City of Rochester _ hey (ty Hall Room 103A, 30 Church Street Department of Rochester, New York 24514-1289 Human Resource wuav.ctyetrochestergov Management Rochester Fire Department: Racial Harassment Allegation DATE: August 9, 2022 70: Fire Chief Felipe Hernandez ‘0 re, RE: July 2022 Jones Racial Harassment Allegation + Background of Complainant: /ob Title, Length of Employment, Working relationship with accused) City of Rochester Sealy (ty Hall Room 108A, 30 Church Street Department of ME Rochester, New York 14614-1280 Human Resource ons cityeérochester gov Management ~ First thing he sees i lady in a red wig; she seemed embarrassed when she sees the firefighters there, She snatches the wig off her head About 12-15 people at the party, a few come over a introduce themseives/shakes hands withthe firefighters. ~ _ Didn't go far into the party, stayed by the driveway. Eventually went into the party a ttle bi, Aa MIMD obout 10-15 feet behing him. Was offered food and drinks dd not eat or drink anything at the party = _ Saw Krywy make his way into the party and was talking to people ~ Jones states he was in Community Outreach for & years so he is litle more comfortable attending community gatherings, tried to mingle with a few people ~ Started to notice the décor; states FF Ml noticed as well and says don't think we should be here.” Part ofthe décor were all local politicians, Democrats, Legislatures, City Council members, PAB board members. Photos ofthese political figures were posted around the party. There was extreme right wing conversation happening. ~ Jones noticed a familiar face, former RPD officer who worked a the PSB with him, does not recall his name. Asked Krywy what his name ws, Krywy responds ‘LEO’. Jones could tell ‘LEO’ was uncomfortable. = Thernoticed 2 cornhole game where Rachel Barnhart’s Face was one of the targets. Another female politician was the other target. Looked to his left and noticed in a flower planter a Juneteenth flag next to picture ofa City Council member. Within 5 minutes of seeing the flag, the hosts started handing out party favors. ~ _ Krywy receives a gift bag (Krywy is about 10 feet away), Krywy puts mini plastic ed fire helmet on hs head. Jones notices the top of a Hennessy Botte sticking out of bag. Jones says ‘id think Captain was much of a cognac drinker. Gift bag then spils open and Jones then notices a 1202 Juneteenth cup inside. Jones states that now his awareness is heightened, realized all the snickering and laughing was directed at ones and that he was the joke. = _Keywy looks atthe crew and states ‘No Pictures’ Felt thathe aid this because Krywy knew what was happening was So bad that he would not want people to know. At this pointall the wind was taken out of Jones’ sails, found a place to sit down, He fet confused and embarrassed Wile he was sitting down, a woman from the party came and sat next to Jones, She started talking to him about how great things were when Teump was in office and how they need to get the City back from the Democrats. Jones states he was ‘ust giving her lp service’ but was pretty uncomfortable with the whole interaction. Conversation lasted about 10 minutes,dip City of Rochester ‘iy Hall Room 1034, 30 Church Street Deparmentor Rochester, New York 14614-1280 Human Resource wanw-ctyerocvester gov Management| ~ Jones didn’t want to get angry or emotional, didn’t want the part to see in sweat. (Once he sees the KFC fried chicken, starts to think these are the worst type of people.” ~ Jones doesn’t do or say anything recognizes that hei in uniform representing the City of Rochester and that no one wil believe him, ~ Hosts then gave them trays of fied chicken and pastries to take back to the firehouse; Jones didn’t want to touch, eat, or drink anything from the party ~ Hosts told Jones that in couple weeks they were having a party and Le‘Ron Singletary would be there = WB onc MM carry f00d out, Krywy says his goodbyes, the host walked them out of the party ~ Was at party for about 40 minutes; around 7-7-45pm, got back fre house around 8:40pm ~ Once back at the truck FF lilisays ‘sorry we shouldn’t have been there QHMBdoesn't say anything to Jones. = Drove around after leaving the party for district familiarization, Saw Engine 1 on Park Ave stopped and talked to them for a moment. The Grove down Park Ave, over to Cobbs Hil, around reservoir, and down Monroe Ave BC Smith shows upto fre house, Jones is still processing what happened, wanted to see ifthe captain would say anything to him ~ Jones went fo the ktchen and just st there, Aion leame in a Joked about how ridiculous the theme of the party was, Next morning, oncoming erew is around and people are discussing what had occurred the night before. Someone makes statement *So heard Captain took you toa Klan meeting lat night?” ~ Everyone there was bothered by what had happened