New Mexico Department of Public Safety, Complaint

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IN THE UNITED STATES DISTRICT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
Plaintiff,
v.
THE NEW MEXICO DEPARTMENT
OF PUBLIC SAFETY,
Defendant
________________________________
COMPLAINT
Plaintiff, United States of America, alleges:
1. This action is brought on behalf of the United States to enforce tie provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et sec.
2. This Court has jurisdiction of the action under 42 U.S.C. § 2000e-5(f) and 211 U.S.C. § 1345.
3. This defendant New Mexico Department of Public Safety is a governmental agency of the State of New Mexico created pursuant to the laws of the State of New Mexico. (N. M. Stat. Ann. § 9-19-4 (Michie 1978)).
4. The defendant is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer within the meaning of 42 U.S.C. § 2000e(b).
5. The defendant has subjected Crystel L. Menefee to discrimination in employment on the basis of her sex, female, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2 (a), among other ways, by:
(a) Subjecting Ms. Menefee to sexual harassment during her employment in the New Mexico Department of Public Safety which created an intimidating, hostile of or offensive work environment and which adversely affected the terms, conditions and privileges of Ms. Menefee's employment; and
(b) Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Ms. Menefee.
6. The Equal Employment Opportunity Commission (EEOC) received a timely charge filed by Ms. Menefee, Charge No. 390-97-1118, in which she alleged that she had been discriminated against on the basis of her sex. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the allegations of discrimination on the basis of sex were true, attempted unsuccessfully to achieve through

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8/15/2007

New Mexico Department of Public Safety, Complaint

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conciliation a voluntary resolution of the charge and subsequently referred the matter to the Department of Justice.
7. A11 conditions precedent to the filing of suit have been performed or have occurred.
Wherefore, the plaintiff prays that this Court grant the following relief:
(a) Award compensatory damages to Crystel L. Menefee as would fully compensate her for injuries caused by the discrimination against her as alleged in this complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a; and
(b) Require the defendant to take other appropriate nondiscriminatory measures to overcome the effects of the discrimination, including the implementation of an effective program to: address and prevent sexual harassment against females within the ranks; ensure that employees with sexual harassment allegations are not discouraged from bringing forth their complaints; and ensure that all complaints of sexual harassment, including those made to supervisors, are promptly and objectively investigated and resolved.
The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
Janet Reno Attorney General
By:
_________________________ Bill Lann Lee Assistant Attorney General Civil Rights Division
______________________ United States Attorney District of New Mexico
_______________________________ Assistant United States Attorney District of New Mexico 201 3rd St., N.W. Suite 900 Albuquerque, New Mexico 87102 505-766-3341
_____________________ William B. Fenton Larry G. Ward

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New Mexico Department of Public Safety, Complaint
Attorneys U.S. Department of Justice Civil Rights Division P.O. Box 65968 (202) 514-6341

Page 3 of 3

http://www.usdoj.gov/crt/emp/documents/nmdpscm.htm

8/15/2007

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,

;:[::i. .~ "'

Plaintiff,

VS.

No. CIV OO-1656JPIRtP..

THE NEW MEXICO DEPARTMENT OF PUBLIC SAFETY,

Defendant.

ANSWER TO THE COMPLAINT For its answer and affirmative defenses to the United States of America's Complaint, the New Mexico Department of Public Safety ("DPS") states: I. DPS admits that the action is brought on behalf of the United States and involves claims allegedly arising under 42 U.S.C. § 2000(e), et seq., but denies that it has violated the statutory provision in any manner. 2. DPS admits the jurisdictional allegations of paragraph 2. 3. DPS admits the jurisdictional allegations of paragraph 3. 4. DPS admits the jurisdictional allegations of paragraph 4. 5. DPS denies the factual allegations contained in paragraphs 5, 5(a) and 5(b). 6. DPS denies the factual allegations of paragraph 6 of the Complaint regarding the timeliness ofL1. Menefee's EEOC Charge No. 390-97-1118, and admits that Lt. Menefee alleged that she had been discriminated against on the basis of her gender in that charge. DPS denies the remaining allegations of the Complaint regarding the EEOC's investigation, its conclusions, and its conciliation attempts. DPS admits that the EEOC referred this matter to the Justice

