CITY OF HARTFORD OFFICE OF THE CORPORATION COUNSEL ‘550 Main Street Hartford, Connecticut 06103, ‘Telephone: (860) 757-9700 HOWARD G. RIFKIN Fax: (860) 722-8114 ALEXANDRA D, LOMBARDI Corporation Counsel www hartford gov Deputy Corporation Counsel June 2, 2017 ‘VIA HAND-DELIVERY TO: ‘Thomas J. Clarke II, Council President 550 Main Street Hartford, CT 06103 RE: Blue/Kirkley-Bey Investigation Dear Council President: ‘The Office of the Corporation Counsel engaged an independent third-party to investigate allegations made by City of Hartford employees Kenneth Blue and Kelly Kirkley-Bey, arising out of several incidents occurring in January and February of this year, ‘The City has received the final report of the independent investigator, which is attached hereto. ‘The investigation found substantial evidence to support the finding that Ms. Kirkley-Bey engaged in behavior that constitutes serious misconduct and violates several City of Hartford policies and procedures, including the City’s Anti-Flarassment, Sexual Harassment, Zero Tolerance, and Workplace Violence Policies. Said behavior included, among other things, use of racial epithets, being under the influence of aleohol while working at a City event, and making unwelcome, inappropriate physical contact with Mr. Blue in an attempt to convince him to withdraw his complaints against her. Given the egregious nature of this misconduct, this office must recommend immediate termination of Ms. Kirkley-Bey from City employment. Corpofttion Counsel CC: Jo Winch, Councilwoman 2 John Bazzano, Town and City ClerkCONFIDENTIAL Internal Investigation Report To: Alexandra Lombardi Deputy Corporation Counsel City of Hartford From: Robert Hinton Pullman & Comley, LLC Date: ‘May 25, 2017 Re City of Hartford Investigation re Kenneth Blue and Kelly Kirkley-Bey L estigation Summary ‘The City of Hartford retained the undersigned independent counsel fo conduct an intemal investigation regarding three workplace incidents that occurred between two City of Hartford employees: Kenneth Blue (“Mr. Blue”) and Kelly Kirkley-Bey (“Ms, Kirkley-Bey”). The first ‘workplace incident occurred during the moming of January 12, 2017, and centers on Mr. Blue’s ‘threshold contention and charge that Ms. Kirkley-Bey purposely accelerated her car to a high. rate of speed and purposely drove her car in a threatening manner toward or near Mr. Blue while ‘Ms. Kirkley-Bey was exiting the paring lot at City Hall. (The first workplace incident shall be refetred to herein as “the Parking Lot Incident.”) The second workplace incident also occurred on January 12, 2017, and centers ona verbal altercation that fook place between Mr. Blue and Ms. Kirkley-Bey during a meeting at City Hall where the Parking Lot Incident was being discussed. (The second workplace incident shall be referred to herein as the “Verbal Altercation Incident.”) The third workplace incident took place during the evening of February 3, 2017, at the “Honor Our Own Black History Celebration” event that took place at City Hall. The third ‘workplace incident ceaters on Mr. Bluo’s threshold contention and charge that Ms. Kirkley-Bey sexually propositioned him and made inappropriate and unwelcomed physical contact with him that evening. (The third workplace incident shall be referred to herein as the “Sexual Advance Incident.”) ‘The undersigned counsel makes the following threshold factual findings, which will b discussed in further detail herein: 1, That there is insufficient evidence fo substantiate Mr. Blue’s claim that Ms. Kirkley-Bey purposely drove her car toward him in a threatening manner;2, ‘That Ms. Kirkley-Bey was the agitator in provoking the Verbal Altercation Incident in which Ms. Kirkley-Bey repeatedly called Mr. Blue a “clown-ass nigger” and where Ms. Kirkley-Bey had to be physically restrained by Hartford Police Officer James Barrett; and 3. That Ms. Kirkley-Bey made unwelcome and inappropriate physical contact with Mr. Blue ina purposeful attempt to convince Mr. Blue to withdraw his complaint against Ms. Kirkley-Bey. IL, Scope of this Investigation ‘The investigation has been conducted by conducting numerous witnesses, and by analyzing and reviewing mametous written statements. The following witnesses were interviewed by the undersigned during the course of the investigation: Jose Abelo Officer James Barrett Kenneth Blue Tanice Castle Marilyn Cruz-Aponte Oscar Johnson Kelly Kirkley-Bey Jose Mora Hon. rJo Winch ‘The following documents were reviewed during the course of this investigation: * Statement of Kea Blue regarding events occurring at City Hall on Thursday, January 12, 2017 (attached hereto as Exhibit No. 1) + Statement of Kelly Kirkley-Bey dated Jenuary 17, 2017 (attached hereto as ExhibitNo. 