Bristol Mayor Retaliates Against Connecticut Employee's Report of Sexual Harassment

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Mayor Ken Cockayne on Wednesday night apologized to the city after a report concluded he retaliated against an unidentified female city employee who had accused him of sexual and political harassment.

"As mayor of Bristol, I apologize to this employee and to the people of Bristol for my lapse in judgment," the mayor said, reading from a statement at a tense special meeting of the city council. "I take full responsibility for my actions and promise to convert this negative situation into a positive outcome."

The council had just concluded an executive session during which it considered a report from an attorney investigating the employee's allegations. Cockayne had recused himself from that session.

The full report was not released publicly, but afterward Personnel Director Diane Ferguson released a 2 1/2-page summary.

The report did not recommend discipline for the mayor, according to the summary, but said that in a different field his conduct might have cost him his job. It also said he would need to fully acknowledge his wrongdoing if he is to effectively lead the city in the future.

"Unless he can sincerely recognize the errors involved, a toxin will permeate throughout the city of Bristol and the city council will be forced to evaluate its legal obligations to manage or discipline the mayor," the summary said.

Outside of brief prepared statements, neither Cockayne nor the council would publicly discuss the matter.

The investigative report was prepared by attorney Michael Rose of the Ford Harrison law firm, which was commissioned by the city. The summary of conclusions carefully avoided the details of the allegations. The employee's name was redacted.

In his statement, Cockayne, who is in a long-term dating relationship, conceded that years ago as a council member he developed a personal relationship with a female city employee, which led to "an awkward relationship moving forward."

At some point after Cockayne became mayor in 2013, the employee complained of sexual harassment and retaliation for political activity, according to the summary of Rose's report. It is unclear what political activity was involved, what form the alleged harassment or retaliation took, or when the woman complained.

The woman evidently was in touch with city attorney Richard Lacey concerning her complaint, which eventually was sent to Ferguson, the personnel director. She hired the outside law firm to investigate, and Rose provided his report in late June. Since the city isn't letting the public see the full report, there's no indication of whom Rose interviewed, what he asked, or what other investigative avenues he took.

Rose advised Ferguson to keep the details confidential, according to the summary, and the city has since hired another law firm to guide it on any Freedom of Information issues with this matter.

"My rationale ... is not based on any desire to protect any public official, but rather to protect the complainant from the specific matters discussed in the inquiry," Rose wrote.

The city's agenda for Wednesday night's meeting didn't even identify Cockayne - the city's top elected official - as the target of the investigation. Instead, it said "take any action as necessary regarding an investigative report regarding a public official."

At the start of the meeting, council member Calvin Brown complained the council was being convened to discuss a report it hadn't seen yet.

"I don't think that's good government," he said.

It wasn't clear if the council members saw the full report in executive session.

After the executive session, the council returned briefly to read a prepared statement saying it was "disappointed" in the facts of the situation and would meet again to discuss the matter, though it did not say when.

Cockayne then read his prepared statement.

"While I am pleased that I have been cleared in the allegations of sexual harassment and political retaliation, I am disappointed and disagree with the findings of personal retaliation which simply did not occur," Cockayne read.

Rose concluded that Cockayne wrongly tried to steer the woman and Lacey away from pursuing her claim. That violated the city's anti-retaliation policy, Rose wrote.

Rose recommended the city adopt a protocol for handling retaliation complaints, establish intensive training for supervisors to prevent harassment or retaliation, restore sick time that the woman took during the investigation, and require Cockayne to contact the employee assistance program to address any remaining animosity he holds regarding the complaint, according to the summary.

"It was a grievous error on his part that in many professions would cost him his employment. His embarrassment, shame and fear do not justify a transferral of that anxiety to [redacted name] or Attorney Lacey," Rose wrote.

Cockayne rejected the conclusion that he had threatened Lacey.

However, in addition to apologizing to the city and the employee, Cockayne said, "I also want to apologize to Attorney Lacey in the Corporation Counsel's office for my comments to him in a private March meeting, as well as make clear that any communications between the two of us detailed in the investigative report were made in an effort to protect the female employee from potentially negative publicity."

"I intend to fully comply with the recommendations of the report in an effort to put this matter behind us, and I promise to do my part to restore professional working relations with Attorney Lacey and the female employee," the mayor said.

Cockayne, 48, is a Republican who first won election to the council in District 2 in 2007. He won his first bid for mayor in 2013, and was re-elected last fall.

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

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Source: Don Stacom, Mayor Accused Of Harassment Apologizes For 'Lapse', The Hartford Courant, (Aug. 4, 2016) at B1