Records: North Hempstead deputy supervisor cleared in harassment probe that sparked top-level resignation
North Hempstead Town Supervisor Jennifer DeSena is pictured with Deputy Town Supervisor Joseph Scalero, who was cleared earlier this year after a probe into harassment and retaliation complaints led to a female director's resignation. Credit: Newsday/Alejandra Villa Loarca
An internal investigation into harassment and retaliation complaints against North Hempstead Deputy Town Supervisor Joseph Scalero cleared him earlier this year, but sparked a female director's resignation, according to records Newsday obtained.
"I can no longer work in this hostile and retaliatory environment perpetuated by both you and the Town," former purchasing director and deputy town attorney Moira LaBarbera said in a July 21 resignation letter to Town Supervisor Jennifer DeSena.
Newsday obtained documents related to the internal probe and LaBarbera's resignation from the town under the Freedom of Information Law, but many pages were heavily redacted, including her resignation letter.
However, sources with knowledge of the records confirmed the authenticity of an unredacted version of LaBarbera's resignation letter Newsday obtained separately.
LaBarbera, who was set to collect a town salary of $132,303 this year, and her attorney didn't return requests for comment Monday.
In the unredacted letter, LaBarbera wrote she agreed to cooperate as a witness in the harassment hearing. But she said a lawyer for Scalero, her direct supervisor, allegedly threatened her with litigation and she had to hire her own attorney.
LaBarbera also wrote that she disagreed with the findings of hearing officer Brian Davis, an outside attorney who cleared Scalero in the harassment case.
She also revealed a disparaging comment Scalero allegedly made during a June 2022 Republican caucus, saying she had to assume DeSena and Davis agreed such a remark wasn't harassment.
"I can only assume that you both agreed that the statement, 'DO YOU HAVE A DOG WHISTLE, CAN YOU MAKE HER ROLL OVER TOO?' did not constitute prohibited conduct in violation of the Town code and Anti-Harassment Policy," LaBarbera's letter said.
She wrote that the matter left her "emotionally and mentally damaged."
DeSena released a statement Monday saying in part that the matter was “an obviously fabricated political attack against an administration staff member" and she followed protocol in town code “to the letter of the law.”
Her statement also said the allegations were found to be "without merit" by an outside law firm and a hearing officer.
Scalero, who collected a 2022 salary of $164,769.27, declined to comment.
Davis said Monday that "there was a lot of inconsistency between what people said they heard, so I was not convinced by a preponderance of the evidence of the allegations against Mr. Scalero."
Town records show the probe involving Scalero began July 8, 2022, after Town Attorney John Chiara filed an equal employment opportunity complaint against him on behalf of an unidentified North Hempstead employee.
The town hired law firm Lamb & Barnosky, LLP to investigate and create a report related to the town’s anti-discrimination policy and the town code. Two months later, they recommended a formal hearing, saying “there are material facts in dispute to be resolved."
The records show Davis became involved in December 2022 after his hiring as the probe's hearing officer.
Records show on Jan. 17, an unidentified town employee filed a complaint against Scalero alleging retaliation.
A month later, a third law firm, Bond, Schoeneck & King, began probing that complaint, clearing Scalero in April.
In July, Davis cleared Scalero of any misconduct alleged in the original complaint, finding no violation of the town’s anti-harassment policy — in particular, that concerning sexual harassment — or any other town policy.
North Hempstead Democrats have scheduled a Tuesday news conference to criticize DeSena's handling of the matter involving her top deputy, in particular, because they say she didn't follow town procedure for hiring Davis — making his contract an alleged illegal hire.
"All the actions that the supervisor took are problematic … it really raises a question about whether or not the outcome was fair," Councilwoman Veronica Lurvey, a Democrat running for town receiver of taxes, said Monday of the probe into Scalero.
DeSena is a registered Democrat who caucuses with Republicans and is facing off against former North Hempstead supervisor Jon Kaiman, a Democrat, in the November election.
The Democrats plan to ask Nassau's comptroller to launch an investigation.
