Missouri Commission on Human Rights and EEOC

Name (Indlcat. Mr.. Ms.. or Mr..) -\DataofBirthI

Homa TelephOn. No. (Includ.Area Code)

Ms. Amanda Darlene BlakE:January 15,1973 417.327.6184

S~eeI AddreS$ TCity. State and Zip Code

I

County

1221 W. JacksonBolivar.. Missouri 65613

Polk

I

MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONSCOMMiSsiON ON HUMAN RIGHTS

CHARGE OF DISCRIMINATION

; J

This form Is a"eCffJd by the PtJViU;:YAct of 1974; $£$ Privacy Act Stafcmertt beforecomplellng thIs fDrm.

Named below Is the Employer, Labor Organization, Employment Agency;ApprenticeshIp, CommIttee,

State or Local Government Agency who discriminated against me (if more than one list below).

Nem.,No. ofEmployee,fMembOf.TelephoneNo.(Includema Code)

Cityof Bolivar,Missouri,Poli~ Departm~ntOver50

. 417-326-5298

5t/e&tAddres.City,Sial. and Zipcoda

345 S,. MainAveBolivar. Missouri, 65613

NameNo.ofErnploy.esfM,mb'rs Telephon. No. (InGludaArea eoiko)

. ",., "\

~:;.,~i;wi,~:~

City, State tlr1d Zip CodeI,,'!'

Cau5. of DhiiclimlnaUon based on (ChBok 9Pproprlafe box(es»)

.

DR... 0 Color 181 Sex

o N'~onelOrigin 0 Religion 0 Age

o Disability' (] Retallalion 0 O'h.r (Spe<i/YJ

The: Partlcul~ Are Iff lJdd~aI ¥aoojt; ne~&d. att~,c~ ~)(rrB.~hlle~($)):. ,..)'L I."

"

See a\tachad 'Statement. .. .

Dat8 Discrimlnadon took Place(Month. Doy, voon

January 14,2011

FILEDtJAY 13 lOll

jIII,I

.' ,

[8J I want thlt> charge filad with botn. thee EEOC and the MissouriCommission on Humal)

~ight$,. I will ad-.,!se the agencies If, change my

iaddre:!i~ or talophone number .md I wm coopera.te full)' with ~hem in tile

" proces~111g d my charge tn aCO<IrdantQWllh th.elr procedures.

"'"I

,~~,;", I decl~re under p.en~t)'()f p~rjury that Ihe.forBg~~9Is true anti corrQCt.

:~;,I /~~.:'ilJaI.':; ..

.~,~~ j,)C ," ~ -=-----~,,*;,;,t' ~.

~'J' . I ,ClIOttli;,g Party (Slgno""'.).

t' t. ~.\ .

. ,..-'''Ig.

.. GreeneCounty .

. C-OmaljS$irll~ #194aar~6

I swear or a1flrm that \ have read the above cttarge ~ thalli Is truQ to

the bi::st of mv knowledge. it'IformaUon and b.lief.

,~subscribed"and sworn tobsfore me this dats (Dav. month end

Ys,

.1iII

MCHR-~1 (4-99)!A1

Date-

~,..-.- ,--

1was terminated tTommy employment with the Bolivar, Missouri, Police Department on

November 30,2010, on aCGountof my sex, female. 1~ppealed that tennination to the CityCouncil of the City of Bolivar, Missouri, and on Jallu~ry 14,2011, that body sustained my

termination..

1charge that my tennination was the culmination of a long line of discriminationagainst mebecause I ama woman, by the Chief of Police, C. Michael Seibert and members of his stltff andother officers within the Police Department.

The following are some examples of the many discriminatory actions against me on account ofmy sex: .

In April, 2006, there was an incident while I was working with a male officer, Ofc.Skinner.During our shift 1had arrested a male subject tor operating a motor vehicle without a valid

license. Also in the shift I was dispatched to a physical domestic in which 4 people were

arrested. It was after this incident that I was given a three day suspension, without pay, and, extended 3 month probationas a disciplinary action. .