2) ‘© Hartford Police Department Incident Report for Case # 17-1211 signed by Officer James Barrett (attached hereto as Exhibit No. 3) «Hartford Police Department Incident Supplement for Case # 17-1211 signed by Officer James Barrett (attached hereto as Exhibit No. 4) * Statement of Incident from Councilwoman 1Jo Winch (attached hereto as Exhibit No. 5) Statement of Janice Castle dated January 18, 2017 (attached hereto as Exhibit No. 6)+ E-mail from Oscar Johnson to Petrel Mayior sent Saturday, February 4, 2017 at 11:20 am, (attached hereta as Exhibit No. 7) ‘© E:mail from Oscar Johnson to Thea Montanez sent Monday, February 6, 2017 at 4:18 p.m, (attached hereto as Exhibit No. 8) * City of Hartford Personnel Rules and Resolutions (attached hereto as Exhibit No. 9%) + City of Hartford Anti-Harassment Policy (attached hereto as ExhibitNo. 10) ‘* City of Hartford Sexual Harassment Policy (attached hereto as Exhibit No. 11) * City of Hartford Workplace Violence Policy (attached hereto as Exhibit No. 12) IH ‘Threshold Allegations, Contentions and Points in Dispute A. ‘The Parking Lot Incident Mr. Blue contends that Ms. Kitkley-Bey looked directly at him in a smirking manner as she drove her car at a high rate of speed as she was exiting the City Hall parking lot. Mr. Blue contends that Ms. Kirkley-Bey was either trying to hit him or trying fo scare or intimidate him, Mr. Blue filed a complaint with City of Hartford Police Department about the incident. (See Exhibit 3.) Ms. Kirkley-Bey contends that she exited the parking lot in her car without incident and. did so both lawfully and properly. Ms. Kirkley-Bey denies that she drove her ear in any manner 10 intimidate or scare Mr. Blue, Ms, Kirkley-Bey believes that the Parking Lot Incident is a complete fabrication by Mr, Blue and is nothing more than an attempt by Mr. Bluc to retaliate and punish Ms. Kirkley-Bey because Ms. Kirkley-Bey’s boss, Councilwoman rJo Winch, had complained to the Department of Public Works that the office cleaning services for the Council Office, (which falls under the purview of Mr. Blue’s supervision and responsibility), were performed poorly and inadequately. B. The Verbal Altercation Incident The Verbal Altercation Incident stems from a meeting that was in the process of being conducted in Mr. Blue’s office known as the “DPW office.” Attendees at that ‘meeting were Officer James Barrett, Mr. Blue, and Councilwoman rJo Winch. Mr. Blue contends that while that meeting was being conducted, Ms. Kirkley-Bey abruptly entered the DPW office in an unprovoked, uncontrolled and enraged state, and that she then immediately commenced a yerbal tirade against Mr. Blue by repeatedly calling him a “motherfucker,” a “bum-ass nigger,” and a “clown-ass nigger.”‘Ms, Ritkley-Bey contends that she was the one verbally assaulted and threatened by Mr. ‘Blue when she simply stopped by to step into the meeting in order to let Councilwoman Winch know that she was leaving for the day. Ms. Kirkley-Bey contends that Mr. Blue said to her in. ‘threatening manner, at least several timcs, “I'm going to see you,” and also yelled at her “fuck ‘you, you crack head bitch, fuck you!” Ms. Kirkley-Bey categorically denies ever using tho term nigger toward Mr. Bluc or that, she ever used profimity toward him. C. ‘The Sexual Advanee Incident Mr. Blue contends that Ms. Kirkley-Bey tried to kiss him and inappropriately made physical contact with him by affectionately hugging him and attempting to place his hands on her breasts and between her inner thighs. Ms. Kitldley-Bey contends that she and Mr. Blue engaged in an amicable bug that was ‘mutual, and she did not make any inappropriate contact with Mr. Biue and that she also did not proposition him or in any way harass him or try to seduce hin, IV. The Investigative Findings A. Findings of Fact: The Parking Lot Incident ‘There is insufficient evidence for the undersigned to substantiate Mr. Blue’s contention ‘that Ms. Kirkley-Bey purposely drove her car in a threatening manner in his direction, The Hartford Police Department investigated this claim and also found insufficient evidence to support the claim. City employee, Janice Castle, was in the parking lot at that time, and indicated that she observed Ms. Kirkley-Bey pull out of her parking space and watched Ms. Kirkley-Bey’s car pass Ms, Castle’s car, and did not observe anything unusual. Furthermore, another City employee, Jose Abelo, was standing next to Mr. Blue when Ms. Kirkley-Bey's car passed by him and exited the parking lot. Mr. Abelo indicated that Mr. Blue said to him: “Did you see that? She tried to hit me.” Mr, Abelo did think that Ms. Kirkley-Bey was exiting the parking lot “a little bit fast,” but did not believe that Ms. Kirkley-Bey was trying to hit Mr. Blue. ‘Therefore, the undersigned concludes that there is insufficient evidence to support Mr. Blue's claim regarding the Parking Lot Incident. Insofar as Ms. Kitkley-Bey contends that Mr. Bluc purposely fabricated the Parking Lot Tncident in order to retaliate against Ms, Kirkley-Bey for complaining about the maintenance section not satisfactorily performing their duties, the undersigned finds insufficient evidence