Department. 7. DPS denies the factual allegations of paragraph 7 of the Complaint. AFFIRMATIVE DEFENSES First Affirmatjye Defense Plaintiff's claims are barred by Lt. Menefee's failure to comply with the administrative
and procedural requirements of 42 U.S.C. § 2000(e), et seq. Second Affirmative Defense
Plaintiffs claims are barred by DPS' exercise of reasonable care to prevent and promptly correct any sexually harassing behavior and barred by Lt. Menefee's unreasonable failure to take advantage of any prevention or correction opportunities provided by DPS or to otherwise avoid harm.
Third Affirmative Defense Plaintiffs claims are barred to the extent they rely on alleged incidents of harassment against Lt. Menefee that DPS neither knew about nor should have known about.
Fourth Affirmative Defense Plaintiffs claims are barred by failure to comply with applicable statutes of limitations.
Fifth Affirmatjye Defense To the extent Plaintiff seeks to recover damages under 42 U.S.C. § 1981(a), Plaintiffs Complaint fails to state a claim upon which relief may be granted in this litigation.
Sixth Affirmative Defense Plaintiff s claims are barred under the doctrine of laches. WHEREFORE, having fully answered the Complaint, DPS requests this Court to dismiss
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the Complaint in its entirety, and for such other relief as it deems just and proper.
Respectfully submitted,
HINKLE, HENSLEY, SHANOR & MARTIN, L.L.P.
By: -El-'e?2C.-s.--"f-ZL~a-se==-y ---~-'-~
Post Office Box 2068 Santa Fe, New Mexico 87504-2068 (505) 982-4554
Attorneys for Defendant, New Mexico Department of Public Safety
CERTIFICATE OF SERVICE I hereby certify that I did on this 251h day of January, 2001, cause the original and one true and correct copy of the Answer to the Complaint in the above-referenced matter to be served via first-class mail postage prepaid to:
Raymond Hamilton Assistant United States Attorney District of New Mexico 201 3,d St., N.W. Suite 900 Albuquerque, New Mexico 87102
William B. Fenton Larry G. Ward Attorneys U.S. Department of Justice Civil Rights Division P.O. Box 65968 Washington, D.C. 20035-5968
Ellen S. Casey
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

,- '!T~~_f~. S!'J~Tf:S r)ISTR!CT (OURl
• - ' ' ' , ' '.' I ~F)<~~C-
MAR - 5 ZOOl

UNITED STATES OF AMERICA,
Plaintiff,
v.
NEW MEXICO DEPARTMENT OF PUBLIC SAFETY,
Defendant.

CIVIL NO. 00-1656 JP/RLP

PROVISIONAL DISCOVERY PLAN 1. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on February 14 at 9:30 a.m. and was attended by:
Larry G. Ward, Esq. and Claire L. Gregory, Esq., Department of Justice, Civil Rights Division for Plaintiff, and
Hinkle, Hensley, Shanor & Martin, L.L.P., Ellen S. Casey, Esq. for Defendant New Mexico Department of Public Safety (" DPS" ) .
2. Discovery Plan. The parties jointly propose to the Court the following discovery plan:
Discovery will be needed on the following subjects: a. The basis for the claims in Plaintiff's complaint. b. The details of the sexual harassment to which Lt.
Menefee has allegedly been subjected during her employment with Defendant DPS.

c. The identification of all DPS civilian and police personnel Lt. Menefee claims witnessed or engaged in the alleged sexual harassment.
d. Knowledge of the alleged sexual harassment by the Defendant DPS.
e. The alleged failure by the Defendant DPS to prevent and correct the alleged sexual harassment.
f. Lt. Menefee's alleged conduct and participation in sexual harassment of co-workers and supervisees.
g. The extent of Lt. Menefee's claimed injuries and damages.
h. Lt. Menefee's current ability to work. i. The investigation conducted by the EEOC and the
Department of Justice of Lt. Menefee's claimed sexual harassment. j. The investigation conducted by the Defendant DPS in response to Ms. Menefee's EEOC charge no. 390-97-1118 and the Department of Justice's notice of investigation. k. All defenses asserted by the Defendant DPS. All discovery commenced in time to be completed by September 14, 2001. Discovery on (issue for early discovery) to be compl.eted by _ _ _...!n",o!.!t..a.!1!D:I'D",li"ca",b",l"e_ _
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Maximum of 50 interrogatories by each party to any other party. (Responses due 30 days after service.)
Maximum of 30 requests for admission by each party to any other party. (Responses due 30 days after service.)
Maximum of 30 depositions by Plaintiff and 30 by Defendant DPS.
Each deposition, other than of experts and parties, (which shall include Lt. Crystel Menefee and DPS' designated representative) limited to 4 hours unless extended by agreement of the parties. Depositions of parties, to include Lt. Crystel Menefee, DPS' designated representative and experts limited to 8 hours unless extended by agreement of parties.
Reports from retained experts under Rule 26(a) (2) due: from Plaintiff by June 14, 2001. from Defendant by July 16, 2001.
Supplementation under Rule 26(e) due as required by Fed. R.Civ. P. 26.
3. Other Items. The parties request a settlement conference at the close of discovery. The parties request a pretrial conference thirty days before the case is set for trial.
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Plaintiff should be allowed until March 14, 2001 to join additional parties and until March 14, 2001 to amend the pleadings.
Defendant should be allowed until April 14, 2001 to join additional parties and until April 14, 2001 to amend the pleadings.
All potentially dispositive motions should be filed 75 days after the close of discovery.
Plaintiff shall provide the Pretrial Order to Defendant 60 days before trial and Defendant shall submit to the Court by 30 days before trial.
Settlement may be enhanced by use of mediation. The parties believe that the possibility of settling this case is fair and request that this case be referred to Judge DeGiacomo for mediation to be scheduled within the next 30 days and at the convenience of the court.
~iarry G. ward
Claire L. Gregory
Attorneys U.S. Department of Justice Civil Rights Division P.O. Box 65968 Washington, D.C. 20035-5968
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I ~aymon Ham~lton
~Assistant United States Attorney District of New Mexico 201 3rd St., N.W. Suite 900 Albuquerque, New Mexico 87102 Attorneys for Plaintiff United States of America
HINKLE, HENSLEY, SHANOR & MARTIN, L.L.P. By: TELEPHONIC APPROVAL Ellen S. Casey Post Office Box 2068 Santa Fe, New Mexico 875042068 (505) 982-4554 Attorneys for Defendant, New Mexico Department of Public Safety
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 IN THE UNITED STATES DISTRICT COURT

FILEO

FOR THE DISTRICT OF NEW MEXICO l'::I:r~ .·1·. 'S [I] ~ ,iJ COURT

U,.) I,--\j._,: oJl N~ // :·i;S'il~O

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

Crystel Menefee,

)

)

Applicant for Intervention,

)

)

vs.