and apologized that Jones had to attend that party Captain never addresses the party with Jones, = Nest morning reached out to BC Smith and lets him know about what occurted the night before. ~ Jones was very hurt by what happened, feels like hei part at family at the fire house and that being part ofa crew is the best things like a band of brothers. Could hearin 8 Smith's voice how upset he was. Smith sald that things are normally handled ‘in house’ but that this needs to go up the chain of command. ~ Monday July 11 around Spm, receives picture message from Lt of lineup for Tuesday morning and Jones notices that itis the normal lineup and that hei scheduled to work with Kryv again. Jones i overcome withity of Roch \ <> City of Rochester fey City Hall Room 1034, 30 Church Street Department of Rochester, New York 14634-3280 Human Resource ww cityefochester gov Management| emotions and anger. Felt as though they didn’t hear his complaint. Felt like he hasn't been heard or taken seriously, feels betrayed. ~ _ Jones has known Krywy for 14 years, they are friends outside of work ~ Jones states he is currently receiving treatment though COAP, still having a hard time with the situation. ~ Feels ostracized by the administration, the Union, and the cest of the Fire Department. ~ States he has never attended a personal party during work hours, states it's against the rules and regulations to attend political parties during duty. b. Witnesses Feetahter QUINN ircervowed sty 39,2022 Worked July 7 with Cpr. Krywy and FF Jones ~ Around 7pm on July 7”, Cpt Krywy told the crew that there was a gathering that night that he was supposed to attend before he was moved to Group 2 ~The crew gets their shirts on and get into the rig to head to the party ‘The truck is parked on Douglass St, party was located at 1286 East Ave, ~ Stated that as they walked up the driveway to the backyard, started aiscussing the house structure with FF Agi) ~ Walked into the backyard; stayed by the entrance to backyard. ~ States there was a cutout of Donald Trump cutout atthe entrance to the backyard. States there was something written on the cutout, id not know what wos written. Saw a cutout of Rachel Barnhart on a cornhole board ~ Approximately 10-15 people at the party ~ FF Jones sat down ata table about 10 feet away from ~ At one point someone placed a small ‘stars and stripes’ hat on Krywy’s. head at which point Krywy said “No Pictures” + States they were at the party for atleast 20 minutes. ~ Attendees ofthe party kept offering food and water; did not eat or drink anything at the party. ~ _ Noticed that while FF Jones was sitting at table, an older woman sat with FF Jones and had a conversation with him. Not aware of what they spoke about, = WBBM v25 n0t paying attention to anyone else’s conversation; was not involved with or heard any political conversation ~ Hosts of party gave food to the crew to take back tothe Fire House. Noticed the napkins that the hosts gave them had the PAB logo on themb> City of Rochester becky ty Hall Room 103,30 Church Street Department of| Rochester, New York 14634-1280 Numan Resource wenw.ciyotrochestergov Management Firctighter (AMI ncerviewed July 20,2022 Worked July 7 with Cpt. Krywy and FF Jones Krywy told them they were going to be attending a party after dinner. Stated that the party was located in district. Arrived to party around 8pm, was located on East Ave. While walking into backyard first notice giant Donald Trump cutout and cutout of PAB board members. Stated the party seemed ‘right wing’ Fe@BEond FQ stayed in the driveway; FF Jones sat at a table about 10 feet away. Were at the party for about 30 minutes; about 15 people in attendance at party ‘At one point Krywy received a gift. Was told by FF Jones that it was a bottle of liquor. Did not see Juneteenth cup or flag. Did not see KFC containers Hosts gave the crew food to take back to the fire house. 1 tray was of fried chicken, While at party, stated to FF Jones “We shouldn't be here.” While leaving party did notice FF Jones visibly angry. When they returned back to the fire house with the food noticed the napkins that the hosts gave had the PAB logo on them, Battalion Chief George Smith: Interviewed July 20, 2022 On July 8 received a text from FF Jones “George, we need to talk.” Called FF Jones a few hours later to speak and FF Jones was very upset during the conversation. FF Jones recalled what occurred the night before and Smith told him. that it would be investigated. ‘Smith then called Chief sim Ryan and let him know what FF Jones had reported to him. Chief Ryan stated he would call Luna and report it to him, Chief Smith reached out to FF Jones again on Monday July 11 and stated FF Jones seemed even more upset. Chief Ryan asked Smith to collect IDCs from the crew regarding the incident on July 7 When he asked Krymy to complete the IDC Krywy asked what it was for, Smith told him it was regarding the party they attended that was Political in nature,