to support that claim as well. 2 The undersigned counsel understands Ms. Kinkley-Rey"s interpretation of the phrase “I'm going to see you,” 0s, slang for meaning Tam going to find you and cause you physicel har,B. Findings of Fact: The Verbal Altereation Incident “The undersigned finds that Ms. Kirkley-Bey precipitated a workplace disturbance by barging into a meeting and shouting at Mr. Blue that he is a “clown ass. nigger.” In making this finding, the undersigned counsel finds the testimony and details of Officer Barrett's Police Report to be credible and reliable: Shortly thereafter, myself, Kenneth Blue and City Couneil woman Rjo Wench were in Blue’s office discussing the alleged incident. Blue was sitting down calmly stating he believes the incident has now become personal when Bey suddenly opened the office door and shouted out “Your a Clown, Your a Clown, Your a Clown Ass Nigga.” At that time [intervened and told Bey to calm down and eave the office. I then escorted Bey out of the office into the hallway and advised her to come to my office which is located near the rear exit of the building. While escorting Bey down the ‘hallway she continued to yell and scream while brushing my arms away. At that time Blue entered the hallway and shouted out “You're a Crack Head.” This behavior caused other city employees who were alarmed and concerned to exist their offices. Both parties were then separated without further incident. Exhibit 4, ‘The undersigned counsel also notes that Officer Barrett viewed this verbal altercation as a breach of peace and that his focus was to de-esealate the confiontstion and ensure the safety and security of all individuals, both City employees and members of the public, who were present in City Hall at the time of this altercation. ‘The undersigned counsel finds that both Mr. Blue and Ms. Kirkley-Bey said things that ‘were inappropriate, offensive and inconsistent with the City of Hartford's Anti-Harassment Policy, The wrongful conduct of Mr. Blue and Ms. Kirkley-Bey, however, is not on equal terms. ‘While Mr. Bine did in fact say “fuck you, you crack head” to Ms. Kirkley-Bey, the undersigned counsel finds Ms. Kirkley-Bey’s conduct to be more egregious by barging into the mecting, repeatedly calling Mr. Blne a “clown-ass nigger” and thereby precipitating the verbal altercation between the two. C. Findings of Fact: The Sexual Advance Incident Both Mr. Blue and Ms. Kirkley-Bey were present at City Hall during the evening hours of Friday, February 3, 2017, while the “Honor Our Own Black History Celebration” event (the “Bvent”) was taking place. Mr. Blue, along with one of his maintenance workers, Jose Abelo, were providing maintenance support for the Event. Ms. Kirkley-Bey was present at the Event because she was assisting Councilwoman Winch run the Event. Ms. Kitkley-Bey and Mr. Blue came into direct contact that evening and Ms. Kirkley-Bey hugged Mr. Blue. Mr. Blue felt thehug was inappropriate and he was uncomfortable because she continued the hug for foo long and. wouldn't let him go. Mr. Blue stated that Ms. Kirkley-Bey was apologetic about what had happened and told Mr. Blue that she never had a problem with him. Later that evening, while Mr. Blue was in the DPW office, Ms. Kirkley-Bey came to the office, kmocked on the door and eame inside the office. Ms. Kirkley-Bey grabbed Mr. Blue, started to hug him, and tried to place his hands on her breasts and “in her lower region.” Ms. Kirlcley-Bey tried to kiss Mr. Blue on his mouth, but Mr. Blue was able to back away, and the kiss landed near Mr. Bluo’s eyes. Ms. Kirkley-Bey said to Mz. Blue what can I do to fix this, and told him that they would go out and have dinner together. Security Officer Johnson then came down the stops to the DPW office and observed Ms. Kirkley-Bey trying fo kiss Mr. Blue. ‘Mr. Johnson also observed Ms. Kirkley-Bey smack Mr. Blue's butt as they were walking up the stairs and leaving the office. While Ms. Kirkley-Bey denies any inappropriate contact ot conduct toward Mr. Blue, the undersigned counsel finds Ms. Kiskley-Bey’s testimony to be less than credible, and instead relics on the testimony of Mr. Blue, which is corroborated by the testimony of Security Officer Johnson. “The undersigned also finds that Ms. Kirkley-Bey was under the influence of alcohol during the evening of the Event, based on the statements of Mr. Abelo, Mr. Johnson and Mr. Blue, all of whom expressly indicated that they smelled a strong odor of alochol ‘ror Ms. Kirkley-Bey and that they witnessed her slurred speech and erratic behavior that evening. Lastly while the undersigned finds that Ms. Kirkley-Bey’s conduct is inappropriate and implicates the City of Hartford Sexual Harassment Policy, the undersigned counsel makes no legal conclusions as to whether such conduct violates state or federal laws. V. Conclusion In conclusion, the undersigned finds that both Mr. Blue’s and Ms. Kirkley-Bey's conduct, in connection