Preview
INDEX NO. EF2023-0057
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023
12023-16319 Index #: EF2023-0057
Exhubit 1
INDEX NO. EF2023-0057
FILED: TOMPKINS COUNTY CLERK 08/11/2023 02:37 PM
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023
12023-16319 Index # EF2023-0057
THE LAW OFFICES OF
JOHN K. GRANT, P.C.
ATTORNEY AT LAW
CLERMONT ON THE HUDSON 263 ROUTE 17K, SUITE 1004
3 MAIN STREET, SUITE | NEWBURGH, NEW YORK 12550
NYACK, NEW YORK 10960 ‘845-566-5526/FAX 845-566-9416
914-260-9800 E-mail: johnkgranpe@gmailcom
November 29, 2022
VIA ELECTRONIC MAIL (stephanie.russell@dcis.ny.gov)
and Certified Mail, Return Receipt Requested
Stephanie Russell, Criminal Justice
Program Specialist
Division of Criminal Justice Services
80 South Swan Street
Albany, New York 12210
Re: Christine Barksdale — Retired Investigator
City of Ithaca Police Department
Dear Ms. Russell:
I represent Christine Barksdale, a recently retired member of the City of Ithaca Police
Department.
On October 3, 2022, Ms. Barksdale received notice from your agency that the City of
Ithaca Police Department reported to DCJS that Ms. Barksdale was removed for cause
pursuant to NYCRR Part 6056.4(f). Apparently, i reliance upon this misrepresentation,
DCJS permanently invalidated Ms. Barksdale’s training certification. We believe those
responsible intentionally misrepresented the facts to DCJS to accomplish this.
This decertification is incorrect and we request correction of this reporting error and the
resultant improper decertification.
By way of background, Ms. Barksdale retired after 24.8 years of service with the City
of Ithaca Police Department. She was the only black female Investigator in the City’s history.
In 2020, she filed an EEOC discrimination claim against the City, the Police Department and
the Acting Chief of Police. There were several issues that arose relating to her work status
after a work-related injury and contractual disputes that were being litigated in 2020.
Importantly, during her nearly twenty-five (25) year career, she was never disciplined
for anything.
It is clear that someone misrepresented important facts to DCJS. No notice was
provided to Ms. Barksdale regarding the intent to decertify.
INDEX NO. EF2023-0057
(FILED: TOMPKINS COUNTY CLERK 08/11/2023 02:37 PM
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023
12023-16319 Index # EF2023-0057
Stephanie Russell, Criminal Justice
Program Specialist
November 29, 2022
Page 2
There was a Notice of Discipline filed against then Investigator Barksdale on January 8,
2020, accusing her of failing to adequately investigate several of the 1,000’s of sex offenses
reported to the City of Ithaca Police Department. Investigator Barksdale was the only sex
offense Investigator in a City, the population of which swells to more than 50,000 during the
Cornell University, Ithaca College school year, the allegations were false and the City
withdrew those charges on July 7, 2021. Significantly, the then Mayor and administration
reduced police staffing from more than 90 sworm officers to roughly 53 over the last several
years. Then Investigator Barksdale repeatedly requested additional staff be assigned to work
sex crimes but those please were ignored. The Acting Chief filed a Notice of Discipline
alleging that Ms. Barksdale was incompetent in her assignment. She was not accused of
misconduct of any type.
A final settlement agreement of the EEOC complaint, Investigator Barksdale’s
grievances and her work status was executed on November 10, 2021, which importantly
provided that “the City withdraws the Counseling Memo and Notice of Discipline with
prejudice, and they shall be of no further force and effect.” Investigator Barksdale remained an
employee “in good standing” for more than a year until her retirement on August 16, 2022.
As such, Investigator Barksdale’s separation was not “subsequent to and in connection
with the allegations of misconduct as defined in paragraph (11) of this subdivision”. Any
suggestion is contrary to the agreement to continue Investigator Barksdale’s employment and
was predicated upon the withdrawal with prejudice of the Notice of Discipline. Her separation
was not “in connection” to the Notice of Discipline as that was withdrawn with prejudice.
