Middletown officer sues town for retaliation after reporting former chief's wrongdoing

One of Middletown Police Department's highest-ranking female officers claims she became a target of discrimination after reporting misconduct by the town's former police chief, according to a federal lawsuit filed this week.

This misconduct, according to the lawsuit, includes the chief giving himself overtime compensation on a weekly basis and taking grant money designated for training, using it instead to pay for unauthorized equipment.

When complaints to her supervisor − then-Capt. William Texter − were ignored, Senior Lt. Christine Brenner went to Middletown Mayor Ken Branner, according to the lawsuit, and participated in an investigation of former police Chief Robert Kracyla's conduct. After Kracyla left the Police Department, the mayor and Town Council gave the chief's position to Texter, who continues "to perpetuate the discriminatory and hostile work environment that began with Chief Kracyla," according to the suit.

Kracyla, who was referenced in Brenner's lawsuit, but not listed as a named defendant, did not comment on Thursday, saying he'd not heard about the lawsuit until contacted by Delaware Online/The News Journal.

Neither Middletown nor police Chief Texter, both of whom are named as defendants, responded to requests for comment. Brenner's attorney also did not respond to a request for comment.

Brenner, in her lawsuit, said several of her civil rights were violated, including being discriminated against because of her gender and retaliation for reporting a discriminatory and hostile work environment.

Among some of what she is seeking through the lawsuit are lost wages, emotional distress damages and punitive damages to deter defendants and others from engaging in the conduct that prompted this filing.

The 17-page complaint states that Brenner has "suffered multiple panic attacks as a result of the discriminatory hostile work environment she was subjected to," as well as experienced anxiety and high blood pressure. She has also had to take several sick days, according to the lawsuit, and use the Family Medical Leave Act to get further treatment.

What created the 'hostile work environment'

According to the lawsuit, which was filed Wednesday in Wilmington's U.S. District Court of Delaware, Brenner was promoted to senior lieutenant in 2016 — the highest rank any female has held in that department.

Kracyla, who was appointed Middletown police chief in March 2019, "openly and repeatedly treated female officers less favorably than male officers," according to the lawsuit. This included Kracyla making discriminatory comments about females and creating a hostile work environment for female officers, the suit says.

When Brenner was removed from her public information officer duties, the lawsuit claims it was done because Kracyla believed the position would be better suited for "the better looking female." Additionally, the lawsuit states she was told her public information officer and social media duties were reassigned because she was “off playing mommy with her sister's kids and a PIO needs to be available."

The lawsuit also claims that during a hiring process of seasonal officers, Kracyla stated "we will hire that hot blonde" while referring to one of the candidates.

In late October 2020, the lawsuit claims Kracyla circulated a shirtless video of Israeli police forces working out and stated the department needed more recruiting videos similar to the one he shared. There were no female officers in the video.

The lawsuit also claims Kracyla stated it was "ridiculous" the department had two female senior lieutenants and that their rank was senior to male lieutenants.

Kracyla also, according to the lawsuit, made training a qualification for promotional opportunities, but would then prevent female officers from obtaining training, which the suit claims affected their chances of advancing.

No action taken by police leadership

On more than one occasion, Brenner states in the lawsuit, she reported to then-Capt. Texter that she and other female officers were uncomfortable with Kracyla working out in the gym without a shirt.

Texter, who the lawsuit said took no action regarding these complaints, stated Kracyla was the "chief and could do whatever he wanted.” Kracyla continued to work out without a shirt, according to the suit.

In another instance, the lawsuit claims a probationary male officer was arrested for drunken driving and providing false information regarding the accident. Yet when Brenner moved to fire the probationary officer, Kracyla and Texter reassigned the officer to administrative duty.

"He was permitted to receive his full salary, including holiday and COVID pay," the lawsuit claims.

Brenner said she was able to obtain a specific grant to provide lieutenants with a training program and it was agreed the two most senior lieutenants − both of whom were women − would initially attend the training conference, with the other two lieutenants − both of whom were men − to attend the following year.

After the grant funds had been approved, the lawsuit states Kracyla canceled the training and appropriated the funds to purchase unauthorized equipment.

Brenner said she told Kracyla the funds were designated for training and could not be used for any other purpose without the approval of the state, mayor and council.

"Chief Kracyla responded that he was the chief and could do what he wanted," the lawsuit states, adding the decision only affected training for female officers and not that of training for male officers.

While assigned to payroll duty, the lawsuit claims, Brenner saw that Kracyla was averaging over 20 hours of overtime per week. Believing the chief's position is unauthorized to receive overtime compensation, she reported this to Texter.

"Don't worry about it,” the lawsuit says Texter told Brenner. "It’s none of your business.”

Since Texter failed to address her concerns, Brenner said in the lawsuit that she then went to Mayor Branner, providing him with written and recorded evidence of Kracyla’s conduct, discrimination, creation of a hostile work environment and retaliation.

Kracyla leaves after investigation

After speaking to the mayor, who is not a named defendant in the lawsuit, Brenner participated in an investigation into Kracyla's conduct.

Brenner said she was not privy to the investigation's results and is not aware if Kracyla was discharged or disciplined, but her lawsuit states he was provided with a settlement and permitted to resign in March 2021.

According to Delaware Online/The News Journal articles, Kracyla retired on Dec. 31, 2020, after less than two years with the department. Mayor Branner announced the retirement at the Mayor and Town Council meeting on Jan. 4, 2021, and said Texter would serve as interim chief.

The mayor's office, at that time, declined to answer questions about why Kracyla left.

Background:Chief Robert Kracyla leaves Middletown Police Department

Because there was no disciplinary action taken against Kracyla, Brenner's lawsuit states he was permitted to maintain his police training certification and continue working in law enforcement.

Both Brenner and Texter applied for the open chief's position.

Following her oral board interview, the lawsuit states the mayor told the panel Brenner had participated "in getting rid of Chief Kracyla" and further advised her he would discuss her involvement with the panel after her interview.

Texter was made Middletown's police chief in March 2021, the lawsuit states.

"Mayor Branner was aware Defendant Texter had consistently acquiesced to Chief Kracyla's behavior and was part of the systemic problem of gender discrimination," the lawsuit said.

Discrimination and retaliation against female officers continue

The lawsuit claims that Texter has continued the discriminatory and hostile work environment that began with Kracyla.

As an example, the lawsuit said Texter told both female senior lieutenants that if they were to be appointed to the then-open captain position, they would be required to maintain their current job duties and responsibilities, as well as the captain's job duties and responsibilities. But when a lower-ranking male officer was promoted to the captain's position, Brenner said the new captain was not required to maintain his prior duties and responsibilities.

Texter, the lawsuit claims, continues to deny female officers various training opportunities while approving male officers to attend outside training for units that do not exist in Middletown Police Department. This includes allowing a male officer to attend training in Florida for a forensic lab even though the department does not have a forensic lab.

A female officer and female department staff were also tasked with planning a party for a retiring officer, while no males were assigned to this job.

Texter, according to the lawsuit, denied training in Florida for Brenner and two female civilian officers due to alleged funding issues.

Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3.

This article originally appeared on Delaware News Journal: Middletown police officer sues town, chief for gender discrimination