Just over a year after she first filed a formal complaint with the New York State Division of Human Rights, Officer Andrea M. Kess of the East Hampton Town Police Department has made new allegations that she has been the target of retaliation for stating her case.
This new complaint, dated July 17, principally targets Police Chief Michael Sarlo, whom Officer Kess accuses of filing a “false and deceptive” position statement. That statement was an otherwise confidential document that became public when it was filed as evidence on March 27 in a separate but related lawsuit brought by another member of the department who is romantically involved with Officer Kess. The new complaint claims the position statement sought to discredit her, accusing her of “incidents of incompetence, misconduct, and problematic policing,” rather than addressing her discrimination concerns directly.
Chief Sarlo did not directly respond to a request for comment, but East Hampton Town’s attorneys replied by asserting that the position statement “provided important context and background of the workplace and internal relationships, as well as a detailed explanation of why Officer Kess was not promoted to sergeant or assigned as a detective. It did not contain knowingly false or deceptive information.”
Officer Kess disagreed, and in a July 16 letter to the town’s Human Resources Department called the claims in the statement “false and defamatory” and said that the submission of the report “to the U.S. Equal Employment Opportunity Commission” represents “a materially adverse action taken by Chief Sarlo to sabotage, intimidate, and punish me for filing an E.E.O. complaint.”
Her original complaint in July of 2023 asserted that she has been denied promotions based on her gender and that she has experienced sexual harassment and a hostile work environment. She has been employed by the department for eight years and has received several awards. According to a press release published last week by her attorney, Eric Sanders, on Dec. 7, 2023, Officer Kess reviewed her own personnel file and concluded that it “contained numerous commendations and positive performance evaluations, with no records supporting Sarlo’s claims.”
In her new filing, dated July 16, Officer Kess presented text messages and excerpts from recorded conversations with other members of the department that she says substantiate her claims. She also alleges the department “has made every effort to punish me for my claims,” including “subjecting me to over supervision,” encouraging a supervising officer “to follow me during my tour and interact with me on calls and in precincts,” and “allowing him to voluntarily supervise my squad by signing up for overtime shifts.”
She had declined to take part in interviews conducted by Arthur Riegel, the independent investigator hired by the town. Based on conversations she had with other officers, she accused him of asking “leading questions,” changing the topic when unlawful conduct came up with other female officers, and misrepresenting himself as an attorney.
East Hampton Town attorneys responded by saying, “It is clear from her recent filing with the E.E.O.C., where she again bypassed the town’s internal complaint procedure, that Officer Kess now seeks to undermine the independent investigation and mischaracterize it as a form of retaliation. In addition to engaging in personal attacks against members of the department, Officer Kess has also recorded conversations with individuals, including a supervisor, without their consent, about the investigation and other workplace issues. This is a serious form of misconduct.”
According to the town attorneys, Mr. Riegel recently concluded his inquiries and has submitted his findings to the East Hampton Town Board.
“Notwithstanding the timing or motive for this filing, the Town of East Hampton and its Police Department take all claims of discrimination and harassment seriously, will fully review all complaints, and respond in the appropriate forum,” the town attorneys said.