I had been brought into Chief Seibert's office and questioned about the above mentionedincidents. I was asked why I made the arrests I made. 1explained the reasons why I had taken theaction I had taken. Chief Seibert proceeded to yell at me telling me that he felt I did what I did

. because I was "badgeheavy". Male officers, during my tenure as a police officer for Bolivar,.

Missouri, never were accused of being "badge heavy" to my knowledge, nor were male officersdisciplined for making. an arrest during a physical domestic call, or for making an arrest of lin

individual for operating a motor vehicle without a valid driver's license.

This conversation occurred on my days off. A day or so later I was called into the office and,given the above mentioned disciplinary action. I received a letter from the chief explaining the

l~above mentioned discipline; however the letter given to me merely stated, "This deeision was/i made for the reasons and concerns that we discussed a few days ago,"

.. ,

(.:"!

~,.\180mApril of20061.waswtittenup.~ivetl~msl\t£d written counseling) by Lt.Parks for..

.joking with another officer [after I had bee~ "instructed to try to fit in more with ihe male. officersand to have a camaraderie with them and to socialize and joke with them] aJId conversations Iwas having with other officers. I was being accused of instructing officers to Write tickets topeople like pizza delivery drivers (without the needed class of driver's license to be ablc to drive

. .as a pizza delivery person) and people who were using dealer plates illegally. I wrote an !DC tothe command staff explaining the conversations that were taking placc. I explained that I was notinstructing anyone to do anything..l explained. that the conversations in which Lt.Parks was

referring to were questions that had been asked of me by other officers. I explained that every .

officer has an area of their profession that they excel at, and that at times other officers seckaQvice or ask questions of these officers because it is felt that the officer has more knowledge in

;~I~~! ~rea. I explained that I was merely trying to help officers with questions they had about,;'~ainissueswithlaw.

. FILEDMAY 1 S 2011

"o.

~ .. __, u al"'-'&!' -.------

Prior to this I had been instructed by Lt.(Captain)Van Tassell and Chief Seibert that I needed to,

sociali2,\:andjoke morewith the "_guys"and have a camaraderiewith them, When I wouldsocialize-and joke with my fellow male officers [I was the only female officer] my conversations

and dpinions would be brought into the spot light and then I would receive a write up, verbalcounseling or some kind of discipline. My attempts to "just be one of the guys" to fit in and todevelop a camaraderie with male officers led to my termination as will beset forth hereafter.

I was working a traffic grant in 2006 or 2007. I had stopped a male subject for failing to sigilal 3times, I made my contact with the driver and gave him a warning. I had returned to the police

department to use the restroom. Chief Seibert saw me, asked me to step Into the break room.

Upon doing so Chief Seibert stated, "What have I told you about mickey mouse stops?" I asked, .

what he was speaking of. He stated, "Stopping people for not using a turn signaL" I explainedthatl-was on a traffic grant and needed 3 minimum stops itn hour.

j explained~that the violation.l"10'-

saw was my third stop for the hour. Chief Seibert stated I didn't need to be stopping people for

such a simple violation and to use my head. No male officers during my tenure were counseledfor doing their job on traffic grants and stopping people for moving violations."In 2006 or 2007 I had observed a black in color Ford Mustang with no license plates. I stopped

the vehicle for the violation. Upon stopping the vehicle I learned that the lady driving the vehicle

had received the vehicle as a gift that Bill Grant Ford had given her. She stated that she had just'picked the vehicle up. I explained that she needed to have some form oflicense on her vehicle

and explained her options. She received a warning. I had responded to the police department touse the restroom. '

.

"

Chief Seibert was coming down the hall and he saw me in the squad room. He stopped andquestioned me abput the traffic stop. Someone had called him and complained. Chief Seibert

began yelling at me asking me if! remembered what he had told me about making "bullshit

. stops," I stated that there was a violation and that I checked it out. I stated that I had given thedriver a warning. The neXt day I brought in my video and handed it to Capt.Van Tassell. I

. .explained what had OCCUITedthe night before and asked him to reviewthe video. Later that day

'Capt: Van TasselHold me bitn -and Lt.Hali had'r~viewed the video and found.no-Wl'J;\I1gdoing on '

!my behalf.