)

)

THE NEW MEXICO DEPARTMENT

)

OF PUBLIC SAFETY,

)

)

Defendant.

)

01HAR29 PH 1:20
CIY. 00 1656 JPIRLP

UNOPPOSED MOTION TO INTERVENE The applicant for intervention, Crystel Menefee ("Menefee"), by and through her undersigned attorneys, moves to intervene as a party in this lawsuit pursuant to Rules 24(a)(I) and 24(b) of the Federal Rules of Civil Procedure and 42 U.S.C. § 2000e-5(t). A copy of the proposed Complaint in Intervention is attached hereto as Exhibit A. As grounds, Menefee states that 42 U.S.C. § 2000e-5(t) confers upon her an unconditional right to intervene in this matter, and that Menefee's claims against the defendant and the main action have common questions of fact and law. The United States of America is not opposed to the Motion, but takes no position concerning the retaliation claim asserted in the proposed Complaint in Intervention.
1
\~

The New Mexico Department of Public Safety is not opposed to the Motion; provided Menefee stipulates to an order of dismissal with prejudice of United State District Court for the District of New Mexico Cause No. CIV 01-226 RLP upon entry of an Order Allowing Intervention in this case. Menefee has agreed to the proposed stipulation; provided such dismissal shall not preclude the filing of the Complaint in Intervention attached hereto as Exhibit A.
WHEREFORE, Menefee requests the Court enter an Order allowing her to intervene in this lawsuit, and to file her proposed Complaint in Intervention.
Respectfully submitted, SOMMER, FOX, UDALL, OTHMER & HARDWICK, PA

By:

~ 1J.104uww

Jack N. dWICk

P.O. Box 1984

Santa Fe, New Mexico 87504-1984

(505) 982-4676

Certificate of Service

I certify that a copy of the foregoing was mailed to Ellen S. Casey, P.O. Box 2068, Santa
Fe, New Mexico 87504-2068, and Larry G. Ward and Claire Gregory, United States Department of Justice, Civil Rights Division, P.O. Box 65968, Washington, D.C. 20035-5968 on this~~ay of March 2001.

Jack N. dwick

2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

Crystel Menefee,

)

)

Intervener,

)

)

vs.

)

)

THE NEW MEXICO DEPARTMENT

)

OF PUBLIC SAFETY,

)

)

Defendant.

)

CIV. 00 1656 JP

COMPLAINT IN INTERVENTION

The intervener, Crystel Menefee, by and through her undersigned attorneys, states her

complaint as follows:

1. This action is brought to recover damages pursuant to Title VII of the Civil Rights

Act, as amended, 42 U.S.C. § 2000e, et seq.

2. The, Crystel Menefee ("Menefee"), is a resident of Santa Fe County, New Mexico.

3.

The defendant New Mexico Department of Public Safety ("DPS") is a

governmental agency of the state ofNew Mexico created pursuant to the laws of the State of

New Mexico.

4. The DPS is a person within the meaning of 42 U.S.C. § 2000e(a) and an employer

within the meaning of 42 U.S.C. § 2000e(b).

5. This Court has jurisdiction of the subject matter of this action and the parties to

this cause.

6. Menefee has been employed by the DPS since 1988.

EXHiBIT A

7. Beginning in 1988, and continuing through the present, the DPS has discriminated against Menefee on the basis of her sex, female, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), by, among other things:
A. Subjecting Menefee to sexual harassment during her employment which created an intimidating, hostile or offensive work environment which adversely affected the terms, conditions and privileges of Menefee's employment.
B. Refusing to promote Menefee to a position for which she was qualified. C. Failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Menefee. 8. On or about August 28, 1997, Menefee filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) in which she alleged that the DPS had discriminated against her on the basis of her sex in violation of Title VII of the Civil Right Act, as amended. The EEOC docketed the charge as EEOC Charge No. 390971118. 9. Following the filing of the August 28, 1997, Charge of Discrimination, the DPS retaliated against Menefee for having filed a Charge of Discrimination. Among other things, on May 26, 1998, the DPS initiated an internal affairs investigation against Menefee in which it was alleged that Menefee had engaged in conduct unbecoming an officer because she had removed an sexually offensive poster from a bulletin board without the permission of the officer who had posted the material. As a result of the initiation ofthe internal affairs investigation, Menefee was precluded from consideration for promotion to the rank of Lieutenant. 10. On or about May 26, 1998, Menefee filed a Charge of Discrimination with the EEOC in which she alleged that the DPS retaliated against her in violation of Title VII ofthe Civil
2

