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                                                                                                 U.S. NEWS Monday 30 SepteMber 2019
            State protects abusers, women


            harassed in public jobs say




            ALBANY,  N.Y.  (AP)  —  He  months  he  was  on  unpaid  An investigation by the USA
            was    accused    of   call-  suspension.                 Today  Network's  Albany
            ing  his  female  co-workers  Dominie,  45,  declined  to  Bureau last year used open
            "whores,"  grabbing  one  comment for this article. He  records  requests  to  iden-
            woman's head and forcing  told  The  Associated  Press  tify  more  than  $11  million
            it between his legs, threat-  last  winter  that  he  hadn't  in  taxpayer-funded  legal
            ening  another  with  sexual  touched  anyone  inappro-   settlements in the past de-
            assault  and  exposing  him-  priately or exposed himself.  cade  with  workers,  almost
            self in the office.          But  he  acknowledged  en-   all women, who had com-       In this Jan. 19, 2019 photo, participants gather at a rally orga-
            Now,  more  than  a  year  gaging  in  "horse  playing"  plained  of  harassment  or   nized by Women's March NYC in New York.
            after  he  was  suspended,  and  said  he  didn't  think  sexual assault.                                                       Associated Press
            Chad Dominie may be re-      anyone  would  be  offend-   "It's not one bad apple, it's
            turning  to  work  as  an  ad-  ed.                       a  bad  orchard,"  said  Rita  phone  message  seeking  and didn't move to fire him
            ministrative  assistant  for  "I tell her to 'shut her whore  Pasarell,  an  attorney  and  comment.                until the police were called,
            New  York's  Office  for  Peo-  mouth' and I'm the big vil-  member of the Sexual Ha-  The  state  could  try  to  ap-  Tromblee  said.  Dominie,
            ple  with  Developmental  lain?" he said in February.     rassment  Working  Group,  peal  the  arbitrator's  deci-  who made  $41,000  a  year
            Disabilities after an arbitra-  Advocates  say  Dominie's  an  organization  of  one-  sion.  A  spokeswoman  for  before  his  suspension,  was
            tor  rejected  the  state's  at-  case  is  all  too  common,  time legislative staffers who  the  Office  for  People  with  arrested  and  ultimately
            tempt to fire him.           though  it's  hard  to  know  faced  harassment  from  Developmental  Disabilities  pleaded guilty last year to
            Harassment  victims  and  how big the state's harass-     their former bosses.         said only that "Mr. Dominie  a  harassment  violation  —
            their  advocates  say  his  re-  ment  problem  is  because  Officials  won't  detail  the  has  not  returned  to  work  less than a misdemeanor.
            instatement  would  be  an-  of  the  lack  of  information  10  allegations  against  Do-  as OPWDD reviews our op-  Tromblee  recounted  epi-
            other  example  of  how  the  available to the public.    minie  or  say  which  ones  tions."                      sodes in which Dominie lift-
            state  is  failing  to  protect  There are no regular reports  he was found guilty of. The  Supervisors  largely  ignored  ed her skirt, exposed himself
            government  workers  from  on  the  number  of  harass-   arbitrator in the case, Mary  months   of    complaints  at  her  desk  and  reached
            toxic workplaces.            ment  complaints  made  Crangle,  did  not  return  a  about  Dominie's  conduct  down her blouse.q
            The  state's  protections  for  against  state  employees,
            workers  accused  of  mis-   how  many  cases  are  sent
            conduct are so strong, they  to arbitration or how many
            say, it can make it difficult  employees are fired.
            to fire men accused of gro-  The  No.  2  official  at  Domi-
            tesque abuses.               nie's  agency,  Jay  Kiyona-
            State laws designed to pro-  ga, was fired last year after
            tect  workers  from  harass-  the state inspector general
            ment aren't effective if the  uncovered  "reprehensible"
            state doesn't follow through  harassment  and  sexually
            in  disciplining  the  employ-  inappropriate  acts  going
            ees  responsible,  said  Mary  back several years. He was
            Tromblee, a nurse who was  also accused of retaliating
            one of the women who ac-     against  a  female  staffer
            cused Dominie, said          who  spoke  up  about  his
            "Gov. Cuomo keeps saying  behavior.
            we have one of the stron-    The  state  announced  his
            gest laws in the nation. But  firing  with  a  news  release
            what  good  are  the  laws  if  touting  the  state's  aggres-
            they're not enforced?" she  sive  handling  of  harass-
            said.                        ment.  Yet  the  same  day,
            A spokesman for Gov. An-     he  was  quietly  transferred
            drew  Cuomo,  a  Demo-       back  to  his  old  agency,
            crat,  said  his  administra-  the  Justice  Center  for  the
            tion  would  "use  every  tool  Protection  of  People  with
            at our disposal to ensure a  Special  Needs,  thanks  to
            safe  workplace"  free  from  a state rule allowing some
            harassment.                  managers  to  revert  to  a
            "It is egregious that current  prior state job if fired within
            law  makes  getting  rid  of  a year. The Justice Center,
            bad actors so difficult," said  which investigates mistreat-
            spokesman Jason Conwall.     ment  of  disabled  people,
            State  workers  in  New  York  immediately   suspended
            are  entitled  to  appeal  dis-  Kiyonaga, barred him from
            ciplinary  actions  and  can  the  office  and  moved  to
            often take their case to an  terminate him.
            arbitrator.                  Sixteen    months     later,
            In Dominie's case, an arbi-  though,  Kiyonaga  is  still
            trator  found  him  guilty  of  making an annual salary of
            four  of  10  charges  against  $136,000  while  he  appeals
            him  but  ruled  he  shouldn't  his termination.
            be fired. Instead, he won't  Reached by phone, he de-
            receive back pay for the 17  clined to comment.
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