with the Verbal Altercation Incident implicates the City of Hartford's anti- ‘harassment policy, and that Ms. Kirkley-Bey’s conduct was more egregious than Mr. Blue's condnet because she instigated the altercation and used a racial epithet. The undecsigned further finds that Mr. Blue’s claims in connection with the Sexual Advance Incident to have merit. Based on the evidence considered by the undersigned counsel and aforementioned findings of fact, itis recommended that the City of Hartford consider remedial and/or disciplinary measures toward both Ms. Kirkley-Bey and Mr. Blue. Itis further recommended that any such disciplinary measures or action against Ms. Kirkley-Bey be more severe than any such disciplinary measures or action against Mr. Bluc. Robert C. Hinton Pullman & Comley, LLC ACTIVE16083.15 RHINTONISEO1723V1 6Statement of Incident on about January 12, 2017 from approximately 11:30am to 3:30pm To: Director of DPW, Marilyn Cruz Aponte and To Whom it May Concern From: rJo Winch, Councilwoman, City of Hartford |, rJo Winch, a member of the Court of Common Counell in the City of Hartford, was approached by Officer Barrett in my office. He informed me that he had received a complaint from Kenneth Blue, a worker/supervisor and Union President of DPW, City of Hartford; that Kelly Kirkley-Bey also of the City of Hartford had tried to run him over in the back parking lot of 550 Main Street. Prior to Officer Barrett coming to my office, | had spoken to Mr. Vernon Matthews, DPW Superintendent to inform him of my disappointment to the services to which we were receiving as it related to the cleanliness of the office. Kelly overheard me talking to him and expressed that every time she commented on the lack of services being performed by DPW, Mr. Blue would go off on her (speaking to her in an abrupt unprofessional manner). She further stated to Mr. Matthews that she hoped his conversation with Mr. Blue would not result in Mr. Blue rudely addressing her in the manner to which he had on several other occasions regarding this same matter. She left to go to the State Capitol to run errands. ‘After which Mr. Barrett came to my office to inform me of the above complaint. | contacted Kelly on her cell phone. She was on her way back to City Hall. She showed up as myself and Officer Barrett were in the back of the building checking on the location where Mr. Blue said the incident occurred. She showed us where she was parked and what her direction of travel was as she passed Mr. Blue, another maintenance worker and other vehicles parked in the tight parking lot. | suggested we go to talk to Mr. Blue to see if he could resolve what | felt must have been a misunderstanding. Itis my understanding that Kelly and Council President Thomas Clarke II, had been dealing with this for a couple of months. She stated to me on several occasions the attitude of Mr. Blue when asked about the office. | thought this was being handled by the Council President. Therefore, | was willing to leave it alone until | came in on Thursday, January 12, 2017, morning and again my office had not been vacuumed Kelly arrived on or about 3pm, just as Officer Barrett and | were looking over the area where the alleged incident took place. | said to him, it would be very difficult Page Lof2to do anything back there other than drive straight out considering where the concrete stairs are and the placement of other cars. I suggested to Officer Barret that we go and talk to Mr. Blue to see if we could peacefully resolve this situation. We walked to his office. He was sitting at the desk. I sat in the chair in front of him and asked what happened? His reply was that it was personal. | explained to him that this should be a matter of how we resolve the offices not being cleaned. Again, his reply was, this is personal. Myself and Officer Barrett entered the Maintenance office of Mr. Blue. | asked him in his opinion of what he thought had happened. His response to me was that this was personal. | assured him that | merely wanted to gather information to find out why his staff was not being responsive to her calls and emails about cleaning my office and to understand why he felt it necessary to contact the police officer and say that Kelly had tried to run him over in the back parking lot. I got up and attempted to leave the office when Kelly walked in. | was still attempting to get Mr Blue to understand my interest was in getting my office cleaned when he continued to tell me that this was personal. This is when Kelly stated that is okay because | don't talk to clowns. We then proceeded to walk towards the elevator. Before we could reach the elevator Mr. Blue came behind us and shouted to her, “I'll see you”. | Asked, “What does that mean?” He continued, “You crack head bitch,” he said. | informed him and her there was no need for name calling. This is about office work. Officer Barrett got between him and | as | was behind Kelly who had also not yet