Right Act , as amended for having filed her August 28, 1997, Charge of Discrimination.The EEOC docketed the charge as EEOC Charge No. 390980643.
11. On September 15, 1998, the EEOC issued a Determination letter in which it stated, among other things, that there is reasonable cause to believe that the DPS discriminated against Menefee in violation of Title VII ofthe Civil Rights Act, as amended, on the basis of her sex, as Menefee alleged in EEOC Charge No. 390971118.
12. On October 15, 1998, the EEOC issued a Determination in which it stated, among other things, that there is reasonable cause to believe that the DPS retaliated against Menefee, in violation of the Title VII of the Civil Rights Act, as amended, for having filed her August 28, 1997 Charge of Discrimination, as Menefee alleged in EEOC Charge No. 390980643.
13. On November 17, 1998, the EEOC referred EEOC Charge No. 390971118 and EEOC Charge No. 390980643 to the United States Department of Justice ("DOJ") for review.
14. On November 22,2000, the DOJ filed suit against the DPS in United States District Court for the District of New Mexico, alleging that the DPS has violated Title VII of the Civil Right Act, as amended, as Menefee alleged in EEOC Charge No. 390971118. That lawsuit is docketed as Cause No. 00-1656 JP.
15. On December 6,2000, the DOJ issued a Notice of Right to Sue to Menefee, which Menefee received on December 13, 2000. A true and correct copy of the Notice of Right to Sue is attached hereto as Exhibit A.
16. Pursuant to 42 U.S.c. § 2000e-5(f), Menefee is entitled to file suit to recover relief under Title VII of the Civil Rights Act of 1964, as amended, for violations of 42 U.S.C. § 2000e-
2(a), as more particularly set forth in EEOC Charge No. 390980643.
3

17. Pursuant to 42 U.S.C. § 2000e-5(t), Menefee is entitled to intervene in Cause No. 00-1656 JP to recover relief under Title VII of the Civil Rights Act of 1964, as amended, for violations of 42 U.S.c. § 2000e-2(a), as more particularly set forth in EEOC Charge No. 390971118.
18. Menefee has exhausted her administrative remedies, and satisfied all jurisdictional conditions precedent to maintaining this action.
19. Since the filing of EEOC Charge No. 390971118 and EEOC Charge No. 390980643, the DPS has continued to discriminate against Menefee on the basis of her sex, and has continued to retaliate against her for having filed Charges of Discrimination. Most recently DPS transferred Menefee from her position in Internal Affairs to a previously non-existent position, with no know job responsibilities. By doing so, the DPS intends to isolate Menefee.
20. As a direct and proximate result of the conduct ofDPS, Menefee has been constructively discharged from her employment. Although she remains employed as of the date of the filing of this Complaint, the conditions of her employment are so unreasonable that any person in her position would reasonably be expected to resign.
21. As a direct and proximate result ofDPS's unlawful discrimination and retaliation, Menefee has suffered injuries and damages, including, without limitation, damages for past and future lost earnings, retirement benefits, medical benefits, and deferred compensation benefits, past and future emotional distress and suffering, and past and future medical expenses.
WHEREFORE, Menefee requests an award of compensatory damages in an amount to be proven at trial, an award of attorneys' fees and expenses, and such other and further relief as is just and proper, pursuant to and within the statutory limitations of Section 102 of the Civil Rights
4

Act of 1991,42 U.S.C. § 1981a.

Respectfully submitted, SOMMER, FOX, UDALL, OTHMER & HARDWICK, P.A.

By: Jack N. Hardwick P.O. Box 1984 Santa Fe, New Mexico 87504-1984 (505) 982-4676
Certificate of Service
I certify that a copy of the foregoing was mailed to Ellen S. Casey, P.O. Box 2068, Santa Fe, New Mexico 87504-2068, and Larry G. Ward and Claire Gregory, United States Department ofJustice, Civil Rights Division, P.O. Box 65968, Washington, D.C. 20035-5968 on this _ day ofFebruary 2001.

Jack N. Hardwick

5

Civil Rights Division NOTICE OF RIGHT TO SUE WITHIN 90 DAYS

BLL:WBF:mdw OJ 170 49 168
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Crystal Menefee c/o Jack N. Hardwick, Esq. Sommer, Fox, Udall, Othmer
& Hardwick, P.A. Attorneys at Law 200 West Marcy street, *129 P.O. Box 1984 Santa Fe, New Mexico 87504-1984

Emplayment Litigation Section ~O. Box 65968 libshing",". D.C. 20035-5968 roDH /-800-578-5404
:- ':'..,
;"":'-\.'

Re: Crystal Menefee v. Department of Public Safety, New Mexico State Police, EEOC No. 390-98-0643

Dear Ms. Menefee:

By this letter we are giving you notice of your right to institute a civil action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et ~., on the above-referenced charge. If you choose to commence a civil action, such suit must be filed in the appropriate court within 90 days of your receipt of this Notice.

Therefore, you should consult an attorney of your own choosing at your earliest convenience. If you are unable to loca~ an attorney, you may wish to contact the EEOC, or apply to the appropriate court, since that court may appoint an attorney in appropriate circumstances under Title VII.

We are returning the files in this matter to EEOC's Albuquerque District Office. If you or your attorney have any questions concerning this matter or wish to inspect the investigative file, please feel free to address your inquiry to: Georgia M. Marchbanks, Enforcement Manager, EEOC, 505 Marquette N.W., Suite 900, Albuquerque, New Mexico 87102.