Second, and equally important, the underlying allegations of that Notice of Discipline
do not even allege misconduct of any type and rather allege “failures” to competently perform
duties. The law of this state draws clear distinctions between misconduct, gross negligence
and incompetent performance. I am attaching the Notice of Discipline for your review and
confirmation of this fact. NYCRR 6056.2 (h) (1) identifies specific types of misconduct that
warrant decertification. Thus, the failures alleged in the January 2020 Notice of Discipline,
even if true, and resulting in an interruption in service do not rise to the level of misconduct
identified in that section and warranting decertification.
9NYCRR 6056.2 (h) requires removal only when separation is in “connection with
allegations of misconduct as defined in paragraph (1). Paragraph 1 identifies criminal offenses,
dishonesty by false statement, use of excessive force, sexual abuse or a conflict of interest.
None of these type of affirmative misdeeds is even alleged by the Department in the withdrawn
Notice of Discipline.
Needless to say, there has been tremendous personal animosity between those in the
highest levels of the City of Ithaca government, their representatives and Ms. Barksdale for
reasons having little to do with her performance as an Investigator. Suffice to say, her
separation had nothing to do with misconduct as defined by NYCRR 6056.1 et seq., and was
INDEX NO. EF2023-0057
FILED: TOMPKINS COUNTY CLERK 08/11/2023 02:37 PM
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023
12023-16319 Index # EF2023-0057
Stephanie Russell, Criminal Justice
Program Specialist
November 29, 2022
Page 3
not a removal for cause. Had we been contacted on this, we could have clarified these
inaccurate representations.
Based upon the foregoing, it is our position that there has been a material inaccuracy in
the Employer’s reporting of the reason for Investigator Barksdale’s ceasing to serve. We ask
that the Commissioner attempt to resolve this inaccuracy by reviewing the documents provided
herewith and if possible meeting with us.
Further, we would request that the Commissioner provide us with any other records,
documents, communications or assertions of fact by the City, police department,
representatives or “anonymous” sources that it may possess that lead to this inaccurate
reporting and resultant erroneous decertification.
I may be reached at 845-566-5526 to discuss this matter in greater depth. Please forward
all documents and direct all communication to me at:
THE LAW OFFICES OF JOHN K. GRANT, P.C.
263 ROUTE 17K, SUITE 1004
NEWBURGH, NY 12550
johnkgrantpe@gmail.com
Respectfully,
John K. Grant
JKG/es
Enclosures
ce: Christine Barksdale (via email only)
Preview
INDEX NO. EF2023-0057 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023 12023-16319 Index #: EF2023-0057 Exhubit 1 INDEX NO. EF2023-0057 FILED: TOMPKINS COUNTY CLERK 08/11/2023 02:37 PM NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023 12023-16319 Index # EF2023-0057 THE LAW OFFICES OF JOHN K. GRANT, P.C. ATTORNEY AT LAW CLERMONT ON THE HUDSON 263 ROUTE 17K, SUITE 1004 3 MAIN STREET, SUITE | NEWBURGH, NEW YORK 12550 NYACK, NEW YORK 10960 ‘845-566-5526/FAX 845-566-9416 914-260-9800 E-mail: johnkgranpe@gmailcom November 29, 2022 VIA ELECTRONIC MAIL (stephanie.russell@dcis.ny.gov) and Certified Mail, Return Receipt Requested Stephanie Russell, Criminal Justice Program Specialist Division of Criminal Justice Services 80 South Swan Street Albany, New York 12210 Re: Christine Barksdale — Retired Investigator City of Ithaca Police Department Dear Ms. Russell: I represent Christine Barksdale, a recently retired member of the City of Ithaca Police Department. On October 3, 2022, Ms. Barksdale received notice from your agency that the City of Ithaca Police Department reported to DCJS that Ms. Barksdale was removed for cause pursuant to NYCRR Part 6056.4(f). Apparently, i reliance upon this misrepresentation, DCJS permanently invalidated Ms. Barksdale’s training certification. We believe those responsible intentionally misrepresented the facts to DCJS to accomplish this. This decertification is incorrect and we request correction of this reporting error and the resultant improper decertification. By way of background, Ms. Barksdale retired after 24.8 years of service with the City of Ithaca Police Department. She was the only black female Investigator in the City’s history. In 2020, she filed an EEOC discrimination claim against the City, the Police Department and the Acting Chief of Police. There were several issues that arose relating to her work status after a work-related injury and contractual disputes that were being litigated in 2020. Importantly, during her nearly twenty-five (25) year career, she was never disciplined for anything. It is clear that someone misrepresented important facts