WILLIAMSTOWN, Mass. — A lawsuit filed in federal court Wednesday by a Williamstown Police sergeant paints a picture of a department plagued by racism and gender discrimination.
Sgt. Scott McGowan, a full-time police officer in the town since 2002, has named Chief Kyle Johnson, Town Manager Jason Hoch and the town as defendants in a suit alleging discrimination and retaliation against a whistle-blower.
McGowan, who is represented by Boston law firm Zalkind, Duncan and Bernstein, is seeking compensatory and punitive damages in amounts not specified in the 22-page complaint filed Wednesday in U.S. District Court.
Hoch on Wednesday afternoon said the town does not comment on pending litigation.
He did confirm that McGowan is an active duty officer in the Police Department.
The town, which is represented in the matter by Robinson Donovan in Springfield, carries insurance for actions like the ones brought by McGowan, Hoch said.
McGowan is alleging the defendants violated Massachusetts General Law and the federal Civil Rights Act by retaliating against him after he engaged the protected activity of "reporting and
opposing sexual harassment and other sex discrimination, race discrimination, racial harassment, and disability discrimination" and encouraging others to enjoy "their rights to be free of unlawful discrimination."
He also alleges three counts of discrimination against him under Mass General Law, the Americans with Disabilities Act and the federal Rehabilitation Act.
The discrimination allegations stem from an incident in January 2019.
On New Year's Eve, 2018, Johnson sent an email to the department's three sergeants "criticizing them for the limited amount of activity on certain metrics (including parking tickets)," the complaint reads. On Jan. 4, McGowan sent Johnson a reply via email defending his job performance and indicating desire to discuss, " 'physical, emotional and medical setbacks' he experienced because of 'the enormous stress I live through as the result of my biased treatment.' "
The complaint indicates the Jan. 4 email by McGowan referred to "silent punishment from [Johnson] based on my outspoken critiques." The complaint indicates the critiques referenced were "sexual harassment" and "race discrimination," about which McGowan had complained in the past, though the complaint also notes that the critiques were not spelled out in the Jan. 4 email.
More than a week later, after McGowan had worked several shifts without incident, Johnson and McGowan met and McGowan confirmed the content of his Jan. 4 email, saying, "his increased stress was a result of Johnson's retaliation against him," the complaint reads. The complaint alleges Johnson responded by demanding McGowan's badge and gun, placing him on paid administrative leave and ultimately ordering McGowan to see his primary care physician and obtain a referral for a clinical psychologist for a psychological evaluation.
Johnson also sent an email to the department that stated, "Sgt. McGowan will be out for an undetermined length of time on paid Administrative Leave. This is health & wellness related … ," the complaint reads.
Ultimately, McGowan was "immediately cleared for duty" after a psychological evaluation in Wakefield at the town's expense, the complaint reads.
The complaint says the defendants told the Massachusetts Commission Against Discrimination that "their decision to relieve McGowan of duty was motivated in part by the 'accusatory language' in his January 4, 2019, email.' "
On Wednesday afternoon, McGowan's attorney, David A. Russcol, declined a request from iBerkshires.com for a transcript or other record of that testimony to the MCAD.
"Unfortunately, I am not able to provide evidence at this time beyond what has been filed with the court," Russcol wrote in reply to an email seeking the documents.
Hoch said he had not had time to evaluate the complaint thoroughly enough to comment on the accuracy of material quoted in the court filing.
The complaint alleges that since the defendants "regarded [McGowan] as having a mental health issue or other medical impairment," he was a qualified handicapped person under Mass General Law and the Americans with Disabilities Act. Therefore, the defendants' actions relieving him of duty and announcing the move in a way to "damage Plaintiff's reputation," violated those laws.
The first two counts of the complaint allege retaliation against a whistle-blower. McGowan is alleging that based on his "protected activity, Defendants engaged in materially adverse actions with respect to McGowan."
The most significant "adverse action" in the filing came in August 2019, when McGowan was "passed over" for promotion to the newly created position of lieutenant in the Williamstown Police Department, the complaint reads.
The complaint describes a "sham" hiring process that began when Chief Johnson told McGowan as early as June 2018 that "if a Lieutenant position was created, Johnson would promote Michael Ziemba, a patrol officer, to that position." The complaint says Ziemba, unlike McGowan, a sergeant, had no "managerial experience as a superior officer."
On June 14, 2019, McGowan sent a letter to town counsel "protesting a pattern of discrimination and retaliation by the town (including relieving McGowan of duty in January 2019)," the complaint reads. The letter indicated McGowan was "addressing these matters through a union grievance process," according to the court filing.
Twelve days later, the lieutenant position was posted.
McGowan and Ziemba were the only two applicants for the position, and third-party testing showed that Ziemba edged McGowan in five areas "by between 0.6 and 1.8 points out of 100," the complaint reads.
The complaint alleges that the assessment process did not follow the requirements of a collective bargaining agreement, and the measurements were subjective. It further claims McGowan's performance on the assessments "was in fact higher than that of Ziemba."
"If not for the retaliation and discrimination described above, McGowan would have gotten the promotion," the complaint reads.
The "retaliation" referred to in the complaint allegedly was carried out against McGowan because he opposed sexual harassment and a "racially hostile environment in the department," the filing reads.
For more than six pages, the complaint lays out disturbing and frequently salacious actions by Johnson that McGowan says he spoke up against going back to 2007.
The earliest incident came in the summer of 2007. The complaint alleges Johnson assaulted McGowan on four different occasions by rubbing "his clothed penis up against McGowan's body."