Sincerely,

Bill Lann Lee Assistant Attorney General Civil Rights Division

By: William B. Fenton Deputy Chief
Employment Litigation Section

'T"'" \,:/
::.0.... '1',

,i .<:.-" I',.

I -::.

 
 IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,

Plaintiff, CRYSTEL MENEFEE,

NO. CIV 00-1656 JP/RLP
., , ..

Plaintiff-Intervener,

vs.

THE NEW MEXICO DEPARTMENT OF PUBLIC SAFETY,

Defendant.

NOTICE OF WITHDRAWAL OF MOTION TO ENFORCE SETTLEMENT AGREEMENT FILED UNDER SEAL

The Plaintiff-Intervener, Crystel Menefee, by and through her undersigned counsel,
hereby withdraws the Motion to Enforce Settlement Agreement which was served on opposing
counsel on June 22, 2001, but which has not yet been filed with the Court pursuant to LR
7.3(a)(5) and states that the dispute alleged in the Motion has been resolved.
Respectfully submitted,
SOMMER, FOX, UDALL, OTHMER & HARDWICK, P.A.
By: _~""'-./)1~.~~~,--Ja . HardWick P. . Box 1984 Santa Fe, NM 87504-1984 Phone: (505) 982-4676 Fax: (505) 988-7026

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was mailed, via U.S. Mail, postage prepaid, to Ellen S. Casey, P. O. Box 2068, Santa Fe, New Mexico 87504-2068; and Larry G. Ward, Esq., and Claire L. Gregory, Esq., U.S. Department of Justice, Civil Rights Division, P. O. Box 65968, Washington, D.C. 20035-5968, on this 17th day of October, 2001.
Jack HardwIck

 
 New Mexico DPS Consent Decree

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,

Plaintiff,

CRYSTEL L. MENEFEE,

Plaintiff-Intervenor,

v.

No. CIV 00-1656 JP/RLP ACE

THE NEW MEXICO DEPARTMENT OF PUBLIC SAFETY,

Defendant.

_____________________________

CONSENT DECREE BETWEEN THE UNITED STATES OF AMERICA

AND

THE NEW MEXICO DEPARTMENT OF PUBLIC SAFETY

This action was brought by the United States against the New Mexico Department of Public Safety ("the Department" or "DPS") to enforce the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., as amended ("Title VII"), following receipt by the United States from the Equal Employment Opportunity Commission ("EEOC") of a charge of discrimination filed by Crystel L. Menefee (EEOC charge no. 390-97-1118). This Court has jurisdiction over this action under 42 U.S.C. §2000e-5(f) and 28 U.S.C. §§1331, 1345.

In its complaint, the United States alleges that the Department discriminated against Crystel L. Menefee, a female former employee of the State Police Division of the New Mexico Department of Public Safety, because of her sex in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-2(a), among other ways, by:

a. subjecting Ms. Menefee to sexual harassment which created an intimidating, hostile or offensive work environment and which adversely affected the terms, conditions and privileges of Ms. Menefee's employment; and

b. failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment.

The Department denies that it has discriminated against Ms. Menefee in violation of Title VII. Nevertheless, the United States and the Department, desiring that this action be settled by an appropriate Consent Decree, and without the burden of protracted litigation, agree to the jurisdiction of this Court over the parties, and the subject matter of this action. The parties also hereby waive, for purposes of this Consent Decree only, hearings and findings of fact and conclusions of law on all issues, and further agree to the entry of this Consent Decree as final and binding between them with regard to the issues

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New Mexico DPS Consent Decree

Page 2 of 6

raised in the complaint filed by the United States in this case.
This Consent Decree, being entered into with the consent of the United States and the Department, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by the Department or a finding of any wrongdoing or violation of any applicable federal law or regulation.
It is therefore ORDERED, ADJUDGED AND DECREED as follows:
For purposes of this Consent Decree, the date of entry of the Consent Decree shall be the date on which the Court approves and signs this Consent Decree as an order of the Court.
GENERAL RELIEF
1. The Department, by and through its officials, agents, employees and all persons in active concert or participation with the Department in the performance of employment or personnel functions, shall not engage in any act or practice that has the purpose or effect of unlawfully discriminating against any employee because of that employee's sex.
2. The Department shall not retaliate against or in any way adversely affect the terms and conditions of employment of any person because that person has opposed any practice made unlawful by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., filed a charge with the EEOC, or testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII, including this case or this Consent Decree.
3. Within 60 days after the date of entry of this Consent Decree, the Department shall implement the sexual harassment, racial harassment and anti-retaliation policy ("sexual harassment policy"), attached as Exhibit 1. (1) The Department shall incorporate this Policy into its policy manual at the next regular printing of that manual.
4. The Department shall ensure that a copy of the attached sexual harassment policy is distributed to all of its current employees upon its implementation.
5. Upon its implementation the Department shall make available to its employees the sexual harassment policy by, inter alia, posting it in all buildings, facilities and administrative offices of the Department which are commonly used for posting notices, including but not limited to all offices, districts, subdistricts and facilities of the New Mexico State Police.
6. The Department shall ensure that each new employee receives a copy of the sexual harassment policy at the time of the new employee's hire. Each new employee shall sign an acknowledgment that s/he has read and understood the sexual harassment policy, and this acknowledgment shall be placed in each employee's personnel file.
7. The Department shall implement the Sexual Harassment, Racial Harassment and Retaliation Complaint Investigation and Resolution Procedure ("the Investigations Procedure") attached hereto as Exhibit 2 within 60 days after the date of entry of this Consent Decree. DPS is not required to disseminate or train non-supervisory employees with regard to the Investigations Procedure as set out in paragraphs 4, 5, 6, 8 or 9. DPS shall train its supervisory personnel on the Investigations Procedure as provided in paragraph 10.