,

In 2008, I was given Ii"rookie" to train. Prior to commencing to train this new officer, Ofc.Sharpl'

. .

had told me to be careful because there were people who would like to see me fail. I took whathe said under advisement.

c'

A few weeks later I was. caJled into Cpl.Magill's office, who explainedthat there had been.several complaints about my training this officer. I asked what kind of complaints, Cpl.Magillstated that he was not go'ingto discuss it, but advised that it was under investigation: I feel this

. was setting IDeup to fail, since I was left without any knowledge of what I might allegedly be- -

doing improperly, so as to correct the supposed problem. I add, that there isField TrainingOfficer training available, and I was acting in accordance with that training.,

.' FILED, '

MAY. 1 S 2011

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:..----..."

Later, I received a write up from Cpl. Magill, for letting the trainee do things out of the phase he

was in. But it should be noted that I had talked to Ofc.Sharp and told him how well the traineewas doing in phase one and that I felt he could benefit to try and do some ofthe things from

.phase 2 suchas run 28's and 29's [licensechecks for people and vehicles].I was told not to let,him and to keep him in the phase he was supposed to be in. I was then relieved of my duty totrain this new officer. After losing my trainee I noted that a few days later the trainee was using

the radio running 28's and 29's with his new FTO. This officer, Ofc ,Barron, a male had violatedthe FTO procedure applied to me and nothing was said or done to my knowledge for theviolation, because he was a male,

During tbe investigation that I had been informed was supposed to be about my training ofthis

new officer. Instead J found that J had to defend myself on several different

allegations. I had

receiveda written reprimand for the FTO issue, complaints from dispatch, complaints £rem a '

citizen (that I was not aware of}, complaints from other ortie-ers, and Cpl,Magill's

complaint that

I had slammedhis office door whenI left his office.

.

.".

In this same reprimand was a discussion that I had with an officer, with whom there had been a'disagreement about an accident report. This officer had n',entionedthe

argument to Ofc.Barron

"Who in turn took this to Sgt.Brothers, The officer I had the disagreement with was not even, .

,,'asked about what happened or his feelings on the situation. The command staff took it upon

themselves to try and reprimand me for the incident without a formal complaint from the officer

I had the disagreement witb, and without even giving me the cbancettl explain my side of thesituation. This multi-faceted

reprimand was further evidence of the discriminatoryanimus

. against me by the Bolivar police Departmentand its male officers.

I was verbally counseled for sitting in the squad room and discussing other officers,

departments,

.

dispatch etc.. After I challenged this counseling, by bringing up the fact that everyone did thesame and that none of the male officers involved in the discussions were counseled on this, ot

. cautionednot to do It, and after I asked why I was the only one being questioned and written up

for this conduct, the issue was dropped.

. In 2007, the command staff decided to give officers, of their choosing, senior officer status. This'.

.

,:" was so that when a corporal or above is not present there is someonethere with supervisory.

'

,';"authoritY. I have been passed over for this titie several times by officers that have much less

experience than I have. I haveapproximately 10 years in law enforcement. I liave been an

01. .' ...

..'lnstructo~wIth the Missouri Sheriff's

Academy. However, at no time have I been offered to be a

, .senior officer with this department. Th~officers promoted have had less than 3 to 4 yearS'iifexperience. All were male officers. There is no criteria set for the position. The position is just

given by choice of the patrol lieutenant and sergeant. It should also be noted that the StandardOperating Guides were changed after I was not named to the senior officer status, so that noone

can be promoted to corporal without first being a s(:nior officer. I charge' this was done,toprevent me from attaining any further rank, due to my sex, female. FILED

MAY 1 S 2.01\;

, .

"",im\!(~;nn DOaUfllan R1gblS.

In October of2009, I had been asked in the fall of2009, if! wanted to go into investigations.Myself and Ofc.Raynard ""ere offered this opportunity. I tllmed it down stating that I liked being

on the road and that investigations is not where I wanted my career path to go. In October of2009, a male subject by the name of Charles Mashbum had come to the police department and

made several complaints about officers mistreating him. I was on holiday when this occurred.

