Published: November 23, 2008 01:41 am      

NIAGARA FALLS: Equal discipline for all?

The city does not discriminate when it comes to acts of racism within its work force — all offenders are disciplined equally.

At least that’s what Niagara Falls officials are declaring in response to recent criticism from the departing chairman of the Human Rights Commission.

“Our code of conduct will be enforced upon anyone not doing their job whether they’re white, black or green,” Acting Corporation Counsel Thomas O’Donnell said. “That’s the standard we have and that’s the standard we strive for.”

Earlier this week, Commission Chairman Rick Williams called a meeting with reporters to announce his retirement and get in a few parting shots. In particular, Williams spoke out against the city’s lack of response to complaints he says have been made against members of the Niagara Falls Six, a group of black Department of Public Works employees who filed a discrimination lawsuit in 2003 claiming they’ve been subjected to a pattern of discrimination because of their race.

According to Williams, a temporary DPW employee wrote a letter to city officials in August claiming he endured racial remarks from a member of the Falls Six and other minorities on staff. Despite bringing the matter to DPW department heads, the investigation yielded no disciplinary action — and Williams believes that’s because the city is afraid of taking any action against minority workers with the lawsuit pending.

“You have people saying, ‘why are you disciplining me, because I’m black?’ ” Williams said. “The bosses need to be able to tell them, ‘no, I’m disciplining you not because the color of your skin, I’m disciplining you because you’re not doing your job.’ It comes down to either you’re doing your job, or you’re not doing your job.”

Assistant Corporation Counsel Christopher Mazur said every department head has the ability to investigate accusations of discrimination, but it needs to be reported first.

“The management can’t know about everything that happens, it takes someone to come forward,” he said.

In DPW, most complaints are handled by Deputy Director John Caso. His first action is to interview all parties involved and depending on the nature of the accusation, confer with Director David Kinney. Matters of possible racial discrimination are typically brought to the city’s legal department for guidance.

“There’s a chain of command to follow,” Caso said. “Department heads and crew leaders are being told they can write someone up if they see something happening.”

In many cases, conflict between co-workers can be resolved by getting them together and discussing the issue, Kinney said. The city also works with the unions to reach an agreeable conclusion.

Niagara Falls Mayor Paul Dyster said he met with each department head prior to taking over Jan. 1 and discussed how issues of discrimination would be handled. He believes the right system and managers are in place to address every complaint equally.

“I am confident that if the system is used the way it is set up, every concern can be met,” Dyster said.

Mazur said disciplinary action is clearly laid out in the city’s union contracts. Most first offenses garner an oral warning, followed by a written warning and then a notice of discipline, which could include suspension or termination.

“We’re a union shop here,” Mazur said. “We have certain parameters to deal with these types of matters and we can’t do anything outside those parameters.”

There are some infractions that immediately call for a suspension without a verbal or written warning first, he added. Such is the case of veteran DPW worker James R. Curtis, who has admitted to posting a “whites only” sign above a work drinking fountain as a joke. He was initially charged with a hate crime, but has since pleaded guilty to a reduced charge of aggravated harassment.

Curtis was suspended from his city position and could be terminated once the investigation is over.

“Racial jokes are always inappropriate no matter where you are,” Dyster said, adding his administration has a zero tolerance policy.

Williams used Curtis’ situation as an example of what he called a double standard in addressing issues of discrimination. While Curtis was arrested and could lose his job for making a “stupid joke,” Williams says he’s spoken to numerous white DPW workers who claim they’ve been the target of racial slurs from minority workers but no action was taken. He believes that’s because the city is afraid of being hit with another lawsuit like the one filed by the Niagara Falls Six.

“I know it is causing a lot of issues in the work force and it’s being said the administration will not discipline some of the (Falls Six) because of the lawsuit,” Williams said. “True or not ... some of the employees think so.”

Williams also accused members of the Falls Six for attempting to exploit the Curtis situation to further pad the lawsuit and receive more money. Shortly after Curtis’ arrest, the group’s attorney successfully amended the original complaint to include the incident as an example of what his clients are exposed to at work.

Emmett Cox, a longtime DPW employee and a member of the Falls Six, denied that accusation and questioned why the chairman of the city’s Human Rights Commission would criticize a group of workers fighting for equality.

“This is more than a money issue for us,” Cox said. “If we were just looking for money, we would accept anything that the city offered. We’re looking for changes here. We’re looking for civil rights.”

Cox also disagreed the lawsuit is stopping the city from disciplining members of the Falls Six or other minority employees. He pointed out he was suspended a couple of years ago after talking about the lawsuit during work hours.

“Whether we had a lawsuit or not, Mr. Caso would discipline us anyway, that’s just the way he is,” Cox said. “He doesn’t back down from anything or anybody.”

Contact reporter Rick Forgione

at 282-2311, ext. 2257.