City of Rochester a YY crnctten itor oonmasees err Nether Now ton ties foman feat ‘wim ateceser ane onegemet Deputy Fire Chief James Ryan: Interviewed July 21, 2022 © Respondent Received a call from Smith on 7/8 stating that Cpt. Krywy and crew stopped at a party the night before and the party had political tones. Stated that FF Jones felt uncomfortable at the party. Immediately called Luna and made him aware the next day. Ryan told Luna he would look into it when they got back to work. Monday 7/11 FF Jones still felt very uncomfortable; directed entire crew to write IDCs about the incident. FF Jones called in sick 7/12, emailed FF Jones the Harassment and Discrimination form to complete. States that Luna stated that if Jones wanted to make a complaint he had to fill out the form. Ryan called Krywy and let him know that there was a complaint regarding the party they attended on July 7. Krywy stated to him “I would never put anyone in a situation that would make anyone uncomfortable.” Fire Captain Jeffrey Krywy: Interviewed July 28, 2022 July 7, started shift around 4pm, around dinner time tells the crew that they have been invited to a social event: Krywy states he was originally on Group 4 when he was invited to party and was then move to Group 2. When he let the host know that he could no longer attend the host said “feel free to stop by with the truck” States that itis common on nights to go out and do some sort of training. States they might have been on a call when they decided to stop by party. Party was on East Ave, parked truck on Douglass. Walked up the driveway to the backyard where the party was being held. Around 6-8 people at the party. When they arrived people came up and greeted the firefighters, Did not notice a theme to the party. Did see pictures of politicians; Picture of Trump, Rachel Barnhart, Mary Lupien, and 2 PAB board members. Didn't think anything of the pictures; none of the pictures were derogatory. There was a full cut out of Donald Trump, There was a comhole game that had pictures on it. States that no one mentioned being uncomfortable before, during, or after the event. States that they could have remained on the truck if they wanted to, States they were at the party for about 15 minutes, just to stop in and say ‘hey’City of Rochester rN Gity Hall Room 203A, 30 Church Street, Department of Rochester, New York 14644-1280 Human Resource wun. cityorochester gov Management ~ Did receive a gift bag; there was a tiny hat, candle, stuffed bear, Hennessy bottle and Juneteenth cup. Stated they were things that the hosts had gotten atthe dolar store. ~ Did not ee any luneteenth fags, only saw American fags ~ _Atone point someone placed a small red, white, and blue hat on his head and he sad ‘no pictures’ Didn't see KFC buckets ~ Noone had anything to eat or drink during the party ~ _ Theyall remained close to each other during the party. Krywy was standing near the table, Jones was seated atthe table and land @BBvere standing back alte ~ _ Krywy states that itis fairly common to attend parties, such as block parties and community engagement functions. Would categorize ths as a community engagement functions. ~ The location ofthe house was in district and it was City residents who attended the party Didi think this party was inappropriate. ~ Host gave them wrapped up trays of food to take with them. ~ While driving back to fire house was joking with Jones about the women Who Krywy saw speaking with Jones. ~ Doesn't recall the rest ofthe evening Did not receive any calls over the weekend Tuesday July 12, Jones called in sick, Later that day Smith asked him to write an IDC, never indicated why he was tld to write the 1DC. ~ States there may have been politcal conversation atthe party but it seemed lke generic small talk, nothing stood out to him, ~ _Keywy states he was not aware ofthe theme ofthe party prior to attending. 4. Final determination of allegation: ‘What transpired does rise to the level of a violation under the Rochester Fire Department Rules and Regulations. DHRM recommends a suspension up to and including termination for Captain Krywy. This isan extreme lack of judgement of Krywy’s part to nat only attend a personal party while on duty but to then remain atthe party after noticing the nature and theme ofthe party ‘was politcal with many racial stereotypes. DHRM also recommends that the Fire Department extends COAP to both FF MEEand FQN Its also recommended that the entire Fire Department engages in training surrounding diversity and implicit bias. Its also recommended that when Administration is made aware of a complaint that they make an effort to reach out to ‘the employee and to speak to them and offer the COAP after an incident.