Daily Freeman (Kingston, NY)

Police department watchdog was rebuked for work jokes

- By Jake Pearson

NEW YORK » New York’s newly named top investigat­or of police misconduct was himself the subject of workplace complaints, accused among other things of making an inappropri­ate joke about a colleague’s backside and referring to an area where Hispanic employees sit as “el Barrio,” according to a confidenti­al report obtained by The Associated Press.

Jonathan Darche, appointed last week as executive director of the Civilian Complaint Review Board, was accused of making the remarks in 2013 while deputy supervisor of a prosecutio­n unit at the agency. The nine-page report substantia­ted some of the complaints, and he ultimately forfeited four vacation days and received management training.

Among the substantia­ted complaints: Darche, who is white, referred to cubicles where Hispanic employees sat as “el Barrio,” Spanish for neighborho­od and an apparent reference to a Manhattan neighborho­od with a large Latino population.

During an elevator ride months later, according to the report, Darche either touched or attempted to touch a male employee’s buttocks, then asked a woman standing next to him, “Why did you grab his ass?” the memo said.

In another incident, after a male employee jokingly asked Darche whether it was “casual Wednesday” because he was wearing a softball Tshirt, Darche responded with a crude reference to a sexual act, according to the report.

Two other substantia­ted complaints involved leaving an inappropri­ate phone message with a black employee and once suggesting he would give his children “black names” to help them get into college, the report found.

Darche, 44, didn’t respond to messages from the AP seeking comment. But according to the report he told investigat­ors he had apologized for the “el Barrio” remark, hadn’t meant any harm by the elevator prank and only made the crude remark in response to the joke about his T-shirt because he was embarrasse­d by the attention.

He said the voicemail was a reference to a song by the artist Prince that wasn’t meant to offend the employee and said he didn’t recall the exact comments regarding the names, the report found.

The CCRB’s chair, Maya Wiley, said in a statement that she took the 2013 complaints into considerat­ion when hiring Darche but that he had since proved himself to be a fair leader. “Mr. Darche took responsibi­lity, was held accountabl­e, and has demonstrat­ed his commitment to our policies and staff,” she said.

Not all the employees named in the report were offended by Darche’s behavior and none of them made formal complaints. The investigat­ion was instead initiated by a senior official in the office who heard about the incidents.

Nicole Junior, Darche’s former deputy, told the AP that while she was initially offended by the voicemail, she forgave Darche after he apologized directly to her.

And Alan Alvarez, a former CCRB prosecutor who was among the Hispanic workers sitting in the cubicles that Darche had called “el Barrio,” told the AP that he didn’t remember hearing him use that phrase. He called Darche a “very profession­al, very intelligen­t and very thorough individual.”

The CCRB, an independen­t agency, employs more than 100 investigat­ors to look into allegation­s of police misconduct, pursuing cases ranging from excessive force to complaints about officers’ use of offensive language.

It has been mired in controvers­ies in recent years. Darche is the third executive director in the last four years. His two predecesso­rs both sued it. One claimed she was fired after blowing the whistle on sexual harassment allegation­s. That lawsuit was settled. The other alleged a previous board chairman had inappropri­ately called her a sexual word, an allegation he denied. That lawsuit was dropped.

In February, a low-level investigat­or resigned after being accused of revealing secret disciplina­ry records of the police officer who used a deadly chokehold on a Staten Island man in 2014.

Former employees say the turbulence in upper management is partly to blame for a culture of complaints at the agency, where young investigat­ors challenge decisions and others document grievances big and small to leverage them for career advancemen­t.

“It is demoralizi­ng to try and do good work in that environmen­t,” said Andrew Case, who served as the agency’s director of communicat­ions from 2001 to 2008.

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