Sexual harassment complaint over councilor's Facebook comment dismissed

Matt Curatolo, Watertown Daily Times, N.Y.
·2 min read

Dec. 6—OGDENSBURG — A New York State Division of Human Rights investigation based on a sexual harassment complaint filed by the executive director of the Ogdensburg Public Library against a city councilor found no probable cause and was dismissed.

The complaint stems from a Feb. 26 Facebook comment by Councilor Steve Fisher on the Friends of the Ogdensburg Public Library page in reference to library executive director, Penny Kerfien, which was posted in response to an update about the library funding referendum set to appear before city school district voters in May.

Mr. Fisher's post, which was later deleted, stated "Penny she gotten a little bitchy. She's only worried about herself. Even when we gave them money it was never enough I hope it's voted down. It would reduce our tax cut of 10 per cent to 5. Let's not forget we pick board members. I won't!"

The library's Board of Trustees sent a sexual harassment complaint to the city of Ogdensburg and Ms. Kerfien filed another complaint with the state Division of Human Rights.

According to a letter from the state Division of Human Rights, Ms. Kerfien has "failed to state a claim that the Division of Human Rights can investigate."

The complaint was dismissed because she had failed to establish employment jurisdiction, nor was Mr. Fisher Ms. Kerfien's employer; since Mr. Fisher made the statement while as a city councilor he is not subject to review by the state agency; and that the city's decision about funding the library, as part of a government function, is not an action that is covered under the New York State Human rights law, according to the letter.

"From advice from counsel I have no comment at this point," Ms. Kerfien said when reached for comment. She said that she had received the letter earlier on Monday.

Mr. Fisher said that he didn't think that the complaint had merit and believed it should never had been filed.

"It was a complaint that should never have been filed," said Mr. Fisher. "There was no basis for a complaint."

In a news release issued Monday afternoon, City Manager Stephen P. Jellie stated that the city appreciated the "thorough and definitive dismissal decision from the Division of Human Rights in this matter."

"From the onset, the City of Ogdensburg and Councilor Fisher recognized and apologized for the personal impacts of what was thought to be a private conversation inadvertently being made public and it looks forward to continuing the progress being made to restructure and gain economic efficiencies at the Ogdensburg Library," Mr. Jellie stated.