It is amazing to see my life summarized, condensed, and turned into black and white print- all of the experience, pain, stress, and emotions, condensed into this article for the world to see and know my story. This was printed by the Star Gazette on June 2, 2012 and written by Ray Finger for the paper: here it is for your viewing pleasure....
Former Painted Post cop sues village
Unequal pay, discrimination, assault among allegations made in court document
Charging discrimination, threats, retaliation and a hostile work environment, a former Painted Post police officer is suing the village and former and current village officials.
Cody A. Kimball claims her civil and Constitutional rights were violated and filed a lawsuit May 21 in U.S. District Court for the Western District of New York. She is seeking an apology as well as $6 million in compensatory damages, $8 million in punitive damages and attorney fees, according to a copy of the 13-page lawsuit obtained by this newspaper.
The lawsuit names as defendants the Village of Painted Post, retired Police Chief Donald Yost, current Police Chief Robert Halm, former Mayor Edward "Sandy" Franklin and police Officer Todd Kimmey.
Yost and Halm served as police chief and Kimmey was her union representative during her employment as a village police officer, the suit says.
In the suit, Kimball -- formerly known as Cody A. Cook -- says she was employed by the police department from 1994 through 1997 and from 2001 through July 17, 2008. From 2006 to 2008, the "hostile work environment became so intolerable as to render it unsafe for her to continue," the suit claims.
Because of the hostile, retaliatory and discriminatory environment, she was unable to continue her employment and resigned, according to the court document.
On Aug. 11, 2008, Kimball filed a charge of discrimination with the federal Equal Employment Opportunity Commission and received a right-to-sue letter from the agency on Feb. 26, 2012, according to the lawsuit.
Painted Post lawyer Ron Yorio, attorney for the village, said Friday he could not comment on the lawsuit at this point.
"All I know is that it was filed," he said. "I'm not even sure if anyone has been served yet."
Lawyer A.J. Bosman of Rome, N.Y., who is representing Kimball, said Friday that no one has been served yet. Once parties have been served and responses have been filed, a date would be set for the trial to go forward. The judge assigned to the case will determine if the hearings will be held in Buffalo or Rochester, she said.
Asked for comment on the case, Bosman said: "I think that it's set forth in the papers, in the complaint itself. I don't know if I could add anything to that."
The suit states that during Kimball's employment, she was paid less than male officers in violation of the Equal Pay Act and the collective bargaining agreement for police officers in the village. She complained to the defendants and to her union representative about the discrimination and payroll inequity and requested an audit.
Kimmey and others refused to act to protect her interests concerning her terms of employment and pay inequity, according to the suit.
The defendants subjected Kimball to treatment that included threats of termination, excessive scrutiny of her performance and work that was not administered to male employees, refusal to remedy the hostile work environment and dismissed her complaints, the lawsuit says.
The suit accuses Yost of calling Kimball racial epithets and also subjecting her to humiliation and fear by physical assault and intimidation, including blocking, pushing, choking, yelling and threatening her with termination.
Kimball claims in the lawsuit that she was denied equal equipment, including name tags, a bulletproof vest and access to computers. She also claims in the suit that she was subjected to counseling and/or discipline for alleged rule infractions that were not enforced against male employees.
The suit also alleges:
» Pornography was present in the workplace and police department computers were used for viewing pornography.
» Kimball suffered retaliation following her complaints of discrimination, including retaliation for reporting pornography to the district attorney.
» Kimball's personal and professional belongings were gone through and their contents, including medications, made public to other personnel and members of the public in a derogatory and sexually suggestive manner.
» Kimball's performance was deliberately mischaracterized.
» Kimball complained in 2006 of Yost's illegal behavior to fellow officers and sought his removal as chief with help of the police union. But Yost was allowed "self-imposed" early retirement in December 2006 to avoid forceful removal, and he continued to be employed as a consultant for the village for three to four years.
» As a consultant, Yost continued to subject Kimball to discriminatory and retaliatory treatment, intimidation, harassment and a hostile work environment.
» Kimball told Franklin and Halm of Yost's actions toward her, but they failed or refused to take any action. She was then advised by the union attorney to lodge a formal complaint with state police.
» In June 2008 following a complaint to the district attorney, Kimball was accused of violating a section of a regulation, and her pay was reduced.
Kimball says in the suit that she has been denied equitable employment compensation, terms, conditions and privileges because of her gender and opposition to discrimination. She also claims she has suffered severe emotional distress, mental anxiety, depression, post-traumatic stress disorder and psychological trauma.
Kimball has been subjected to damage to her reputation and has suffered humiliation, indignity and shame, the suit says.
Kimball wants the defendants to review and correct all discriminatory treatment and conduct in the police department, ensure equal opportunities, terms, benefits and pay to female police officers in the village and mandate training and educational programs for employees about discrimination and retaliation, the suit says.
She also wants annual reports that show efforts and success at compliance in providing a discrimination-free and retaliation-free environment, and she wants a public apology, according to the lawsuit.
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