CSEA sued in wake of Raucci scandal

PHOTOGRAPHER: Steven Cook

The local and regional CSEA systematically tried to silence dissent against convicted arsonist Steven Raucci and an alleged co-conspirator, failing to investigate complaints and retaliating even after Raucci’s arrest, according to a new federal lawsuit.

Four CSEA local officers — among them Raucci targets Harold and Deborah Gray and local treasurer Cynthia Chevalier — filed the suit Thursday in U.S. District Court in Albany.

Among the many allegations in the suit is that regional CSEA President Kathleen Garrison sought and won Raucci’s and then-Local president Joanne DeSarbo’s assistance in her re-election bid in 2008.

In return for that assistance, the suit alleges, Garrison “took steps to silence the critics of both Steven Raucci and Joanne DeSarbo.”

The four are seeking damages, as well as a restraining order preventing the union from further retaliating against them and preventing any elections for union officer positions until a referee is appointed to supervise the election.

They also took aim at the administratorship that Local 847 was placed into in the wake of Raucci’s arrest, calling it essentially a tool to target them and not Raucci’s alleged co-conspirator, the Local president Joanne DeSarbo.

In affidavits filed with the suit and request for restraining order, the Grays, along with Chevalier, wrote that following Raucci’s February 2009 arrest it became clear to them that CSEA was going to try to use them as scapegoats when CSEA had done nothing about their continued complaints against Raucci and DeSarbo.

Filing the suit along with the Grays and Chevalier was Darcy DeGeorgia. Harold and Deborah Gray had been Local 847’s first vice president and secretary, respectively. Chevalier was the treasurer and DeGeorgia the unit president for the Schenectady County Community College.

In the suit, they allege the union retaliated against them for questioning the actions of certain members, tried to silence them by removing them from office, denied them a fair hearing, used the administratorship as a tool to silence them and then expelled the Grays and Chevalier for failing to comply with an illegal demand.

Contacted Monday, a CSEA spokesman declined to comment. The attorney for the plaintiffs, John Hoke, did not return a call for comment.

The Grays and Chevalier all testified last month at Raucci’s criminal trial, as did Garrison.

Many of the allegations in the suit mirror those made by the Grays at trial. The suit also makes use of Garrison’s testimony. She was called as a defense witness, but underwent a blistering cross-examination by Schenectady County District Attorney Robert Carney. Portions of that cross-examination were included in papers.

According to the suit, the Grays and Chevalier met with Garrison on at least six separate occasions between 2000 and March 2009, alleging DeSarbo was using Local 847 resources for her own personal benefit.

They had also objected to Raucci’s dual role as both supervisor and union unit president and threats to employees.

Raucci, 61, was the facilities manager for the Schenectady City School District. He was convicted April 1 of first-degree arson and 17 other counts that are expected to net a lengthy prison term. He is to be sentenced June 1.

The prosecution charged that Raucci was responsible for numerous criminal acts, including placing bombs on homes or cars, in a series of incidents intended to intimidate people he perceived as enemies or enemies of his friends.

Prosecutors alleged that Raucci was protected by school district administration, who found he kept labor peace. Raucci was also protected from above in the union, with the local president DeSarbo helping prevent employees from going above Raucci, according to trial testimony.

DeSarbo faces her own charge related to a burglary at the home of another union employee, Laura Balogh. Raucci was convicted of conspiring with DeSarbo to vandalize and attempt to bomb Balogh’s home in 2007. Balogh is pursuing her own retaliation suit against the union.

Regarding Garrison, paperwork related to the suit supports the allegations that Garrison was protecting Raucci by citing a Raucci e-mail used at the trial. In the e-mail, Hoke notes in his own affidavit, Raucci ordered his employees to support Garrison in her 2008 re-election bid.

The suit states that among Garrison’s alleged steps to protect Raucci and DeSarbo was an attempt in July 2008 to disqualify Hal Gray from holding elected office.

Also, the suit claims that the administratorship, referred to in the suit as a “trusteeship,” was only enforced against the Grays and Chevalier. DeSarbo and others, according to the suit, were allowed to continue in their roles.

DeSarbo was even allowed to continue as unit president for social services despite “serious concerns” over missing unit funds, the suit says.

But in the Schenectady County Community College unit, Deborah Gray and DeGeorgia were replaced by members defeated in the previous election.

Also, internal disciplinary charges were filed against the Grays and Chevalier, charges that ultimately led to their expulsion on March 31, the day before Raucci was found guilty. The paperwork also suggests similar charges were filed against DeSarbo.

The union alleged what were referred to in the suit papers as minor transgressions, including advanced payment of travel expenses without proper paperwork, and a practice that paid local officers’ salary without regard to taxes. The last practice was in place for a decade and with long-standing approval and disclosure.

The accusations resulted in a “sham” hearing and findings that ordered them to return money paid during the long-standing salary practice, the suit claims. They refused, resulting in their expulsion.

Also in the lawsuit papers is more information on the allegations of missing money in the social services unit and allegations that a public “frivolous” legal action taken by CSEA in mid-March 2009 against Chevalier came after CSEA officials tried to block her from complying with a subpoena.