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8/15/2007

New Mexico DPS Consent Decree

Page 3 of 6

8. The Department shall provide a minimum of eight (8) hours of mandatory live anti-sexual and racial harassment and discrimination training to all recruits during the course of the recruit training academy. At least four hours of the training shall be conducted by a trainer approved by the United States and shall include a review of employment discrimination laws, the Department's sexual harassment policy, behavior that may constitute sexual and racial harassment and retaliation and the procedures for filing a complaint. No recruit shall be exempted from this training requirement for any reason.
9. The Department shall provide mandatory live anti-sexual and racial harassment training to all employees and supervisors on an annual basis for the life of this Consent Decree. The training shall be conducted by a trainer approved by the United States and shall include a review of employment discrimination laws, the Department's sexual harassment policy, behavior that may constitute sexual and racial harassment and retaliation and the procedures for filing a complaint. No employee shall be exempted from this training requirement for any reason. Any employee who fails to attend the live training shall be required to watch a video replay as soon thereafter as possible. The Department shall conduct at least two trainings for all employees during the life of this Consent Decree, the first to be held within 120 days of the date of entry of the Consent Decree.
10. The Department shall provide an additional annual training by a trainer approved by the United States to all supervisors regarding (1) their specific obligations under the Department's sexual and racial harassment policy; (2) their obligations under the Department's Investigations Procedure; (3) preventing and detecting sexual and racial harassment and (4) Departmental liability issues related to sexual and racial discrimination claims. The Department shall conduct at least two trainings for all supervisors during the life of this Consent Decree, the first to be held within 120 days of the date of entry of the Consent Decree.
11. The Department shall retain the following records during the life of this Consent Decree or as otherwise required by applicable federal record retention requirements:
a. the provisions of any policy on sexual harassment, then in effect, and a record of the effective date or dates of those provisions;
b. any posted notices or poster(s) displayed in Department work areas intended to convey information regarding the prohibition of sexual harassment in the workplace, as provided for in this Consent Decree.
c. all documents that come into the Department's possession involving written complaints, and documents constituting the Department's investigation and resolution, of (i) discrimination in employment on the basis of sex; (ii) retaliation because a person has testified or assisted in any manner, and (iii) the Department's investigation and resolution of any such complaints.
z records of the trainings conducted, as provided for in this Consent Decree, including dates of all trainings and make-up sessions, attendance lists for all trainings and make-up sessions, lists of individuals who fail to attend scheduled trainings or make-up sessions, all training materials and videotapes of all training sessions.
12. For purposes of this Consent Decree, the Department shall report to the United States twice a year. The reporting periods shall run from January 1 through June 30, and from July 1 through December 31 of each year, with the exception that the first reporting period shall begin as of the date of entry of this Consent Decree and end on December 31, 2001 and the final reporting period shall run from January 1, 2003 until 60 days prior to the expiration of this Consent Decree. Within 30 days after the close of each reporting period, the Department shall provide to the United States copies of the materials required to be

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retained pursuant to the requirements of this Consent Decree.
13. The United States shall have the right to inspect and copy any documents aside from the semi-annual reports specified in this Consent Decree that are relevant and necessary to monitor the Department's compliance with this Consent Decree, upon thirty (30) days notice to the Department, without further order of this Court.
SPECIFIC RELIEF
14. The matter of specific relief for Crystel L. Menefee has been resolved separately.
DISPUTES
15. The parties to this Consent Decree shall attempt to resolve informally any disputes that may occur under this Consent Decree. If the United States and the Department are unable to reach agreement after informally seeking to resolve a dispute, the issue may be submitted by either party to the Court for resolution.
16. All documents required to be delivered under this Consent Decree to the United States shall be sent to the attention of:
Larry G. Ward, Esq. U.S. Department of Justice Civil Rights Division Employment Litigation Section 601 D Street, N.W., Room 4916 Washington, D.C. 20004.
17. All documents required to be delivered under this Consent Decree to the Department shall be sent to the attention of:
Ellen S. Casey, Esq. 218 Montezuma/P.O. Box 2068 Hinkle, Hensley, Shanor & Martin, L.L.P. Santa Fe, New Mexico 87504-2068
John Wheeler, II, Esq. Chief Counsel NM Department of Public Safety P.O. Box 1628 Santa Fe, New Mexico 87504-1628
RETENTION OF JURISDICTION
18. The Court shall retain jurisdiction over this Consent Decree for the purpose of resolving any disputes or entering any orders that may be necessary to implement the relief provided in the Consent Decree.
19. This Decree shall terminate two (2) years from the date of its entry. Prior to its termination, any party may, upon notice to the other party and for good cause shown, move the court for an extension of the Decree's term.

