Sex harassment comes full circle CONCORD

The highest-ranking woman in the Concord Police Department, who received two settlements over lawsuits claiming sexual harassment, is now being sued for the same allegation.

Lt. Robin Heinemann, a 22-year veteran, made unwelcome remarks of a sexual nature to Wendy Schwartzenberger, who works as a civilian community service officer, from 2004 to 2009, according to a suit Schwartzenberger filed in Contra Costa County Superior Court.

During that time, Heinemann patted Schwartzenberger's behind, kissed her at least 100 times and made her uncomfortable by referring to her and her partner, including asking whether Schwartzenberger would ever share her sexually, the suit said.

At a lunch in April 2009 to welcome a new officer, the suit said, Heinemann opened Schwartzenberger's fortune cookie and read the message aloud: "You will be giving this year."

Heinemann added, "In bed," and suggested to Schwartzenberger that she call her partner to "ask how giving she had been in bed that year," the suit said.

The comment was made in front of people who didn't know Schwartzenberger was lesbian, said the suit, which names the Police Department and Heinemann as defendants and seeks unspecified damages.

Mark Coon, a Concord assistant city attorney, said, "The factual allegations of the complaint are false, and the lawsuit is unmeritorious. We will vigorously defend the city of Concord and Lt. Heinemann against this lawsuit."

In January, Concord paid $150,000 to Heinemann to settle a lawsuit claiming that she was harassed and discriminated against because of her gender.

Heinemann was promoted to lieutenant in 2001, two years after the city paid $1.25 million to settle a previous sexual-discrimination lawsuit in which she and other current or former female officers were plaintiffs.

"It is ironic that Heinemann believes that she was sexually harassed on at least two occasions and then she goes out and sexually harasses one of her subordinates for about five to six years," said Schwartzenberger's attorney, John Winer.