Quoted Text

SCHENECTADY
City worker accused of slur
Streets supervisor put on paid leave
BY KATHLEEN MOORE Gazette Reporter

    A Schenectady city supervisor is on paid leave after workers say they overheard him berating a black employee and using a racial slur.
    Mark Miller, a supervisor in the city’s street division, was placed on administrative leave while city officials investigate the incident. A number of witnesses said they overheard the incident, which they said happened Nov. 1.
    According to them, Miller was working at the new Bureau of Service in an open area where others could easily overhear him. He began shouting into his phone at an employee, they said, calling the black worker “stupid.”
    Then they said he shouted, “you dumb [obscenity and racial slur].” They said he also used obscenities while berating other workers.
    Mayor Gary McCarthy said he’s looking into the allegations and will take disciplinary action if the accusations are found to be true. He placed Miller on paid leave immediately under a provision in the labor contract.
    The contract generally protects workers accused of misdeeds by allowing them to stay on the job while accusations are investigated. However, they can be removed if the accusations are of a “health and safety” matter. They must be paid while on leave, which some employees derided as a “paid vacation.”
    They said they did not immediately complain about the incident because they thought he would only get a few days off and then return to work. It was not clear who reported the incident to the mayor, but Miller was placed on leave this week.
    McCarthy said he expects the investigation to be finished by Tuesday. City government is closed Monday for the Veterans Day holiday. He said he will discipline Miller immediately if the investigation finds the allegations to be true.
    The investigation is moving unusually quickly for city matters. When police offi cers are accused of misdeeds, investigations often drag on for months, and the offi cers are afforded a full hearing with an outside arbitrator in which they can defend themselves.
    Public Safety Commissioner Wayne Bennett has for years argued that he could speed up discipline if he could handle it himself, rather than hiring an arbitrator. But Bennett said that he would still need about 60 days to complete an investigation. ..................................>>>>....................>>>>......................http://www.dailygazette.net/De.....r01303&AppName=1

I don't know if this is the same Mark Miller ?
Miller et al v. The City of Schenectady et al

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Plaintiffs:

Robin Miller  and Mark A. Miller



Defendants:

The City of Schenectady, Schenectady Police Department, John N. Favata, The Town of Niskayuna, Niskayuna Police Department, Todd Frenyea and Michael Stevens







Case Number:

1:2012cv00012



Filed:

January 4, 2012







Court:

New York Northern District Court



Office:

Albany Office



County:

Schenectady



Presiding Judge:

Norman A. Mordue



Referring Judge:

Andrew T. Baxter







Nature of Suit:

Civil Rights - Other Civil Rights



Cause:

42:1983 Civil Rights Act



Jurisdiction:

Federal Question



Jury Demanded By:

Plaintiff

I'm guessing not.

That sounds like the situation where an off duty officer Favata apprehended someone stealing beer or something from Niskayuna Hannaford.

It would be pretty sad if we actually were employing the father of someone who committed a theft, was (if I recall correctly) injured during the chase...  Who then sues their own employer.

Oh wait, that does sound like our country these days.

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SCHENECTADY
Streets official chooses to retire
Miller faced discipline over alleged racial slur
BY KATHLEEN MOORE Gazette Reporter
Reach Gazette reporter Kathleen Moore at 395-3120 or moore@dailygazette.com.


    The city supervisor accused of cursing at employees and using a racial slur has chosen retirement rather than discipline.
    Mark Miller, a supervisor in the city’s street division, allegedly berated a black employee and used a racial slur Nov. 1. He has been on paid suspension for more than a week while city officials investigated the reports.
    Just before Mayor Gary McCarthy announced his decision on Miller’s fate this week, Miller filed for retirement.
    “I believe that’s going to be the way it’s going to resolve itself,” McCarthy said.
    McCarthy declined to discuss the fi ndings of his investigation or what the punishment could have been. But he said he even considered whether it rose to the level of a crime.
    “You have to evaluate every circumstance,” he said. “It could rise to criminal conduct, such as aggravated harassment.”
    But, he said, he was not willing to institute a blanket prohibition on racial slurs. Sometimes friends refer to each other by such slurs, he said.
    “Guys working out on the trucks, it’s a more locker room environment, they might use language we would not consider appropriate in church,” he said. “There may be more tolerance. Words could be bantered back and forth, people could be friends, and it doesn’t create a hostile work environment.”
    However, the allegations in Miller’s case suggested he had created a severely hostile work environment, to the point where McCarthy removed him from the job while he investigated.
    The labor union contract does not allow Mc-Carthy to suspend workers without pay while under investigation. The contract says they must remain on the job unless there’s a health or safety risk, at which point they must be paid to stay home.
    McCarthy said that if the allegations were true, Miller was a health and safety risk, so he sent Miller home with pay. ........................>>>>.......................>>>>........................http://www.dailygazette.net/De.....r01300&AppName=1

McCarthy is as smart as a box of rocks.  He wont institute a blanket prohibition on racial slurs.  Is this guy looking for lawsuits?!?!?!?  He is a danger to the city.  

You would be fired almost immediately if you made such a statement at GE or Pricechopper......how about Proctors.  Okay there?!?!?!?!?!?  

"But, he said, he was not willing to institute a blanket prohibition on racial slurs. Sometimes friends refer to each other by such slurs, he said.
    “Guys working out on the trucks, it’s a more locker room environment, they might use language we would not consider appropriate in church,” he said. “There may be more tolerance. Words could be bantered back and forth, people could be friends, and it doesn’t create a hostile work environment.”
    However, the allegations in Miller’s case suggested he had created a severely hostile work environment, to the point where McCarthy removed him from the job while he investigated."

Quoted Text

"But, he said, he was not willing to institute a blanket prohibition on racial slurs. Sometimes friends refer to each other by such slurs, he said.

Sup cracker?....Oh wai

How ironic is it that Jason Cuthbert gets fired because he didn't agree with McCarthy's fiscal policies....

Yet....McCheesy protects the salary and gives retirement to an obvious bigot???

Guess being a scumbag really pays off in this City. Takes one to know one huh McCarthy.

You're a disgrace!!!

Quoted from rachel72

How ironic is it that Jason Cuthbert gets fired because he didn't agree with McCarthy's fiscal policies....

Yet....McCheesy protects the salary and gives retirement to an obvious bigot???

Guess being a scumbag really pays off in this City. Takes one to know one huh McCarthy.

You're a disgrace!!!

You are too kind

a blanket prohibition?

like the anti-bullying law?

now government is church?