a 1i1azzna STATE OF NEW YORK SUPREME COURT COUNTY OF SCHUYLER BRANDON MATTHEWS, DANIELLE MATTHEWS, .C. Jt a minor, by his parent and guardian DANIELLE MATTHEWS, G. C., a minor, by her parent and guardian DANIELLE MATTHEWS and G.M., a minor, by his parents and guardians, BRANDON AND DANIELLE MATTHEWS, Paints, -against- VILLAGE OF WATKINS GLEN, and LUKE LESZYK, Individually and in his capacity as Mayor ofthe Village of Watkins Glen, New York, Defendants, STATE OF NEWYORK) Ys ‘COUNTY OF SCHUYLER ) Recerveo NYSCEP: 07/26/2021 AFFIDAVIT OF BRANDON MATTHEWS Index No. £2021-0075 Brandon Matthews, being duly sworn, hereby states, under penalty of perury, as fallow: 1 Lam the Plaintiff in the above entitled and referenced action. As such, | ar fer swith the fects an ercumstances herein. Based upon the forgoing, | make this afiemation based upon my own personal knowledge. 2, Lam currently employed with the Village of Watkins Gen Police Department. 3. In July of 2018, t switched from overnight shifts to day shifts, to shadow Steven Decker who was the Sergeant in Charge forthe department and David Waite, ‘the Part-Time Investigator. This was for me to take over the department once ‘they had fully retired. 4. On April 15, 2019, ! was Provisionally Promoted to Sergeant In Charge after an Interview with Mayor Luke Leszyk and the Board of Trustees then took the [NYS Chul Service Sergeant Exam in June of 2019. PAGE IOFSMYSCEP B66. 80. 29 RECEIVED NYSCEF: a 3 .Lazzine a 5. Dept not passing the exam, 1 was provisionally reappointed as Sergeant in ‘Charge by Mayor Leszyk and the Board of Trustees on September 3, 2019, 6. The next avallable time that Schuyler County scheduled the exem wes in June 2020, and I was notified in April 2020, et which point | then reapplied for the NYS Cull Service Sergeant Exam on April 7, 2020. I received an email in -May/une 2020 thatthe exam had been postponed due to COVID. 7. Lwas never afforded another opportunity to take the exam and my examination fees was not refunded to me untll November 5, 2020. 8, In October of 2020, Ethan Mosher wes permanentiy promoted to Sergeant in CCherge, as he hed passed the June 2019 exam. Had I been able to take and pass the second exam, | could have been permanently promoted to that postion. The County canceled the exam as oppoted to rescheduling it to June 5, 2021, Ike surrounding counties had done. 9, In late October and Early November of 2019, Mayor Luke Leszyk had approached my wife, Danelle Matthews. His approaches were sexual in nature, In retum for protection of my job. This was not too long after my reappointment as Sergeant in Ch 10. Mr Lesyk made comments to my wife regarding the need for er to engage in sexual activities with him, or ese | would fore my job. He even went a5 far as. smacking her backside and making similar comments. According to my Wife, Me. Leszyk had made comments tke these to her on multiple oceasions This not only made my wife extremely uncomfortable but made myself uncomfortable at well, not only for the ssfety of my job, any pending ppromation, and obviously concerns for my wife. So much so it made my work ‘environment hostile due to my Wife and I not being sure what to do about ‘these actions of Mr. Leszyk and knowing | hed to continue to report to him to preserve my jb. 12. That there were many times 1 had conversations with Mtr. Leszyk about the ‘Watkins Glen Police Department needing more manpower, 8 new vehicle, or things of that nature to make our Police Department an up to date and fully functioning department, and I wes either Ignored and/or rebuffed. PAGE 20F 3 ov/ne/202aRECEIVED NYSCE: 07/26/2021 13,1 couldn't help but to begin to think and feel thet I ws being se to fall at iy Job and that it was beceuse my Wife would not comply with Mr. Leszyk's request for sexual favors. 14 In fact, because of Mr, Lesyk’s actions and demeanor towards me in many of these conversations | started to become creative about ways to better the ‘Watkins Gien Police Department on things | knew Idd not need thelr approval, such as buying ammunition, body cameras and any other equipment that was needed. 15, Because Me. Leszyk was the mayor and the person I reported to abou’ anything ‘relative to the Watkins Glen Police Depertment, | felt my hands were ted and he was attempting to make me ineffective to punish me for my Wife rebufing bis sexual advances over and over. 16.1 started to experience enxlety about having to have conversations with Mr Leszyk about anything one on one regarding my job and/or the Warkins Glen Police Department overall 17. feared the threats Me. Lesayk made to my Whfe about me losing my job If she ‘would not perform certain sexual acts for him was more and more true but ‘again, we had nowhere to tur to report these sues 18, And even now, more so with reading the Motion by the Village and Ne. Leszyk, {see that they are trying to paint me as a bad employee, when in tact, I had ever been writtenup, censured publicly, received letters of formel discipline, or suspended. w é 8 8 & 4 ‘3 19, More importantly, inthe fourteen (14) months | was running the Watkins Glen Police Department as Sergeant in Charge, l never recelved any sanctions by the State of New York regarding reporis | had to make, questions that needed fo be answered and/or any other official business. Sworn to before me on this PAGE 3.0F 3