reached the elevator. She repeated, “Okay, | don’t talk to clowns.” We got in the elevator and went back to the office. Kelly later informed me that Janice Castle was in her car at the time of the incident. | came out the office to talk to Janice and she also informed me that she saw Kelly drive out of the parking lot. She said that she had to back up to let Kelly get out. She did not hear any raving up of the engine nor speeding, nor veering off the straight away to exit the parking lot. She also suggested that anyone could view the tapes to see what had happened. | certify that the above is to best of my recall of the incident being report. wel rJaWinch Page 2 of 2To: From: Date: RE: Councilwoman Winch Kelly Kirkley-Bey January 17, 2017 DPW Incident T am not sure what happened between Blu and myself, He used to come to the Council Office and ask me fo relay information to the Couneil President regarding the union negotiations, Back in November 2016, Councilwoman Winch, called DPW and asked them to vacuum her office. ‘There was no response and neither was the office cleaned. ‘Then Councilwoman talked to the Council President and Clerk John Bazzano to have the maintenance staff clean her office ‘After the Thanksgiving break of 2016, I sent an email to Petrel Maylor (please see attached email) asking her if we could get someone to vacuum the Council Office. Tshorly after received a phone call from Petrel, she said she had talked to Blue and he said that maintenance does vacuum the office and I am the only one complaining. He then said he was going to have the camera tape pulled to prove me wrong. I told Peirel he should have the tapes pulled because he would then see his staff is not cleaning the Council Office. Two days later, maintenance look at Councilwoman Winch’s Office with Shelly Jackson and agreed that her office needed to be vacuumed. Not only was I targeted other council staff had to deal ‘with either the maintenance staff not speaking to us anymore or speaking to them ina poor manner. As shown in the attached emails I called Petrel and Marilyn to call me regarding this small walk through. [ did talk to Petrel and we thought we had an understanding moving forward. I did not talk to Marilyn at this time. January 12, 2017, around 9:30 a.m, Councilwoman Winch was in her office talking to Vern (ftom DPW) regarding the problems the Council Office was having with DPW. Lasked her to put Vern on the speaker phone so I could have all 3 of us talking on the phone. I told Vern, PLEASE do not have Blue come and retaliate on me after Councilwoman Winch was complaining on the phone with him. He stated that I did not have anything to worry about and Blue will not retaliate on me. Around Noon, I had to go to the State Capitol. I parked in the rear of City Hall. Tt isa very tight space, When I went downstairs to get into my car. I noticed a DPW van parking and Blue got out of the van and stood next to Mayor Bronin’s car, a DPW worker — Jose, with a podium on a pully, Janice Castle and her staff were in a Cily Car going to an event, the car that Janice was driving was blocking my car,so I asked Janice to move her car so I ean get by to get out of the slippery, snowy driveway. I said hello to everyone one in the driveway. Janice moved her car. As T was leaving the driveway, I had to drive pass Jose with the podium on the pully and Blue standing on the side of Mayor Bronin’s car. [left and went to the State Capitol without incident. Around 3:00 p.m, I received a phone call fom Councilwoman Winch and she said that Hartford Police Office Barrett was looking for me because Blue filed a report stating [ tried fo run him over Trushed back to City Hall and called Officer Barrett and Councilwoman Wineh to meet me in the back of the building where alleged incident was reported to have happened. 1 showed bim where my car was parked and where everyone else was. T asked how can I run someone over when there is clearly NOT enough space to move around without hitting the concreate stairs in the back, He preceded to tell me what Blue said to him and he wanted to hear my version. I told him all I did was exit the rear of the building and saw that Janice Castle car ‘was blocking my car, Jose had a podium on a pulley on the rear stairs of City Hall and that Blue was standing on the side of the Mayor's car and DPW truck parked in one of the spaces... Janice moved her car so I can exit and I exited WITHOUT INCIDENT. Officer Barrett seid he was going to talk to Janice Castile to ask her what happened. He did and she stated to him that she moved her car for me to exit. She said she did not hear any revving of the engine nor did she see an incident, When he asked Blue about Janice, Blue did not tell the truth, he said Janice Castile was not there she was already at the Mayor's event. When the Officer asked her again she said YES I was in the back of the building when Kelly left because I had to move my car for her to leave. So