When I came bitck to work fellow co-workers told me that Mashburn went to the policedepartment They informed me that my name was brought lip and that he had complained to the

'i:hief about me. That following Monday I was called into Chief Seibert's office and told that I

was being placed into investigations. Chief Seibert stated that the transfer would take place in 2weeks. I asked why I was being made to go into investigations when I had tumed it down. ChiefSeibert stated, "Because I said so and that's the way it's going to be," Chief Seibert also madeseveral references that "this is not a punishment."

Chief Seibert never asked me about the Mashburn incident or gave me an opportunity to give my

side of what happened with the contact. I did however tell Capt.Van Tassell and Lt.parksthat I

had hear about Mashburn complaining about me and that I dou't know why he would because it

had been at least a year to a year and a half since I had stopped him. Nothing else was ever said.or asked about it.

.

,hi the summer of 2010, I.had worked a DWI want. I arrested a male subject for driving while"'suspended. There was an issue with his license, but I had verified with MULES that the license., was indeedsuspended. The male then went to the police departmentto retrieve his license back.':Yhad seiied it due to the fact he was suspended the night before. A male officer gave the man

.~'backhis license not knowing what was goingon and without botheringto try to contact meto

find out why the license had been taken.'

. A few days later I saw the male again and he was driving. I stoppedthe vehicle and arrested themale a second time. The female passenger called the police department and began complainingaboutme atTesting the male. Upon my arrivalto the police department I went to the assistant to

the prosecutor's office. We had discussed this case and I she had a verified record from DORthat he is indeed suspended. Chief Seibert was sitting in this employee's office. It was apparent

,

that he was upset or angry. I walked in on her explaining to the chiefthat the male wassuspended' and that I was okay to be arresting him. I asked the chief to come look at the

; T.paperwork in regards to this male. When he saw the paperwork he calmed down.

'" ,i Afterwards I was told by other staff that chief had taken the phone call from the female

,

, passenger and had come out of his office yelling about me. I was told that he was yelling.that he.'

was going to fire me and that this was it he was tired of nle enforcing the traffic laws. This was

all said and done before the chief had talked to me or asked any questions as to what was goingon. FILED

MAY 1 8 201t11<0 Comfl\l,!lionon \IUIIIanRl~

. -- -JoUi'cion CItf 011I00

'1.'

"'.;

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'.

In September or octo\x'r of2010, Cpl Ross had bought a new phone, Chief Seibert, Cpl Ross,Lt.Sharp, Capt.Van Tassell,

Ofdlendrickson, Lt.Parks and I were present. There may have

been another officer present also. We were in a restaurant eating lunch..

CpI.RosS was looking

up names of people onlhe phone with urban dictiopary. He was reading the definitions out loud

in a very audible voice and they were quite profane and vulgar in nature. No one counseled with

Cpl. Ross or tried to stop him from continuing his vulgar tirade, and no one ever mentioned thatI, a woman, was present and that it might be

inappropriate to utter such verbage in my presence.

There were other patrons in the restaurant and were within hearing distance for the profanity and

, wlgar language.

.'

In October of 2010, 1had a meeting with Chief Seibert and explained to him that I was unhapPY

in investigations and that I wanted to return to the road. Chief Seibert stated that everyone is intheirpositions because it is what is best for the department.

He-stated,thathe needed a Woman in' '"

investigations so that someone could relate to female victims. Chief Seibert stated that he was

not going to move !'"1yoneanywhere. A few weeks later Lt.parks asked me if Capt.Van Tassell'

or Lt,Sharp had spoken with me. I stated no. Lt.Parks told me that Cpl.Ross, who was once in, investigations,had gone to the captainand lieutenant and expressed that he, was unhappy being

on the road as a corporal and that he wished to return to

investigations. Lt.parks told me that

Cpl.Ross had told them that he would resign his position as corporal and even give up the.

supervisor pay to return toinvestigations, Lt.Parks then informed me that "they" were talking of

I putting me on the road two daysa week, one day of admin, and two daysin investigations. I was

'r!info~ed that this probably wouldn't take place till the first of the year. Lt.Parks also stated that

',..~e ,felt that "they" should give me a chance. He did not elaborate on what he meant by that,..;.<.

.

statement.