An internal investigation into harassment and retaliation complaints against North Hempstead Deputy Town Supervisor Joseph Scalero cleared him earlier this year, but sparked a female director's resignation, according to records Newsday obtained.
"I can no longer work in this hostile and retaliatory environment perpetuated by both you and the Town," former purchasing director and deputy town attorney Moira LaBarbera said in a July 21 resignation letter to Town Supervisor Jennifer DeSena.
Newsday obtained documents related to the internal probe and LaBarbera's resignation from the town under the Freedom of Information Law, but many pages were heavily redacted, including her resignation letter.
However, sources with knowledge of the records confirmed the authenticity of an unredacted version of LaBarbera's resignation letter Newsday obtained separately.
WHAT TO KNOW
- North Hempstead Deputy Town Supervisor Joseph Scalero was cleared after facing harassment and retaliation complaints.
- The probe sparked Purchasing Director Moira LaBarbera’s resignation.
- Republican Town Supervisor Jennifer DeSena called the matter “a fabricated political attack” Monday.
- Town Democrats plan to criticize DeSena’s handling of the matter at a Tuesday news conference.
LaBarbera, who was set to collect a town salary of $132,303 this year, and her attorney didn't return requests for comment Monday.
In the unredacted letter, LaBarbera wrote she agreed to cooperate as a witness in the harassment hearing. But she said a lawyer for Scalero, her direct supervisor, allegedly threatened her with litigation and she had to hire her own attorney.
LaBarbera also wrote that she disagreed with the findings of hearing officer Brian Davis, an outside attorney who cleared Scalero in the harassment case.
She also revealed a disparaging comment Scalero allegedly made during a June 2022 Republican caucus, saying she had to assume DeSena and Davis agreed such a remark wasn't harassment.
"I can only assume that you both agreed that the statement, 'DO YOU HAVE A DOG WHISTLE, CAN YOU MAKE HER ROLL OVER TOO?' did not constitute prohibited conduct in violation of the Town code and Anti-Harassment Policy," LaBarbera's letter said.
She wrote that the matter left her "emotionally and mentally damaged."
DeSena released a statement Monday saying in part that the matter was “an obviously fabricated political attack against an administration staff member" and she followed protocol in town code “to the letter of the law.”
Her statement also said the allegations were found to be "without merit" by an outside law firm and a hearing officer.
Scalero, who collected a 2022 salary of $164,769.27, declined to comment.
Davis said Monday that "there was a lot of inconsistency between what people said they heard, so I was not convinced by a preponderance of the evidence of the allegations against Mr. Scalero."
Town records show the probe involving Scalero began July 8, 2022, after Town Attorney John Chiara filed an equal employment opportunity complaint against him on behalf of an unidentified North Hempstead employee.
The town hired law firm Lamb & Barnosky, LLP to investigate and create a report related to the town’s anti-discrimination policy and the town code. Two months later, they recommended a formal hearing, saying “there are material facts in dispute to be resolved."
The records show Davis became involved in December 2022 after his hiring as the probe's hearing officer.
Records show on Jan. 17, an unidentified town employee filed a complaint against Scalero alleging retaliation.
A month later, a third law firm, Bond, Schoeneck & King, began probing that complaint, clearing Scalero in April.
In July, Davis cleared Scalero of any misconduct alleged in the original complaint, finding no violation of the town’s anti-harassment policy — in particular, that concerning sexual harassment — or any other town policy.
North Hempstead Democrats have scheduled a Tuesday news conference to criticize DeSena's handling of the matter involving her top deputy, in particular, because they say she didn't follow town procedure for hiring Davis — making his contract an alleged illegal hire.
"All the actions that the supervisor took are problematic … it really raises a question about whether or not the outcome was fair," Councilwoman Veronica Lurvey, a Democrat running for town receiver of taxes, said Monday of the probe into Scalero.
DeSena is a registered Democrat who caucuses with Republicans and is facing off against former North Hempstead supervisor Jon Kaiman, a Democrat, in the November election.
The Democrats plan to ask Nassau's comptroller to launch an investigation.
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