State Police Capt. McKinney Files Discrimination Complaint with RI Commission for Human Rights

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State Police Capt. McKinney Files Discrimination Complaint with RI Commission for Human Rights

Colonel Jim Manni, RI State Police
In a scathing statement, recently retired Rhode Island State Police Captain Gerald McKinney asserts that the leadership of the agency discriminated against him and that he was targeted by top officials including Colonel Jim Manni and Major Timothy Sanzi.

The statement was made as part of McKinney’s formal complaint to the state, with the Rhode Island Commission for Human Rights.

“I believe I was discriminated against on the basis of my race and color (black) and retaliation in that I am subjected to derogatory and disparate treatment due to my protected class. I maintain a satisfactory employment record. I was employed by respondent for approximately twenty-five (25) years. I was the longest-tenured detective within my division with close to twenty (20) years of continuous service. I was one (1) of only two (2) black male employees on the Command Staff. I have held the position of Assistant Detective Commander for the last two and one half (2 ½) years,” charges McKinney, who is African-American.

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This is just the latest blow to the Rhode Island State Polic who are under scrutiny for a range of allegations.  A GoLocal investigation has found that a number of issues are now pending with the Rhode Island Attorney General’s Office and the U.S. Attorney’s office in Providence

See a full recap of pending controversies HERE.

McKinney asserts, “Throughout my employment, I never received any negative evaluations or formal complaints. On or about March 5, 2019, Colonel Manni transferred several command staff members to different positions without any prior discussion with Command Staff. This date was Colonel Manni's second day as Superintendent. The Command Staff is comprised of seven (7) Captains, two (2) of which are black. The transfer resulted in the only other minority staff member being moved from the position of Director of Training/Diversity Officer to a uniformed Captain position. Colonel Manni announced the appointment of Major Timothy Sanzi as the new Detective Commander effective March 6, 2019. Prior to this appointment, Major Sanzi's last assignment was in December 2011, at the rank of Corporal. After his appointment, Major Sanzi asked several staff members, ‘Does McKinney know what he is doing?’”

McKinney claims that Manni worked to push McKinney out of the agency, ”I believed this to be an extremely odd question to ask about the Detective Bureau's second highest-ranking member and the only active member with twenty years of service within the Detective Bureau. Since his appointment, Colonel Manni did not take the opportunity to meet with me on an individual basis. Nevertheless, I witnessed Colonel Manni interact with non-minority Captains privately in closed door sessions. On or about March 15, 2019, Major Sanzi advised me that four (4) detectives under my supervision were being redelegated to Captain John Alfred (non-minority), Cyber Task Force Coordinator without justification. Upon information and belief, this was the first time in my twenty-five (25) years of service that detectives were removed from the supervision of the Assistant Detective Commander.”

 

Capt. McKinney
McKinney Claims Sanzi Targeted Him

“Major Sanzi's action created speculation and rumor within the Detective Bureau that I was not performing my duties and/or responsibilities. Approximately four (4) days later, without any justification, another detective was removed from my supervision. Since Major Sanzi began serving as my supervisor, he has held closed door meetings with detective supervisors. He excluded me from said meetings and I was not briefed on the relevance and/or context of these private conversations that involved subordinates that are under my direct supervision. Since March 6, 2019, Major Sanzi's verbal and written correspondence with me was demeaning and condescending. His treatment was disrespectful of me and the position I hold. Major Sanzi does not communicate with similarly situated non-black employees in this manner.”

The complaint further claims, “The manner in which he communicated with me clearly demonstrates a discriminatory attitude and bias. On more than one (1) occasion, Major Sanzi has treated me as an ‘errand boy’ rather than as my position as Detective Captain. He singled me out for mistakes that I had nothing to do with. On or about April 10, 2019, I was called into his office for a discussion, which resulted in an informal counseling session regarding my alleged poor communication with him. He also presented me with an Interdepartmental Communication to further his position concerning my alleged 'lack of communication.' This communication was from a detective indicating I was failing to communicate with him. Upon further review of this document, I observed that some of the information was not consistent with an incident in question.”

