town of Union Supervisor Rose Sotak sues for gender discrimination, asks for half million

Town of Union Supervisor Rose Sotak has sued the town board for its investigation into her alleged harassment of employees, claiming the board discriminated against her because she's a woman. She is seeking half a million dollars in damages.

The suit, filed last Friday, also alleges Sotak was prosecuted by District Attorney Steve Cornwell — with the help of board members — without probable cause, violating her Fourth Amendment rights. The suit also claims the all-male board violated her Fourteenth Amendment equal protection rights.

Town board members' actions were "highly discriminatory, unfair, and improper," and their treatment of Sotak was "outrageous and shocking to the conscious [sic]" the complaint reads.

"Shocks the conscience" is a legal standard often used in due process cases, and originated from a case in which a suspect's stomach was pumped against his will to retrieve morphine capsules he had swallowed.

"The 'investigation'...was a subterfuge to mask defendants' true intention to force plaintiff out of office by whatever means possible," the suit claims, adding that an executive summary of the investigation was leaked to the media to embarrass Sotak.

The suit also lists four other "John Does" as defendants.

Sotak lawyer Albert Millus, of Hinman, Howard & Kattell, declined to comment on the suit, but all board members named in the suit said it was baseless.

"I am absolutely certain that the town board has followed the law and met every required step in our handbook to protect our employees," said board member Frank Bertoni in a statement. "It is appalling to me that the supervisor refuses to see the wrong she has done to our employees and the harm she has caused our town. Now she is trying to somehow put the blame for all of this on anyone but herself."

Friday's complaint comes two months after Millus, Sotak's attorney, filed a summons in state court. That summons made similar allegations of Fourth and Fourteenth Amendment violations, but did not specify sex discrimination or the amount Sotak was requesting in damages.

Allegations that Sotak had verbally harassed and threatened town employees became public in February 2017, when the Press & Sun-Bulletin/pressconnects.com published the executive summary report of interviews with 22 town employees.

More: Union Supervisor delays investigation into harassment allegations against her

According to the report, Sotak told "employees that they were 'useless;' that an individual belonged 'in a mental institution;' that no one 'knows what you do;' that she 'could do [the employee's] job; and questioned why she had to 'do [the employee's] job.'"

The report also says Sotak threatened employees with the loss of their jobs, telling them she had the necessary votes on the town board to oust them (she did not, according to town board members).

Her behavior, the report says, led to a "hostile work environment," and violated town policy.

In March, the town board began to look into removing Sotak from office.

More: Town of Union looks into removing supervisor Sotak

More: SOTAK INDICTED: Charged with abusing her authority

In April, Sotak was indicted on five charges, one a felony count of corrupt use of authority. She pleaded not guilty.

But the grand jury indictment was overturned in July by Broome County Judge Kevin Dooley, who said in an opinion that the evidence presented by District Attorney Steve Cornwell was insufficient to meet the charges. Dooley also said the grand jury proceeding was "impaired."

Cornwell, he said, had allowed prejudicial testimony and vouched for the credibility of one of the witnesses.

More: Judge dismisses indictment against Town of Union supervisor

More: Broome DA withdrew criminal appeal against Town of Union Supervisor Rose Sotak

After the dismissal, Cornwell said his office would appeal the decision.

But in October, the District Attorney's Office withdrew its appeal, effectively ending further prosecution on the matter.

On Feb. 22 of this year, the town board put on file a report alleging Sotak, seemingly "emboldened" by the dismissal of the indictment, continues to harass town employees.

Although the recent allegations are not as severe as the original ones, the alleged harassment violates town policy, and continues to create a liability for the town, the report states.

"It’s just Rose trying to harass people and intimidate people," said board member Robert Mack of the suit. "It’s typical of her behavior."

Leonard Perfetti, a former town board member and now Town of Union clerk, said that in the private sector, Sotak's alleged behavior would not have been tolerated. She would have been disciplined and possibly fired, he said.

"This is a great example of the supervisor having a total lack of accountability," said Tom Augostini, a board member. "This is just a total waste of taxpayers' money."

A deadline for a response from the defendants has yet to be set.

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