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20. The parties should bear their own costs in this action, including attorney's fees, except that the parties shall retain the right to seek costs for any matter which, in the future, may arise from this Decree and require resolution by the Court.

IT is so ORDERED, this _____ day of ____________, 2001.

Honorable James A. Parker Chief United States District Judge District of New Mexico

The signatures of the parties follow on the next page.

AGREED AND CONSENTED TO:

For the United States,Ralph Boyd Assistant Attorney General

For New Mexico Department of

Plaintiff

Public Safety, Defendant

BY:

BY:

___________________________ _________________________

Larry G. Ward (DC Bar 4191) Claire L. Gregory (NH Bar 4063) Employment Litigation Section Civil Rights Division

Nicholas Bakas Secretary
New Mexico Department of Public Safety

U.S. Department of Justice P.O. Box 1628

601 D Street, N.W. Santa Fe, NM 87504-1628

Washington, D.C. 20004 (505) 827-3370

(202) 514-3862

_________________________________

Norman C. Bay

United States Attorney

District of New Mexico

_______________________________

Jan Elizabeth Mitchell

Assistant United States Attorney

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District of New Mexico 201 3rd St., NW, Suite 900 Albuquerque, NM 87102 (505) 224-1472 1. The attached policy concerns both sexual and racial harassment. There are no allegations of racial harassment in this case.

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 U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:00-cv-01656-JAP-RLP

USA v. Public Safety NM Dpt Assigned to: District Judge James A. Parker Referred to: Magistrate Judge Richard L. Puglisi Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 11/22/2000 Date Terminated: 10/16/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Bill Lann Lee US Department of Justice Civil Rights Division PO Box 65998 Washington, DC 20035-5998 (202) 514-4713 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Claire Gregory US Department of Justice Civil Rights Division 950 Pennsylvania Ave, NW Washington, DC 20530-5968 (202) 514-6341 Fax: 514-1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jan Elizabeth Mitchell United States Attorneys Office Civil Division P.O. Box 607 Albuquerque, NM 87102 505 346-7274 Fax: 505 346-7205 Email: jan.mitchell@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry G Ward US Department of Justice

V.
Defendant Public Safety, New Mexico Department of

Civil Rights Division 950 Pennsylvania Ave, NW Washington, DC 20530-5968 (202) 514-6341 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Norman C Bay US Attorney's Office District of New Mexico PO Box 607 Albuquerque, NM 87103 (505) 346-7274 Fax: 346-6852 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Raymond Hamilton U.S. Attorney's Office POB 607 ABQ, NM 87103 505-224-1449 Fax: 505-346-7205 Email: raymond.hamilton@usdoj.gov TERMINATED: 04/18/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William B Fenton US Department of Justice Civil Rights/Employment Litigation Secti PO Box 65968 Washington, DC 20035-5968 (202) 514-6269 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ellen S. Casey Hinkle, Hensley, Shanor & Martin, LLP

Intervenor Crystel Menefee

P.O. Box 2068 Santa Fe, NM 87504-2068 505-982-4554 Fax: 505-982-8623 Email: ecasey@hinklelawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jack N Hardwick Sommer Udall Hardwick Ahern & Hyatt, LLP PO Box 1984 Santa Fe, NM 87504-1984 Email: jhardwick@somlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/22/2000
01/17/2001 01/18/2001 01/25/2001 01/29/2001
01/29/2001
02/05/2001

#

Docket Text

1 COMPLAINT - civil rights with jury demand ( 1 Summons(es) issued) (referred to Magistrate Judge Richard L. Puglisi ) (vv) (Entered: 11/24/2000)

2 WAIVER OF SERVICE of s/c upon defendant Public Safety NM Dept on 12/18/00 (dmw) (Entered: 01/17/2001)

3 MOTION by deft for order to allow electronic filing (mjr) (Entered: 01/18/2001)

4 ANSWER by deft [1-1] (mjr) (Entered: 01/25/2001)

5 INITIAL SCHEDULING ORDER by Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference set on 3/14/01 @ 11:00 am; provisional discovery plan & IPTR due 3/5/01 (cc: all counsel*) (dmw) (Entered: 01/29/2001)

6 ORDER by Magistrate Judge Richard L. Puglisi granting deft's motion for order to allow electronic filing [3-1] (cc: all counsel*) (dmw) (Entered: 01/29/2001)

7 RESPONSE to motion to initial electronic filing by plaintiff (dmw) (Entered: 02/05/2001)

03/05/2001 03/14/2001 03/20/2001 03/21/2001 03/23/2001 03/27/2001
03/29/2001 04/02/2001 04/04/2001 04/06/2001 04/18/2001 04/18/2001 04/24/2001