The complaint says McGowan called out his superior officer each time, but "Johnson laughed and dared McGowan to write him up."
McGowan's filing says Johnson denied the sexual assault to the Massachusetts Commission Against Discrimination but said in a sworn statement to the commission that " '[f]or a period of time early in his tenure as Chief, Johnson and others in the Department … engaged in what Chief Johnson now recognizes was unprofessional and juvenile locker room behavior.' "
Again, iBerkshires.com is unable to independently verify either the substance or context of the material quoted in McGowan's filing.
McGowan alleges in his complaint that a male dispatcher in the WPD wrote a letter to Johnson complaining of a similar assault with a "clothed penis."
"Only after Dispatcher A's letter did Johnson's sexual harassment of both McGowan and Dispatcher A cease," the complaint reads.
As for racial discrimination, the complaint alleges that Johnson harassed an officer of Black ancestry identified as "Officer C."
"On many other occasions in Officer C's presence, when Johnson saw a person of color entering the police station, [Johnson] would rub his eyes, look back and forth between Officer C and the other person of color, and appear confused as if Officer C were in two places at once," the complaint reads.
The complaint alleges that "Officer C" was passed over for promotion in favor of "white men even though [Officer C] scored higher on the promotional exam."
In 2014, the complaint alleges, an unnamed WPD employee "shouted a racial slur (the N-word)," in the presence of Officer C and a Black Williams College student who was receiving a tour of the police station from Officer C.
The offending employee, identified in the filing at Dispatcher D, admitted to Johnson that he used the word, according to the complaint.
"McGowan recommended that Dispatcher D be terminated for his offensive and racist behavior, but Johnson took no official disciplinary action," the complaint reads. "Dispatcher D was removed froma few scheduled shifts and returned to work."
Officer C sought a transfer to a different police force in 2016, the complaint reads, but Johnson and Hoch "held up the transfer." McGowan, then president of the local police union, argued on Officer C's behalf, pointing out racist incidents and the presence of a photo of Adolf Hitler in the locker of another unnamed officer.
"In response, Johnson denied the allegations and threatened to terminate Officer C for untruthfulness," the complaint reads.
The complaint alleges that Johnson and Hoch were "concerned about possible media coverage" and OK'd Officer C's transfer.
McGowan is seeking compensation for lost wages and/or benefits, damage to reputation and earning capacity and "other damages."
Hoch, the town manager, said Williamstown has not received a notice of any union grievance related to the activities cited in the complaint.
Russcol, McGowan's attorney, confirmed in his email that McGowan does not have any union grievances pending at this time.
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New Daycare and Training Zone for Dogs Opens in Williamstown
By Breanna SteeleiBerkshires Staff
WILLIAMSTOWN, Mass. — You can now bring your dogs to a new daycare and training spot.
Owners and friends Michelle Marrocco and Tiffany Boyden opened Pup Place last month at 895 Simonds Road, the former location of a martial arts studio.
"We do daycare full days and half days, and then we do what we like to call lifestyle training, which is just worked into our models," Marrocco said. "So generally, people don't want their dogs to jump on them, or counter surf, or steal food, and we don't want those things either. So we just reinforce that all day, every day.
"And then we have additional training options like leash training, so your dog will walk politely. We do reactivity training with dogs who are nervous or scared or have issues with other people or other dogs."
This is not their first venture. The two have been walking and training dogs as Berkshire Pup People and it took about five years to find the right space to open a doggy daycare.
"We started with walking, and then added on training and pet sitting and pet sitting. So we have a team of independent contractors," Boyden said.
Marrocco said a brick and mortar building for their business was always the goal while they built up a customer base.
"The idea was that we would do that to build up trust in the community and get to know the market better, with the goal of opening a dog daycare, because there's a huge amount of people with dogs here in the Berkshires in general, and I think we are able to serve maybe 11 percent of the market, which is like families with one or two dogs, and there's three other dog daycares in the region, or dog day trains sort of places, and there's simply not enough for what people need," she said.
Boyden, who is a dog behaviorist, said she fell in love with dog training during the pandemic through helping a neighbor with their dog.
"There was a hole in the market because the dog daycare that I actually brought my own dog to closed, and my neighbor was like, 'I was working remote this whole time, but now I have to go in the office. What do I do with my dog? What do you do with your dog?' And I was like, 'I have a remote job, so he stays home.' And that's kind of where the idea started. We started walking and training him. Then he started coming to my house for care," Boyden said.
After realizing the gap in the market, Boyden reached out to Marrocco, knowing they are both dog lovers, and asked if she wanted to start a business with her.
Boyden learned training from an online course and hands-on experience. Marrocco has a background in teaching and said humane education is similar to how dogs learn. The also completed the E for All Berkshire County business training program.
"What sets me apart a little bit from other trainers in our area is that instead of just basic training, I really enjoy the reactivity training, anything that's behavioral. I love to see a dog struggling and find the root cause of why they're struggling, and then figure out how can we work together to help, rather than just say, 'Hey, this is a behavior. We're going to just train you to stop it,'" she said. "It's why are you having that behavior, and how can we help you through that so you no longer feel like you need to do that behavior? So that's a lot of what we do here in general."
They use positive reinforcement only and avoid aversive methods, which can hide behavior problems. She said all dogs learn a shared set of commands, such as waiting at gates and being comfortable with handling.
At the daycare, dogs rotate between rest, enrichment activities like ripping cardboard, and play so they learn to settle down.
Owners and friends Michelle Marrocco and Tiffany Boyden opened Pup Place last month at 895 Simonds Road, the former location of a martial arts studio.
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