Afladavit of Christene Mertes March 22, 2019 1 2. nae My name is Christene Mertes and I reside at The respondent is the Hartford Police Department; more specifically Chief David Rosado, Assistant Chief Jason Thody and Assistant Chief Rafael Medina, The Hartford Police Department is located at 253 High Street, Hartford, Ct 06103 ‘The Hartford Police Department employs approximately 400 sworn officers and numerous civilian employees. Thave worked at the Hartford Police Department since June, 2001. Lam currently assigned to the Patrol Division as a Patrol Commander. Thold a Juris Doctorate degree from the University of Conneticut School of Law and a Masters Degree in Economics and Public Policy from Trinity College. Thave held the rank of Police Lieutenant since December, 2012. I provide the following allegations: a. TamaSI year old female b. During the spring of 2018, I tested for the position of Police Captain through an independent promotional testing process. ©. Atthe time of the testing, there were five vacancies for the position of Police Captain, d. During the summer of 2018, the rumor throughout the police department was that ! had come out number one or number two on the promotional examination. ¢, Onor about August 17, 2018, Assistant Chief Medina ordered Deputy Chief Joseph Buyak (now retired) to conduct an investigation of me, claiming that I had violated the department’ social media policy by posting a MME on my personal Facebook page while off-duty. £ On or about August 20, 2018, Deputy Chief Joseph Buyak met with me and concluded that I offered a reasonable explanation to the allegation. He subsequently advised me that he had closed out the matter by documenting our conversation and that nothing further would occur. g, During that meeting, I expressed to Deputy Chief Buyak my belief that the only reason this matter was brought up was because I was a female who was up for promotion and was selectively being targeted. I also discussed my belief that he was ordered to conduct the investigation because of a personal vendetta against me which has created a very difficult working environment. h. Despite the fact that Deputy Chief Buyak advised me that the matter was closed, on or about August 28, 2018, Assistant Chief Medina ordered Deputy Chief Buyak to re-open his investigation. Assistant Chief Medina further directed Deputy Chief Buyak to advise ‘me that I would be disciplined pursuant to this matter even before the follow-up investigation had been completed, i, * As directed, on or about August 29, 2018, Deputy Chief Buyak obtained a report of disciplinary infraction from the department advocate and drafted a follow-up memorandum to Assistant Chief Medina dated August 30, 2018 which included my viitten answer to the follow-up questions. In my written answer, I restated my belief that Twas being targeted because of a personal vendetta against me that I had previously complained about, Furthermore, I articulated my belief that this investigation was being orchestrated as a way to block a possible upcoming promotional opportunity for me.v. On or about August 30, 2018, I received formal notification ftom City Hall that I ranked second out of nine on the Captain’s promotional examination, ‘On or about September 5, 2018, I received notification that Chief David Rosado felt that I had violated department poliey for my Facebook post and offered me a two day suspension, ‘On or about September 5, 2018, the Department Advocate (Lt Brian Bowsza, a white male,) explained to the Union President that I was found in violation of the department's social media policy because I had made a disparaging remark on my personal Facebook page about “men”, who he stated were a protected class. On or about September 10, 2018, I declined Chief Rosado’s offer and requested an expedited hearing pursuant to our department policies and the Collective Bargaining Agreement. On or about September 17, 2018, I interviewed with Chief David Rosado, Assistant Chief Jason Thody, and Assistant Chief Rafael Medina for the position of Captain, During that interview I discussed my desire to start a mentoring program for female officers so that they would fee! like they were a vital part of the organization. Daring the evening of September 18, 2018, Assistant Chief Thody notified me that T was being passed over for promotion but refused to provide me any explanation. He stated my remedy was to request a meeting with Chief Rosado, On or about September 23, 2018, the following personnel were promoted to the rank of Captain. They had ranked as number 1,3,4,5,and 6 after the promotional test: i. Ranked #1: Jeffrey Rousseau, who I believe to be a 41 year old white male, ii, Ranked #3: Ian Powell, who 1 believe to be a 39 year old white male. iii, Ranked #4: Glendaly Garcia, who I believe to be a 44 year old Hispanic female. iv. Ranked #5: Gabriel Laureano, who I believe to bea 38 year old Hispanic male, y. — Ranked #6: Michael Coates, who I believe to be a 48 year old white male. 1,a51 year old female, was the only Lieutenant passed over for promotion. All those who were promoted to Captain have received an increase in their base pay, have improved seniority and stature in the Department, are eligible for the vacant deputy chief positions, and have pending back pay On or about October 7, 2018, Captain Glendaly Garcia, filed for retirement, leaving a ’n’s rank which to date remains unfilled, despite an open eligibility Tremain on the Captain’s eligibility list, currently ranked number one, Number two on the eligibility list is another white female, Lieutenant Rebecca OShea. On or about October 12, 208, I met with Chief Rosado and learned that the only reason T ‘was passed over for promotion was because of the open investigation. On or about March 11, 2019, { leamed that Assistant Chief Thody may have discussed my pending discipline matter with Chief Rosado, Assistant Chief Medina and DC Buyak. On or about March 11, 2019 I learned that Chief Rosado had selected Assistant Chief ‘Thody and Captain Jeffrey Rousseau and Captain Michael Coates as the potential hearing officers for my pending matter.10. w Ww, On or about March 13, 2019, upon learning who my potential hearing officers wero, I reiterated in writing to the Department Advocate the fact that Assistant Chief Thody has created a very difficult working environment for me and that this and other reasons would preclude him from providing me with a fxir, impartial and neutral hearing. Talso complained that the Captains could also not provide me with a fair, impartial and neutral hearing because they are currently on probation, have benefitted by my being passed over, and have expressed a desire to be promoted to the rank of Deputy Chief. x. Thave waited nearly 6 months for an opportunity to have an expedited hearing on my open disciplinary matter, but to date this has not oceurred. y. Also, to date no one has spoken with me about my complaint that Assistant Chief Thody has created a very difficult working environment for me. x. 1am aware that William Rea, who I believe to be a 39 year old white male, was promoted to the rank of Lieutenant at the same time I was up for promotion to the rank of Captain despite the fact that he had an open disciplinary matter for violating department policy. In conclusion, I believe I was investigated and passed over for promotion so that a younger white male would be promoted and so that I would have a decreased chance to be promoted as Deputy Chief. I also believe I was unfuirly targeted because I complained about Assistant Chief Thody’s treatment of me. I therefore charge the Respondents with discriminating against me because of my age and gender and retaliating against me because of my complaint, T expect that to the extent possible this matter will remain confidential so that I do not have to endure additional retaliation and work related stress,