8 PROVISIONAL DISCOVERY PLAN by the parties (kd) (Entered: 03/06/2001)
9 CLERK'S MINUTES: before Magistrate Judge Richard L. Puglisi Rule 16 scheduling conference held (dmw) (Entered: 03/14/2001)
10 ORDER by Magistrate Judge Robert J. DeGiacomo setting settlement conference on 5/29/01 @ 10:00 am (cc: all counsel by ks) (dmw) Modified on 03/22/2001 (Entered: 03/21/2001)
11 ORDER by Magistrate Judge Richard L. Puglisi setting settlement conference on 9/4/01 @ 1:00 pm (cc: all counsel*) (dmw) (Entered: 03/21/2001)
12 CERTIFICATE of service by deft's of first set of interrogatories and deft's first request for production to opposing counsel on 3/22/01 (former employee) (Entered: 03/26/2001)
13 INITIAL PRE-TRIAL REPORT by Chief Judge James A. Parker and Magistrate Judge Richard L. Puglisi; Discovery set for 9/10/01; mtn filing ddl set for 11/26/01; proposed pretrial order due 12/13/01; pretrial conference set for 9:30 am on 1/3/02; jury trial set for 8:30 am on 2/4/02; Estimated # of Trial Days: 5-7; Chances of Settlement: fair (cc: all counsel) (dmw) Modified on 04/10/2001 (Entered: 03/27/2001)
14 MOTION by Crystel Menefee to intervene (dmw) (Entered: 03/30/2001)
15 CERTIFICATE of service by pltf of initial disclosures to counsel on 2/28/01 (vv) (Entered: 04/03/2001)
16 ORDER by Chief Judge James A. Parker granting motion to intervene by Crystel Menefee [14-1] (cc: all counsel) (dmw) (Entered: 04/04/2001)
17 INTERVENOR'S COMPLAINT by Crystel Menefee (msm) (Entered: 04/06/2001)
18 SUBSTITUTION OF COUNSEL: terminating attorney Raymond Hamilton for USA and substituting attorney Jan E. Mitchell (dmw) (Entered: 04/18/2001)
19 CERTIFICATE of service by deft of first set of interrogs and first request for production to counsel on 4/18/01 (mjr) (Entered: 04/18/2001)
20 CERTIFICATE of service by pltf of 1st set of interrogatories, 1st requests for production of documents, 1st request for

04/27/2001 04/30/2001 05/14/2001 05/14/2001 05/21/2001 05/21/2001 05/21/2001 05/25/2001
05/29/2001 09/25/2001 10/02/2001
10/10/2001

admission to counsel on 4/20/01 (vv) (Entered: 04/25/2001)
21 ANSWER to complaint in intervention by defendant [17-1] (dmw) (Entered: 04/30/2001)
22 CERTIFICATE of service by pltf of responses to 1st set of interrogatories, responses to 1st request for production of documents to counsel on 4/24/01 (vv) (Entered: 05/01/2001)
23 CERTIFICATE of service by pltf of supplemental responses to 1st request for production of documents to counsel on 5/8/01 (vv) (Entered: 05/14/2001)
24 UNOPPOSED MOTION by defendant to extend time until 6/5/01 within which to file a motion to compel (msm) (Entered: 05/15/2001)
25 ORDER by Magistrate Judge Richard L. Puglisi granting deft's motion to extend time until 6/5/01 within which to file a motion to compel [24-1] (cc: all counsel) (dmw) (Entered: 05/21/2001)
26 CERTIFICATE of service by pltf-intervenor of 1st interrogatories, 1st request for production of documents to counsel on 5/17/01 (vv) (Entered: 05/21/2001)
27 CERTIFICATE of service by intervenor Crystel Menefee of responses to 1st request for production, answers to 1st set of interrogatories to counsel on 5/16/01 (vv) (Entered: 05/21/2001)
28 CERTIFICATE OF SERVICE by defendant of mailing a copy of this certificate and answers and objections to pltfs first set of interrogatories to counsel on 5/25/01 (msm) (Entered: 05/29/2001)
SETTLEMENT CONFERENCE held before Magistrate Judge DeGiacomo (kd) (Entered: 05/30/2001)
29 MOTION by intervenor Crystel Menefee for order to allow filing of motion to enforce settlement agreement under seal (dmw) (Entered: 09/26/2001)
30 ORDER by Chief Judge James A. Parker granting intervenor's motion for order to allow filing of motion to enforce settlement agreement & memorandum in support under seal [29-1] (cc: all counsel) (dmw) (Entered: 10/02/2001)
31 MOTION for Extension by defendant to respond to intervenor's motion to enforce settlement agreement until 10/19/01 (dmw) (Entered: 10/10/2001)

10/10/2001 10/11/2001 10/11/2001 10/16/2001 10/17/2001

32 MOTION by defendant to allow filing of motion for extension to file response to motion to enforce settlement agreement under seal (dmw) (Entered: 10/10/2001)
33 ORDER by Chief Judge James A. Parker granting deft's motion to allow filing of motion for extension to file response to motion to enforce settlement agreement under seal [32-1] (cc: all counsel) (dmw) (Entered: 10/12/2001)
34 ORDER by Chief Judge James A. Parker granting deft until 10/19/01 to file response to motion to enforce settlement agreement [31-1] (cc: all counsel) (dmw) (Entered: 10/12/2001)
35 ORDER by Chief Judge James A. Parker of consent decree between the USA and the New Mexico Department of Public Safety dismissing case (cc: all counsel) (sl) (Entered: 10/16/2001)
36 NOTICE by pltf-intervenor Crystel Menefee of withdrawal of mtn to enforce settlement agreement that was served upon opposing counsel on 6/22/01 but not filed w/this court (mjr) Modified on 10/18/2001 (Entered: 10/18/2001)