Attorney General James Announces Reforms at Clinton County Jail After Reports of Sexual Harassment and Misconduct

 

New York Attorney General Letitia James’ Law Enforcement Misconduct Investigative Office (LEMIO) today announced a settlement with the Clinton County Sheriff’s Office (CCSO) and Clinton County resolving its investigation of sexual harassment, retaliation, and gender-based discrimination of women Corrections Officers (COs) and allegations of misconduct involving women incarcerated at the Clinton County Jail in Plattsburgh. As a result of the Office of the Attorney General’s (OAG) intervention, CCSO has agreed to take significant steps to improve conditions at the jail and to ensure a safe and secure environment for both COs and incarcerated women, including the appointment of an independent outside monitor and the implementation of the Prison Rape Elimination Act (PREA). This settlement is the first of its kind LEMIO has reached with a county sheriff’s office.

“Women corrections officers should never fear showing up to work and incarcerated women should not be afraid of the individuals responsible for their safety,” said Attorney General James. “This agreement puts Clinton County on the correct path forward to improve conditions and ensure a safe and secure environment for both corrections officers and incarcerated women. I thank the Clinton County Sheriff’s Office for its willingness to work together to address reports of misconduct and harassment and implement real changes to improve conditions.”

LEMIO Investigation

In February 2023, LEMIO opened an investigation pursuant to New York Executive Laws 63(1) and 75(3) after receiving complaints alleging misconduct at the jail. The investigation focused on the policies, procedures, and practices at the jail and included an extensive review of CCSO records, a visit to the jail, and interviews with CCSO employees and individuals formerly incarcerated at the jail.

Overview of Findings

The OAG investigation determined that in 2021, several women COs submitted complaints to the Clinton County Department of Personnel regarding persistent sexual harassment, including unwanted physical contact, sexual comments, and requests for sexual acts. The Department of Personnel concluded that although the women COs reported the harassment to supervisors at the jail, it was not acted on as required by Clinton County’s sexual harassment policy. The Department of Personnel further concluded that two male COs violated the sexual harassment policy, and a male sergeant engaged in a sexual relationship with a woman subordinate. One of the male COs resigned, and the remaining male CO and male sergeant were disciplined but remained employed. Women COs reported to OAG that after the Department of Personnel completed its investigation, the women COs experienced retaliation and were discouraged from reporting additional complaints to the Department of Personnel.

In addition, during OAG’s investigation, formerly incarcerated women alleged misconduct by male employees, including touching and groping of intimate areas of incarcerated women, purposely brushing or rubbing up against incarcerated women, and sexual comments. The CCSO was previously made aware of some of these allegations and conducted interviews with some of the women, but otherwise CCSO did not contemporaneously memorialize the investigation or any findings. Formerly incarcerated women and CCSO personnel also reported to OAG that they filed or received grievances regarding the misconduct they experienced and witnessed, but CCSO could not locate these grievances or records documenting investigations of these grievances.  

The OAG further determined that the Clinton County Jail is not in compliance with PREA, a federal law enacted to address and eliminate sexual assault in correctional facilities and jails.

Settlement Terms 

The CCSO has agreed to take steps to ensure a safe and secure environment for both incarcerated individuals and COs. Under the terms of the settlement with OAG, CCSO will adopt new policies and procedures, provide additional training, and develop and implement strategic plans to prevent misconduct toward incarcerated individuals and to prevent workplace sexual harassment, subject to input and approval from LEMIO. The CCSO will also implement PREA in the jail. To assist with these efforts, CCSO will retain an independent outside monitor for four years, who will report to OAG on CCSO’s compliance with the settlement and strategic plans twice per year for a period of four years.

LEMIO was established by Executive Law 75 for the purpose of increasing public safety, protecting civil liberties and civil rights, ensuring compliance with constitutional protections and local, state, and federal laws, and increasing public confidence in law enforcement. Pursuant to Executive Law 75, LEMIO can investigate allegations of misconduct, including patterns and trends, and review policies and procedures of covered agencies. Where appropriate, OAG may pursue civil litigation to address persistent misconduct.