In addition, McKinney claims, “Following my meeting with Major Sanzi, I met with said detective and was informed that, while I was on vacation, Major Sanzi had directly ordered him to provide a synopsis of the investigation and his communication as such. Upon reviewing the document, this detective advised that he could see how the information stated could be misinterpreted and that he had no intention of confusing the facts of the case. This incident further demonstrated that Major Sanzi was going out of his way to find a means to discipline me. Later in the day, Major Sanzi sent an email to unit supervisors falsely alleging that I had informed him of 'hysteria' within the Detective Bureau. Upon information and belief, none of my non-minority similarly situated co-workers are addressed and/or spoken to in the derogatory manner in which Major Sanzi communicated with me. It is apparent that Colonel Manni and Lieutenant Colonel Barry have chosen to perpetuate the disparaging, discriminatory and racially biased environment within the Division. The actions and the failure to take corrective action by Respondent's supervisors caused me to work in a hostile work environment based on my protected class. On or about April 12, 2019, I informed Colonel Manni, in the presence of Dennis Fleming, that I was the victim of a hostile work environment due to racial bias. I provided Colonel Manni with a draft narrative detailing the basis of my complaint." 

McKinney Asserts Manni Retaliated

The complaint to the Commission on Human Rights is consistent with the complaint document GoLocal had received previously that McKinney believes that Manni has retailiated against him. The complaint states that, "On or about April 15, 2019, I was advised by Lieutenant Colonel Joseph Philbin that he had a conversation with Colonel Manni regarding my complaint. That day, Lieutenant Colonel Philbin indicated to me that Colonel Manni made a casual threat that he had the 'Donnelly-Taylor allegations in the bank.' Donnelly-Taylor is a member of the State Police who had made allegations in 2018 that he was aware of the cover-up of an assault. Specifically, Donnelly-Taylor stated in the complaint that he had sent to the Governor's Office, Attorney General's Office and the State Police that I had assaulted a juvenile at the Lincoln Barracks in 2014, and that there has been a cover-up of the incident."

"Based on Donnelly-Taylor's allegations an investigation was ordered by the then Superintendent of the State Police. Upon the conclusion of said investigation, I was advised that the matter was closed, and no further action was warranted. In April, 2019, I commenced a medical leave of absence. On or about July 9, 2019, I was informed by respondent's Legal Counsel, Adam Sholes, that Colonel Manni had told him to notify me that he had initiated an internal investigation regarding the alleged assault of a juvenile that took place in 2014. Attorney Sholes further advised me that the investigation was being handled by the Connecticut State Police and that I should be expecting a call from them. Colonel Manni made good on his April 15, 2019 retaliatory threat. It is clear that his actions are in retaliation for my having previously advising respondent in or around April 2019, of the detailed narrative alleging racial discrimination. The incident in question had been thoroughly investigated in 2018 and it was determined that there had been no willful assault, outside of the scope of my duties upon the juvenile detainee. Therefore, there was no justification to engage an outside agency to re-investigate the unfounded allegations of Donnelly-Taylor. On or about July 22, 2019, the Respondent required me to surrender my service weapon. In addition, on September 16, 2019, I was informed that I would be removed from paid sick leave. During all relevant times, I complied with the requirements of the sick leave policy. From September 28, 2019 through November 6, 2019, I was placed on unpaid sick leave. Similarly-situated Caucasian employees at Respondent have received paid sick leave for a period exceeding six (6) months."

McKinney's complaint concludes that, "These actions by my former employer are motivated by racial animus and in retaliation for my having reported discriminatory and unlawful employment practices. I was subjected to discrimination, harassment and retaliation by the Respondent. I am the victim of unlawful employment discrimination based on my race and color (black) and in retaliation for my opposition to unlawful employment practices. These actions are in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2, et seq., the Fair Employment Practices Act, R.I.G.L. §28-5-1, et seq., and any other applicable state and/or federal statute concerning race and/or color discrimination which the Equal Employment Opportunity Commission ("EEOC") and/or the Rhode Island Commission for Human Rights ("RICHR") has jurisdiction."

State Police Response

In response to the inquiry from GoLocal, Manni provided the following comments about McKinney's claims.

"Although the Rhode Island State Police (RISP) has not yet received a copy of any discrimination complaint filed with the Human Rights Commission by any current or former Division employee, the RISP categorically denies any and all allegations set forth in the recent articles in the Providence Journal and GoLocalProv. These allegations of discrimination and bias are completely baseless, and I look forward to addressing the merits of any complaint that is served on the RISP in the proper forum.

Diversifying our ranks remains among my top priorities. We are actively working to ensure that our department better reflects the community it serves as we graduated the most diverse class of troopers in state history from the academy this year. We look forward to continuing to build upon that progress."


Lawsuits and Allegations Piling Up for RI State Police - November 25, 2019

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