after doing his investigation Office Barrett asked Councilwoman Winch and myself (Wwe were all standing outside of Officer’s Barrett office on the Ground Level) if we could go to Blue’s Office and talk this out. I said I would not go over there because I did not want to cause any more problems. Blue is just retaliating on me because of the conversation Councilwoman Winch had with Vern earlier today. ‘They left and went fo Blue’s Office. I walked out to the rear of the building and called Vern on the phone and told him all that had just went on. He was very upset to hear that Blue was retaliating against me just like I said he would. As I was on the phone with Vera Jose was leaving the building I put the phone on speaker phone and asked Jose did I try to run Blue over and he said NO. As Jose stated that ‘Marilyn walked up the rear of the building. Thad Vern, Marilyn, Jose and myself all on speaker phone. I told Marilyn a quick version of what happened that day and then I asked Jose again DID I TRY TO RUN BLUE OVER IN THE PARKINGLOT -HE RESPONEDED AGAIN —NO. She told Vern to have Petre! call Blue to set up @ meeting with him and Marilyn the next morning (which was Friday, v13/17). After talking to Marilyn, I walked over to Blue’s office to let Councilwoman Winch, know that I was leaving, He was being argumentative with the Councilwoman as Tentered the door. As soon as he saw me he blew up started yelling and screaming atme, [told Councilwoman Winch I am leaving and look and him and smiled and said “You are acting like a clown”. Councilwoman Winch and I left his office, A ‘few seconds later, he comes storming out of his office after me screaming “FUCK ‘YOU YOU CRACK HEAD BITCH, FUCK YOU. He is charging at me stated this loudly several times, Office Barrett had to restrain him from getting to me. Now if we left his office, why is he a Union President charging after me? Why? Councilwoman Winch tamed around and said to him Wow you don’t have to call het any names and the next thing out of his mouth is “I’M GOING TO SEE YOU. —P'M GOING TO SEE YOU“. Ttumned to Couneilwoman Winch and Officer Barrett and said Now he is threating, me. Later the next day I was talking to Officer Barrett outside of his office, Blue comes around the comer— Blue starts all over again with threating language — I'M GOING: ‘TO SEE YOU, once again in front of the Officer. I tumed to Officer Barrett and said he is threating me again, To make the peace | exited out another way so I did not have to run into Blue existing the building. Lam not sure how this escalated. All of this just because the Councilwoman asking them to vacuum her office. [am not sure what is problem is but is MUST STOP. ‘Then today, I walked out of the Council Office several times to talk on my phone and | observed Blue talking to folks in the building about what happened. I know this because every one of them approached me and told me what he said. Thea Montanez. was one of these people, Councilwoman Winch and I told her what happened and she staied that this needs to STOP. She said that Blue told her ail of the noise making was outside of the Council Chambers but this is not true ~ it was outside of Blue’s office — another false statement made by him. called Marilyn and let her know that Blue is still talking excessively about this situation and can he please stop. Tam being harassed and retaliated on by Blue because the maintenance is not performing their duties. 1 am tired of being picked on and harassed, when I have not had a discussion regarding the vacuuming of the office with Blue. Councilwoman Winch has made several complaints and they all have fallen on death ears as of today — January 17* her office still has not being vacuumed.I do not understand his anger all of a sudden — up until Councilwoman Winch’s 1% complaint he use to give me information to give to Council President Clarke He NEVER (Blue) came to check to see if his maintenance worker were cleaning the Office (per orders from his supervisor's) — he just started to harass and pick on me. He never had a conversation with myself or Councilwoman Winch so Iam unclear on how we were harassing him. ‘What kind of behavior has he shown? Filing false statements ex: Janice Castle was not there when clearly she told the Officer she was. Telling Thea that all the arguments were outside of the Council Chamber and it was not. This is scary behavior, All Lam doing is what was instructed to do, if Blue or anyone else in DPW had any issues they should have reached out to Councilwoman Winch, Couneil President Clarke, or Town Clerk John Bazzano long before this escalated to this point. Blue has tured this all into something personal, it's NOT, it’s the Councilwoman asking for her office to be cleaned. It’s not personal — its professional business. All want is for him to stop talking about me, leave me alone, there is no reason for either one of us fo communicate with each other. I know also for a fact we are not