Peggy Wright

@PeggyWrightDR

A former secretary for Gethsemane Lutheran Church in Hackettstown has sued the church and now-retired pastor, alleging he frequently made sexually-charged comments to her and used a camera in June to take pictures of her chest and under her skirt.

The woman, a Flanders resident whose identity the Daily Record has elected to withhold, sued the church and former Pastor Terrance Herzberg, 67, who accelerated his planned retirement by departing shortly after his administrative assistant claimed that he violated her privacy on June 27.

The lawsuit, filed by attorney John F. McDonnell, was made public Wednesday in Superior Court, Morristown. It charges that the church violated the state's Law Against Discrimination and that Herzberg's conduct interfered with her job performance and "created an intimidating, hostile or offensive working environment." The complaint said that Herzberg's behavior constituted a "constructive discharge" of the woman's employment with the church because she could not work in that environment.

Interim church Pastor Rev. Richard Izzard said that Wednesday that he, the church and congregants are aware of the allegations and that Herzberg retired over the summer, sooner than he had planned.

"He served well and people loved him but they're surprised and shocked," Izzard said. "The church has no intent of sweeping this under the carpet, it's not the intent of the church to hide it," he said, but noted that the case is under investigation and he couldn't comment in depth. Herzberg, who was named pastor in 2008, could not immediately be reached Wednesday through an email address.

The Warren County Prosecutor's Office could not immediately comment on the case. The state's public criminal case tracking system, called Promis Gavel, did not list any criminal charges against Herzberg. The lawsuit said that town police and the Prosecutor's Office were informed and that various electronic devices at the church and the parsonage where Herzberg lived were seized.

The lawsuit said the woman, married with children, was hired in July 2010 to work as administrative assistant to Herzberg and the director of the church's preschool. The assistant often worked alone with Herzberg, who was her immediate supervisor and the highest-level employee of the church.

Throughout her time on the job, the lawsuit said, Herzberg made comments to the assistant about her appearance and clothing that were filled with sexual innuendo. The pastor allegedly said: "Why did you stop wearing skirts? You look good in them;" "You should wear heels. I like when you wear them;" and "Are you losing weight?" He also sent her a card that said she was sexy, the lawsuit said.

Herzberg routinely stood extremely close to the assistant, sometimes physically contacting her, and was angry when he learned that a male congregant came to the office to perform some work and was alone with the assistant," the lawsuit said.

"Herzberg accused this male congregation member of having an affair with plaintiff. Herzberg acted in a very jealous fashion. These comments were extremely upsetting to plaintiff," the lawsuit said.

In May, Herzberg asked the assistant to bring up a document on her computer. He stood directly behind her and she noticed he was holding an object over her head which he quickly stuffed in to his pants pocket, the lawsuit said.

"When plaintiff returned her attention to the computer, she again perceived something above her, looked up and observed Herzberg taking photographs of her chest. Plaintiff became very upset and strongly objected to his behavior," the lawsuit said.

On June 27, the woman wore a skirt to work. While standing in her office, she "felt Herzberg's presence close behind her." She turned and saw the pastor straightening himself up from behind her and that he was holding a camera. The pastor then left the room but soon returned, the lawsuit said.

"A short while later, Herzberg walked quietly into her office again. She again sensed Herzberg immediately behind her. Plaintiff turned around and observed Herzberg holding a camera under her skirt taking photographs," the lawsuit said.

The woman became "extremely upset and distraught" as Herzberg put the camera in his pocket. She demanded that Herzberg give her the camera - which was not described in the lawsuit - but he refused. The assistant felt threatened and distraught and left the building, leaving behind her purse and car keys, the lawsuit said.

The assistant contacted a church council member to retrieve her belongings and asked a female congregant to take her to the hospital because she had chest pains. Police were called and she gave them a statement at the hospital and again the following day, the lawsuit said.

Police asked the assistant if she would call the pastor and ask him several questions they provided, the lawsuit said. The woman agreed and in her conversation with Herzberg, he allegedly admitted taking photographs underneath her skirt and doing the same to others, the lawsuit said.

The complaint states that the church failed to have in place adequate anti-harassment and discrimination policies, complaint structures, training and monitoring mechanisms and that Herzberg was permitted to control the work environment without any supervision.

Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.