×

YPD officer receives $151K settlement

City detective to leave department by Dec. 31

YOUNGSTOWN — Police Detective Sgt. Patricia Garcar received $151,000 in a settlement with the city over a gender discrimination complaint and agreed to resign or retire later this month.

The settlement calls for Garcar to be placed on administrative leave with pay and benefits until she leaves on or before Dec. 31 and that she never will apply for any other employment with the city.

The agreement also states Garcar waives any claim for back pay or benefits, that her accumulated sick leave and vacation time will be used during the time she is on designated leave, that the city will restore her to the rank of detective sergeant effective Dec. 31, that the city won’t take any action to interfere with her efforts to obtain retirement benefits and that the city will provide a neutral reference in response to any future employment inquiries.

The city will pay $25,000 to its insurance company as its deductible on the settlement.

City Law Director Jeff Limbian and David Glenn Phillips, Garcar’s attorney, declined to comment on the settlement.

Garcar was hired by the department in 1994 and was promoted to sergeant in 2000. She was in the accident investigation unit since 1998.

She filed a federal lawsuit Aug. 14, 2017, against the city, police Chief Robin Lees, Capt. Rod Foley — a former police chief — and two unnamed John Does as defendants. A proposed order of dismissal was filed Nov. 4 after the two sides reached a settlement, and was finalized Thursday by the city’s board of control, which made a copy available to The Vindicator.

Garcar’s lawsuit alleged civil rights violations, invasion of privacy, retaliation and intentional infliction of emotional distress. The city had denied the allegations.

Garcar had filed charges of discrimination with the U.S. Equal Employment Opportunity Commission and received notice March 16, 2017, that she could file a lawsuit.

Garcar alleged in the lawsuit that Lt. William Ross, who heads the accident investigation unit, caused problems for her based on her gender.

“Lt. Ross’ conduct toward Detective Garcar constituted disparate treatment and harassment against her based on her gender as a female, and he created a hostile working environment for her in the AIU on this basis,” according to her complaint. That included writing her up and unwarranted discipline, the lawsuit states. The lawsuit contends she complained in early 2014 to Foley, who was chief at the time, and then to Lees, who took over as chief, and nothing was done.

Lees transferred Garcar on or about July 29, 2014, from accident investigation to the family service investigative unit, which she claimed was in retaliation for her filing an EEOC complaint. A city filing says it wasn’t retaliatory and Lees “believed it was within his discretion as chief” to transfer her.

In February 2015, Garcar was notified she was promoted to lieutenant, but the lawsuit contends a short time later “this promotion was inexplicably rescinded based on claimed restructuring” in the department, and the decision “constitutes a negative employment action against Detective Garcar for a reason that was incorrect and used a pretext for the discrimination and retaliation against her.” A city response said the promotion / demotion was in compliance with the collective bargaining agreement and it happened to two other officers — one male and the other female.

She also contended she faced further unwarranted discipline in March 2015 based on her gender.

An April 25, 2018, amended complaint states she wrote city council in February 2016 claiming theft in office by upper-ranking officers through improper overtime pay and other actions that needed to be investigated, improper promotions and demotions at the department and improper behavior by top officers. The city responded the writing was mailed anonymously, was investigated by the law department and it was concluded June 13, 2016, that Garcar was responsible, which “violated multiple provisions of the (police) orders manual and city’s technology policy, which had been received and signed by Sgt. Garcar.” The city wrote that police officials “believed the allegations contended in said writings of misconduct were untrue and potentially divisive.”

Also, Garcar’s lawsuit states that on or about October 2017, the city administration suspended her for 15 days because of her writing to city council.

On Sept. 24, 2018, the city filed a motion for summary judgment in the case writing “there are no genuine issues of material fact present.”

The motion contended Ross filed multiple complaints of alleged employee misconduct against Garcar — which resulted in an internal affairs case — for violations including not identifying prescription medication usage, which resulted in a verbal reprimand; violations for failure to report for duty on Dec. 21, 2013, which led to a one-day suspension; and failure to provide accurate reports on Jan. 4, 2014, which led to a three-day suspension.

The motion also states from 2012 to 2018, Ross filed complaints for misconduct that were investigated by internal affairs against two other female officers and 13 male officers.

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

Starting at $2.99/week.

Subscribe Today