the only office complaining about the maintenance staff not cleaning the offices, Lastly, I only sent one email to Petrel asking for them to vacuum the office. ‘All other requests were given to Shelly Jackson. Council President and Clerk Bazzano also have made attempts to try to get this office cleaned. Exedhtive Assistant Office of Councilwoman WinchStatement of Ken Blue Regarding Events Occurring at City Hall on Thursday January 12, 2017 Statement taken by David Tanner on 1/17/2017 and drafted for review on 1/18/2017 Statement signed on 1/19/2017 Members of the custodial division of the Department of Public Works have received positive comments from members of staff serving the City Council since the new members took office. Support staff have approached custodial staff with special requests that have caused delay and deviation from regularly scheduled tasks. These requests have been responded to and accommadated as best as possible. In stark contrast to these positive and respectful exchanges, Ms. kirkley-Bay’s has continually made negative comments, complaints, and demands. As team leader |have been particularly subject to comments and demands. This situation has evolved into an intensely disruptive situation between myself and one member of this support staff, Ms. Kelly Kirkley-Bay. Ms. Kirkley-Bay’s conduct has evolved from a distraction, to harassment, and now presents a degree of hostility that requires meaningful and lasting resolution, “The initial event where such conduct was exhibited occurred in February while the DPW City Hall custodial team was assisting with preparations for the Black History Month celebration. The custodial tea attended and supported these preparations; however, | eventually indicated we had to leave to continue servicing the building. Ms. Kirkley-Bay began directing staff to assist her with specific tasks and not leave, Upon being informed that the division had other responsibilities that had to be attended to, Ms. Kirkley-Bay became uncontrollably enraged. Her conduct was verbally abusive and at one point yelled at the team: "if was your boss'' fire all you motherfuckers." DPW staff did not engage IMs. Kirkley-Bay and did their best to ignore her hurtful comments. Between February and November Ms. Kirkley-Bay continued to engage myself and my staff with continual comments regarding a lack of cleanliness and generally “filthy” conditions in the area of City Hall assigned to Council. These comments intensified following the elimination of second-shift service in July due to city-wide cost cutting measures. ‘Ms, Bay was informed that the City Hall custodial program had been reduced to one shift and that this might have an impact on the level of service. Further, necessary day-shift services, such as vacuuming in the space, might toa degree be temporarily disruptive. Ms. Kirkley-Bay then proceeded to repeatedly demand reassignment of staff. She specifically engaged staff complaining as follows: "What happened to the black guy that cleans the building in the evening? Why do \we have the Spanish guy here, why can’t we get the Black guy back here?" Ms. Kirkley-Bay’s words were racially derogative and highly-offensive given the level diversity and mutual respect achieved within the custodial division, the public works department, and the union. Despite Ms. Kirkely-Bays attempts to incite staff, members of our team have always walked away. Upon encountering complaints in November that cleaning services had not been completed, it has been offered to Ms. Kirkley-Bay that security video is available and can be reviewed to ensure the schedule had been followed. IMs, Kirkley-Bay’s conduct became more intensely focused on myself over time, This seemed to center on the fact that | ‘was unwilling to share confidential information regarding the ongoing union negotiations with the Mayor. During these interactions Ms. Kirkley-Bay would frequently expressed anger and begin ranting regarding a general distrust of the Mayor by Council members. On one occasion | encountered Ms. Kitkley-Bay in an obvious state of intoxication at the Christmas Tree Shop located in Manchester. Ms. Kirkley-Bay drew attention to herself by loudly declaring that the Mayor was a "motherfucker ruining the city" and that Ken should come to her office for help handling issues. This interaction was unwanted and unjustly projected an agenda of insubordination and distrust of City leadership on myself and the union I represent in a very public setting Ms, Kirkley-Bay’s conduct has since hecome vengeful as exhibited during the December toy drive event held at City Hall in late December. Ms. Kirkley-Bay began engaging persons in line waiting to donate toys asking that they complain about myself and the limited number of toys that were donated. This was particularly hurtful and negatively impacted an otherwise joyous charitable holiday event. These incidents of harassinent have since arisen to physically threatening