to DCJS. No notice was provided to Ms. Barksdale regarding the intent to decertify. INDEX NO. EF2023-0057 (FILED: TOMPKINS COUNTY CLERK 08/11/2023 02:37 PM NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023 12023-16319 Index # EF2023-0057 Stephanie Russell, Criminal Justice Program Specialist November 29, 2022 Page 2 There was a Notice of Discipline filed against then Investigator Barksdale on January 8, 2020, accusing her of failing to adequately investigate several of the 1,000’s of sex offenses reported to the City of Ithaca Police Department. Investigator Barksdale was the only sex offense Investigator in a City, the population of which swells to more than 50,000 during the Cornell University, Ithaca College school year, the allegations were false and the City withdrew those charges on July 7, 2021. Significantly, the then Mayor and administration reduced police staffing from more than 90 sworm officers to roughly 53 over the last several years. Then Investigator Barksdale repeatedly requested additional staff be assigned to work sex crimes but those please were ignored. The Acting Chief filed a Notice of Discipline alleging that Ms. Barksdale was incompetent in her assignment. She was not accused of misconduct of any type. A final settlement agreement of the EEOC complaint, Investigator Barksdale’s grievances and her work status was executed on November 10, 2021, which importantly provided that “the City withdraws the Counseling Memo and Notice of Discipline with prejudice, and they shall be of no further force and effect.” Investigator Barksdale remained an employee “in good standing” for more than a year until her retirement on August 16, 2022. As such, Investigator Barksdale’s separation was not “subsequent to and in connection with the allegations of misconduct as defined in paragraph (11) of this subdivision”. Any suggestion is contrary to the agreement to continue Investigator Barksdale’s employment and was predicated upon the withdrawal with prejudice of the Notice of Discipline. Her separation was not “in connection” to the Notice of Discipline as that was withdrawn with prejudice. Second, and equally important, the underlying allegations of that Notice of Discipline do not even allege misconduct of any type and rather allege “failures” to competently perform duties. The law of this state draws clear distinctions between misconduct, gross negligence and incompetent performance. I am attaching the Notice of Discipline for your review and confirmation of this fact. NYCRR 6056.2 (h) (1) identifies specific types of misconduct that warrant decertification. Thus, the failures alleged in the January 2020 Notice of Discipline, even if true, and resulting in an interruption in service do not rise to the level of misconduct identified in that section and warranting decertification. 9NYCRR 6056.2 (h) requires removal only when separation is in “connection with allegations of misconduct as defined in paragraph (1). Paragraph 1 identifies criminal offenses, dishonesty by false statement, use of excessive force, sexual abuse or a conflict of interest. None of these type of affirmative misdeeds is even alleged by the Department in the withdrawn Notice of Discipline. Needless to say, there has been tremendous personal animosity between those in the highest levels of the City of Ithaca government, their representatives and Ms. Barksdale for reasons having little to do with her performance as an Investigator. Suffice to say, her separation had nothing to do with misconduct as defined by NYCRR 6056.1 et seq., and was INDEX NO. EF2023-0057 FILED: TOMPKINS COUNTY CLERK 08/11/2023 02:37 PM NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/11/2023 12023-16319 Index # EF2023-0057 Stephanie Russell, Criminal Justice Program Specialist November 29, 2022 Page 3 not a removal for cause. Had we been contacted on this, we could have clarified these inaccurate representations. Based upon the foregoing, it is our position that there has been a material inaccuracy in the Employer’s reporting of the reason for Investigator Barksdale’s ceasing to serve. We ask that the Commissioner attempt to resolve this inaccuracy by reviewing the documents provided herewith and if possible meeting with us. Further, we would request that the Commissioner provide us with any other records, documents, communications or assertions of fact by the City, police department, representatives or “anonymous” sources that it may possess that lead to this inaccurate reporting and resultant erroneous decertification. I may be reached at 845-566-5526 to discuss this matter in greater depth. Please forward all documents and direct all communication to me at: THE LAW OFFICES OF JOHN K. GRANT, P.C. 263 ROUTE 17K, SUITE 1004 NEWBURGH, NY 12550 johnkgrantpe@gmail.com Respectfully, John K. Grant JKG/es Enclosures ce: Christine Barksdale (via email only)