Hyde Park police officer sues town, officers alleging discrimination, sexual harassment
A Hyde Park police officer is suing a former sergeant, a lieutenant and the town, alleging she was discriminated against based on gender through verbal sexual harassment.
Jacquelyn Tucker, who joined the department in August 2008, also alleges there was retaliation against her.
The suit, which was filed in New York federal court Aug. 10, requests a jury trial, compensatory and punitive damages.
While the suit describes vividly how Tucker was allegedly harassed, it is less clear on the extent to which she was retaliated against, and how specifically she believes the town should have responded to her complaints. Lawyers representing Tucker declined to answer questions regarding the case and a message left for Tucker was not returned.
What Tucker claims
On Feb. 7, 2019, Martin Monaco, described as Tucker’s supervising officer, is alleged in the suit to have said he fantasized about Tucker and another female officer engaging in sexual activities.
Tucker objected to the behavior as sexist, offensive and inappropriate but, the suit claims, Monaco “continued to luridly describe his sexual fantasies” about her to her.
According to the suit, several days later, Tucker, while talking with another female officer, said Tucker’s daughter’s dance instructor had previously dated Tucker’s husband. After hearing that, Monaco allegedly told Tucker that her husband must have fantasies about the instructor and Tucker engaged in sexual activities together.
Monaco ignored Tucker’s protests and allegedly continued to make sexual statements about her and the dance instructor, the suit claims.
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Tucker complained to a sergeant, who, according to the suit, took no formal action.
Town and officials and the town’s lawyer declined to comment on the suit, citing the pending legal matter. The individual officers accused could not be reached for comment.
In April 2019, Tucker and a female colleague were practicing defensive tactics at a training class when, the suit alleges, Lt. Paul Caccia said, in sum and substance, made a sexual comment and asked does anyone have that recorded so he can watch it later. At the police station later that day, the suit alleges Caccia made additional comments and said “sorry, it’s just a guy thing.”
Tucker was outraged, according to the suit.
Promotion followed complaint
On the night of Nov. 3, 2018, Monaco and Caccia were among officers receiving promotions at a Town Board meeting. Police Chief Robert Benson thanked the board for its commitment to making the department whole again with resources and staffing, according to the video of the meeting available on the town’s website. Benson told the board that back when he taught DARE, Monaco had been one of his students.
“So it’s really warming for me and exciting for me to be able to see these, as I call them still, kids, work their way from elementary school to middle school to high school to college, working alongside of me and now they’re becoming members of rank of our police department,” Benson said at the time. “And I think it shows a lot about this town and this police department.”
Benson told the board he and Caccia worked side by side for years.
“He’s been here in Hyde Park for 18 years now, so that says a lot for someone to come to this town and spend 18 years with us and never have any problems with the community, never have any problems in the police department. Always do whatever’s asked of him,” Benson said at the meeting.
Thirteen months later, at the Town Board’s Dec. 16, 2019, meeting, the board approved Monaco’s promotion to sergeant.
Benson thanked the board for its overall support and said, "For the men and women that are sitting behind me, members of the police department, you know we’re very pleased with the direction we’re going."
Report backed claims, suit says
According to the suit, in November 2020, Tucker complained to the town’s compliance officer about workplace gender-based hostility after Monaco had allegedly made comments about a female police officer in the Fishkill department.
According to the suit, the town said it investigated and in a report in late 2020 found Monaco had engaged in sexual harassment against Tucker and violated the town’s harassment policy, according to the suit. The report recommended Monaco be required to attend sexual harassment prevention counseling, the suit said.
According to the suit, the town’s report said because the alleged behavior occurred more 1½ years earlier, disciplinary charges would be untimely under the civil service law.
The report also recommended Benson "be notified of this finding and asked to undertake whatever action he deems reasonable and appropriate to minimize Sgt. Monaco's supervision of Officer Tucker and to prevent future incidents of sexual harassment," according to the court filing, and concluded Hyde Park's failure to act on Tucker's original complaint was "at variance with the town's sexual harassment policy," which should have required the complaint to be conveyed to the town compliance officer.
The suit also claims the report agreed with Tucker's allegations Caccia made "sexually oriented statements" and likewise recommended he be required to attend the harassment prevention counseling.
The suit lists one claim of how Tucker was retaliated against for bringing forth her concerns. In late December 2020 and January 2021, Tucker, Monaco and another officer were rotating the field training of a new officer. The suit claims during that time, Monaco made “outrageous statements” to the new officer that contradicted Tucker’s directives to the officer, and Monaco allegedly did so to retaliate against Tucker.
The suit alleges the town “knew or should have known of the discriminatory and retaliatory conduct and failed to take corrective measures within their control.”
Findings disputed
In December 2020, according to the suit, Monaco, through a lawyer, sent a letter to the Town Board and town supervisor objecting to the report's findings and said Monaco believed he didn’t make the statements attributed to him, but out of an abundance of caution he advised he had no recollection.
A year or more later, Monaco submitted a letter of resignation, effective Dec. 27, 2021, according to the Town Board meeting minutes of Dec. 28.
The reason for his resignation was not available.
The board, at that Dec. 28 meeting, approved a resolution that acknowledged his resignation and in which the board and town supervisor extended “their appreciation and gratitude toward Sergeant Martin Monaco for his years of dedicated service to the residents, the Town of Hyde Park, and the Hyde Park police Department.”
Michael P. McKinney is a breaking-news reporter with the Poughkeepsie Journal, the Journal News and the Times-Herald Record.
This article originally appeared on Poughkeepsie Journal: Police officer sues Hyde Park alleging gender discrimination