behavior as evident by the event that occurred on January 12 at City Hall. | arrived at the East entrance of City Hall with Angel Augusto at approximately noon. Mr. Castro and myself were responding to an urgent request by Janice Castle to relocate the Mayor's speaking podium for apress event. As we entered the lot we parked the van perpendicular to two open spaces adjacent to the entrance as depicted below. Jose Abello was at the stairs to the building with the podium. As | exited the vehicle and proceeded across the lot heard a rewing engine and sensed a vehicle moving quickly toward me. As | stepped up onto the platform | looked back and saw Ms. Kirkley-Bay driving a grey Buick sedan moving past me at a high rate of speed before ‘turning and exiting the lot. Ms. Kirkley-Bay was looking directly at me smirking and was Kenly aware of my presence ‘and the close proximity of her vehicle and my person. After Ms. Kirkley Bay left the lot | engaged Jose about what he saw. He indicated Ms. Kirkley-Bay had pulled out of the handicapped space at the end of the parking lot and had accelerated toward me. He indicated that it appeared threatening. immediately spoke to my Director regarding the incident at the press event. | then spoke to Council President TI Clark who was also attending the press event. Mr. Clark said he had spoken with Ms, Kirkley-Bay and her Council member about bullying and would speak with her again. Following these conversations | spoke with Deputy Chief Brian Foley also at the event regarding how to proceed and if this was a police matter. Deputy Chief Foley directed me to speak with Officer James Barret who is assigned to City Hall. Following the press event, | returned to City Hall to deposit the podium and resume duties. | spoke to Officer Barret at approximately 2 PM who took my information. Officer Barret indicated he would look into it and complete a report. Officer Barret followed up with Mr. Abello in the maintenance office. Jose confirmed the details of the event and expressed concern with getting involved. | then followed Officer Barret to his office at which point he expressed frustration that Mr. Abello refused to cooperate with a formal statement. Officer Barret then left and sald he would speak with Council Member Winch. Officer Barret later returned to the office with Council Member Winch. Officer Barret indicated he had spoken with Council Member Winch and Ms. Kirkley-Bay. Further, he indicated that Council Member Winch and Ms, Kirkley-Bay had spoken with Mr. Abello and he said he hadn't seen anything. Ms. Kirkley-Bay then entered the office in an uncontrolled and enraged state. She stood above me on the stairs pointing down and repeatedly yelling that | was a "Mother Fucker" and a"Bum-Ass Nigger." These horrifcally offensive, hurtful, and degrading words were repeated roughly 6-8 times andinterspersed with statements regarding the level and nature of my position being below that of Ms. Kirkley-Bay. She expressed this by yelling statements such as, "you are not on my level," "you are beneath me,” and generally that ‘I know who she is.” During the altercation Officer Barret positioned himself in front of Ms. Kirkley-Bay and began moving her toward the door. | then proceeded to stand and move to follow them out the door to go punch out. Ms. Kirkley-Bay began reaching toward me around the officer in a threatening manner as if though trying to get past the officer. She continued her verbal assault as she was removed from the office and ushered down the hall toward the elevator. Iwas appalled at her ongoing behavior in the midst of an open and highly public setting, It was at this time that | became emotionally ‘overwhelmed and responded in defense and out of frustration with the words: "fuck you, you crack-head." Jose Mora approached me after | punched out. He indicated he saw the altercation while using the ATM machine. It looked to him as though Ms. Kirkley-Bay was fighting / resisting the officer. | then went back into the office to get a water. Following this I went to Officer Barret's office to ensure that the events would be reduced to a report. Unbeknownst to me, Ms. Kirkley-Bay was at that time in the office. Officer Barret asked me to wait outside. As! stepped outside | heard Ms. Kirkley-Bay say “'m not afraid of him, l'llfuck him up." | then went to the rear door of the building to determine if my wife had arrived to commute home. | saw Ms. Kitkley-Bay exit through another door. 1 retumed to speak with Officer Barret and expressed concern about the occurrence and asked him to generate a report of his observations. Officer Barret indicated he draft a report but commented that it was not a police matter; rather, a employment / HR matter. Officer Barret indicated that he was trying to avold anyone being arrested asa result of the altercation. By signing below, | do attest and certify that the foregoing statement is truthful and accurate. Kenneth W. Blue Date