Former supervisor, town face lawsuit

Woman who was employed by the municipality alleges she was sexually harassed for years

MILTON, N.Y. » A former employee has filed suit against the town of Milton and former Supervisor Dan Lewza, seeking damages for alleged “horrific” sexual harassment over a four-year period.

A suit filed Tuesday on behalf of Theresa Wilson, Lewza’s former confidential secretary, says he texted her a lewd message shortly after she began work in January 2012, in which Lewza allegedly said, “I want to show you my hard (penis).”

The suit, filed in state Supreme Court Saratoga County, says Lewza continued a pattern of similar conduct during her employment, which she could not afford to leave, with two young boys to support and a mortgage to pay off.

“She put up with it until finally it became too much for her,” said Wilson’s attorney, Mark McCarthy of Albany.

Lewza, who chose not to seek re-election to a fourth two-year term in November, could not

immediately be reached for comment.

Wilson left the town on Dec. 31, 2016, and says she was promised a job with Saratoga County, which she never got, as part of an agreement between her former attorneys and the town. The agreement, approved by the Town Board in executive session, was supposed to remain confidential.

But information became public soon afterward.

In November, Lewza filed a notice of claim against the town, a prerequisite to a possible lawsuit that alleges damages and lost income totaling $340,000.

Lewza’s claim alleges that Councilwoman Barbara Kerr leaked information about the confidential settlement to an area newspaper, which caused him “embarrassment, humiliation and mental distress from the town.”

By filing a notice of claim, Lewza has one year to initiate a lawsuit against the town.

McCarthy said Wilson has been unemployed since leaving the town and is unable to find work despite responding to “over 100 advertised jobs.”

He said publicity surrounding the case has made potential employers shy away from hiring her.

Wilson had been earning $39,000 as Lewza’s secretary, with an extensive benefits package including healthcare.

However, McCarthy declined to specify a dollar amount she is seeking for being out of work more than a year, plus healthcare costs, and restitution for pain, suffering and emotional damage.

The 21-page suit, filed on Wilson’s behalf, says Lewza had an “emotional and sexual obsession” with Wilson and “repeatedly sought to force (her) to meet with him in his office” behind closed doors.

“Lewza’s behavior was so extreme and so obvious that (Wilson) began to be informed by other members of the community that the belief was that she was in a sexual relationship with Lewza, all of which caused her to lose respect among other town employees who did not know her well,” the suit says.

On multiple occasions, Lewza would drive by her house and once entered her property without permission, the suit says.

In March 2016, Wilson filed a written complaint and the town hired an attorney to conduct a private investigation that summer, which resulted in no apparent finding of wrongdoing. Lewza also denied any wrongdoing, the suit says.

However, the confidential settlement agreement was finalized and signed in October 2016. McCarthy said Wilson was paid $10,000, but was refused employment by the county. The agreement called for her to get a job worth at least $40,000, comparable to her position with the town, the suit says.