A week or so after I'm made aware of Cpl.ROSS'sintentions to come back to investigations 1 was

called into the office and told by cpt Ross and Cpl. Barron and told that J had a formal

'

complaint written against me for harassment. I was not told the particular

allegations even

though I asked what they were. I asked who thecomplaintant was and was told that they were'

not going to discuss it that it was underinvestigation.

.'

".,

1 was called into the officeof11-17-10 by Lt.Sharp. He gave me paperwork with a summary of

the allegations. He informed me thatI was onadministrative leave, with pay, until further notice.

Lt.Sharp did tei! me who made the complaint after 1asked at least twice for it.

. In November, 2010 while at lupch Chief Seibert had come in after interviewsfor the animal. '

.., control officer position. He was asked by some of the officers, how the interviews were going

\ and if anyone looked hireable. Chief Seibert made the comment that he was hesitant to hire a, female for the position because females have been such a problem in the past.

In November, Ofc.Palmer and I had retrieved some Busch beer to destroy. As 1was walking out

ofthe squad room I made the comment that I hated to pour out beer, but that it was Busch and Ididn't like Busch. Ofc.Coots looked up from his computer and stated, "That's not what I heard"

and began laughing. This was a sexualcomnlent, which was directed to me, due to 'IL~D

MAY1 3 2011

"classic" feminine looks. I have been"ribbed" by the guys in the past abouthomosexuality.They have made commentg iuslnv.ating that I am a lesbian or have lesbian desires, Despite the

.fact that I am a heterosexual female, and that it is known that I am, I took the "ribbing" and just'

joked back with them despite that it hurt my feelings and they are aware that it bothers me. The

Chief and administrators knew of this conduct and did nothing to prevent these words.

In 200412005 Sgt.Magili was involvedin a domestic violence incident with his wife, Charges. 'were dropped, but the domestic was physical in nature and there are photos ofthe incident. In

.

. .

2009120 I0 Ofc.Hendrickson pulled his duty weapon from his holster and pointed it at another. .'

officer. In 2008 Ofc.Coats had an active ex parte order of protection against him. Per SOG he issuppose to tum his duty weapon in every night and not be in possession of it unless on duty.

While Ofc.Coats was under suspension for violation of another policy I saw him at a game inBuffalo Missouri wearing his duty weapon and.badge. Lt.Parks, was also at this gameand-sawQfc.Coats. It is a violation of policy for command staff to fraternize with subordinates.

Ofc.Coats was living with Capt.Van Tassell while employed at the police department.

,

~'i'

In December, 20 I 0., the Chief and his administrators heard of my having a stone which I hadbeen given by an employee of the City Prosecntor'soffice. I had the stone and was going tohave it appraised to'see if it was genuine or glass. I forgot about it. The Chief and hisadministrators attempted to have me charge with some crime and went so far as to contact the

Missouri Highway Patrol, Division of Drug and Crime Control to investigate the incident. This.'

was just another example of me, a woman, being treated differently from male officers who aregiven preferential treatment and who are allowed to break policy and the laws.

.I have been 'a victim of discrimination based on the incidents and conversations listed above, Ihave been so uncomfortable in my work that attimes I have not made traffic stop or written

, :. tickets in (ear of being disciplined or possibly even losing myjob. I have at times stopped. ~ ,.

.

. talking with fellow officers for fear that I would again be in the office for something that I said

\ 'o~perhaps didn't even say. When I have stopped communications and just came in and worked,

'not~cializing I have been "dinged" for it on evaluations. I have never been so insecure in aplace of employment before. The common jokes at the Mpartmeni,are:"h~ just tell the brWis.Blake told you to do it and your good". The other common joke is: "you want to go back toinvestigations? Just piss off the chief..you'll get back there." I have had officers tell me that the

command staff does not care for me but none have elaborated on the issue.

.'

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rILED~/>.'( 1 S 1.0U

11I0 CommlsslOll 011 Ruftl8J\ Ra1"

J'''srsonC\tY()ftIeII

,

n

.' . j. .

MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS

MISSOURI COMMISSION ON HUMAN RIGHTS

JEREMIAH W.(JAY) NIXONGOVERNOR

LAWRENCE G. REBMANDEPARTMENT DJRECTOR

ALVIN GART£R

COMMIS$K)tj CHAIR~~S"ON

AL,SA WARRE;N PH.D.EXI;:(':V1'IVE DIRECTOR

Amanda D. Blake214 E ParkviewBolivar, MO 65613

NOTICE OF RIGHT TO SUE

RE: Amanda D. Blake vs. BOLIVAR CITY OF/POLICE DEPARTMENTE.05l11-39242 28E-2011-01091C

Based on the investigation, the Execu~ve Director was unable to conclude that the information obtained established violations 01 theMissouri Human Rights Act. Therefore, the Missouri Commission on Human Rights (MCHR) is terminating its proceedings in thiscase. Because you are entitled to disagree with this decision, the MCHR is nonetheless issuing you this notl"6 of your right to suethe respondent(s) named in your complaintso that you may continue the pursuit of yourclaim in court.

'

,:'" '~~,':;.:-;IYou are hereby notified that you have the right to bring a civil action within 90 days of the date 01 this leiter againilt the respo/ident(S)r:,r,; ~named in the complaint. Such an ac~on may be brought in any slate circuit court in any county in which the u~1 d~~atoiy;'!~H~practice is alleged to have occurred, either belore a circuil or associate circuit judge. Not only must any action brou9bHtI~rt:,~i;..\;pursuant to this right to Sue authorization be filed within gO days from the date of this leiter, any such case must also be filed Mlater lhan two years aft"r Ih. alleged cause occurred or your reasonable discovery olthe alleged cause. .

IF YOU 00 NOT FILE A CIVil ACTION IN STATE CIRCUIT COURT RELATING TO THE MATTERS ASSERTED IN YOUR,COMPLAINT WITHIN 90 DAYS OF THE DATE OF THIS NOTICE (AND WITHIN TWO YEARS OF THE ALLEGED CAUSE, ORTHE DISCOVERY OF THE ALLEGED CAUSE, OF YOUR COMPLAINT), YOUR RIGHT TO SUE IS LOST.

You are also nolified that the Executive Director is administratively closing this case and terminating all MCHR proceedings rela~ng10 your complaint. You may not reinstate this complaint with the MCHR or file a new complaint with the MCHR relating to the same

.act or practice, but rather, ff you choose to continue to pursue your complaint, you must do so in court as desCtibed in this leiter. Thisnotice of right to sue has no effect on the suit-filing period of any federal claims

In addition to the process described above, if .ny p.rty i. .ggrieved by this decision of the MCHR, that party may appeal thedecision by filing a petition under Ii 536.150 of the Revised St.totes of Missouri in state circuit court. Any such petition must be filedin the Circuit Court of Cole County.

Respectfully,..

tH f_ (.;:::~q,llH(!B'ii(!:\'.

:j-\:"",..f :'i",!';iimliv:j,)\V

i:G:. , '~;~ilt in (\"U!~':1,0 ',..,

Nisi! Warren. Ph.D.EXeCUtive Director

January 17, 2012Date

'BOliVAR CITY OF/POliCE.DEPARTMENT .,

345 S Main Avenue,Bolivar, MO 65613

Jane DrummondAttorney at LawSCHREIMANN RACKERS ET At..2316 St. Mary's Bivd.. Ste 130Jefferson City, MO 65109

Richard CritesAttorney at Law2045 S Glenstone, Ste 201,Springfield, MO 65804

'I'

D D o D3315w'TAUMANBLVD.

P.O. Box 1129~F~RSO~ CITY,MO 65102-1129{ PHO~I5; 573-751-3325. FAX: 513-751-2905

Relay MissolJri: 1.800.735.2966 (TOO) 1-800-735-2466 (VoiC¤)VNIN.laoor.mo:gDVlhr mGhr@labor.mo.g'ov

111 N.7TH$TREET, SUITE 903ST. loUIS, MO 631 01-21 00

PHONE: 314-340-7590

FAX: 314-340-7238

P.O. Box 1300

OZARK, MOeS72:h1300FAX: 417-48S-6024

1410 GENESSEESTREET

KANSAS CITY. MO 64102.1047

FAX: 81&-889-3582

106AFn'HUR$TRE:I;.'r

SuITeDSIKESTON, MO 63~1-.54$4

FAX. 513-47M321

,