The county Ways and Means Committee ruled last week that a verbal confrontation between legislators Helen Rose and Vincent Bono did not violate its anti-harassment policy.
The decision followed an investigation into a sexual harassment complaint filed June 15 by Rose, D-Herkimer, against Bono, R-Schuyler.
The complaint alleged that Bono made comments and a gesture after a Herkimer County legislative session May 19, in an attempt to “bully Ms. Rose into submission by publicly humiliating her with sexual references.”
Committee members voted 6-0 in executive session last Wednesday against the complaint, according to county records.
“Based on the harassment policy of the county, we didn’t think it merited action,” said Dennis Korce, R-Mohawk, who made the motion. “I honestly feel that the harassment policy calls for an intimidation, and I don’t believe that Ms. Rose will be intimidated in any pursuit that she has.”
The complaint had called for Bono to be assigned to anti-discrimination training, removed from leadership positions within county government and forced to publicly apologize.
It also called for the legislature to censure him, acknowledging that harassment took place.
Rose declined to comment Wednesday on the ruling, and said she would have a “formal reply” soon on how she plans to proceed in regards to the complaint.
But as one of two females on the 17-member legislature, which also has just two Democrats, Rose has voiced her concerns with the committee members that were chosen to review her complaint.
At least three of the members were present during the incident, Rose has said, and two of the group were participants in part of the discussion with Bono. Committee members have also made public statements about the “veracity of my complaints,” Rose added in an e-mail.
Legislators Bruce Weakley, R-Poland, Bernard Peplinski, R-Ilion, and Raymond Smith, R-Dolgeville, and chairman of the legislature, all did not return requests for comment.
Committee Chairman Patrick Russell refused to answer e-mailed questions and stated that county policy and procedure were followed.
The committee reviewed the complaint, the county anti-harassment policy and the findings of the investigation, according to Korce.
County Personnel Officer Steven Billings conducted the investigation, which the complaint disqualified other officials due to their role in the incident.
“I feel we were objective,” said Korce. “When you have to sit in judgment of two of your peers its difficult, and everyone in that room felt it was very, very difficult.”
Although he was present as the incident unfolded in the hallway outside the legislative chambers, Korce said he did not participate nor did he actually witness the confrontation.
Part of his vote, however, was based on the incident taking place outside of a public meeting.
Neither legislator was acting in an official capacity, Korce said.
“[They were] two members of the public having a very strong public conservation,” he added.
But political factors are also part of the situation and may have played a role in the ruling.
“The other thing that bothered me, in my judgment, is that I read about it in your paper before it was filed in Mr. Billing’s office,” said Korce. “A news release first and not charges first.”
The disclosure of information broke rules of confidentiality adopted by the legislature, Bono stated in an e-mail. He also called the allegations based in “divisive negative politics.”
“The county has a process and rules in place for this sort of matter. We let the process work,” said Bono. “It is just unfortunate that others involved neither respected the process nor complied with some basic rules for dealing with potentially sensitive matters.”
The committee members are also citing the county policy as their reason for not disclosing any details related to the process. All information on the investigation and other files is to be held confidential as set by county policy and legal statutes, Russell stated in an e-mail.
John Piseck, R-Herkimer, who seconded the motion against the complaint, declined to comment on the issue. Piseck said he would discuss his vote if the documents are released.
Despite having approved the motion in executive session to dismiss the complaint, the committee had also decided to not disclose its ruling to the press after the meeting.
Russell refused to comment on the matter after the meeting last week. He issued a written statement declaring that any action would be announced as required by policy and legal statutes.
A committee is allowed to pass a motion while in executive session, unless it involves the allocation of public money, according to Robert Freeman, executive director of the state Committee on Open Government.
The law says that minutes of the meeting must be made available within one week of the executive session, Freeman said.
The minutes of the July 21 meeting are available on the county website.
Herkimer, N.Y. —
