Schenectady close to settling two claims

Jennifer Costa is shown in this 2013 photo.

The city is moving to settle two high-profile cases involving the Schenectady police and fire departments.

The City Council is looking to settle claims filed by Union College student Broderick Shea, who was arrested during last year’s rowdy Union College hockey championship celebration, and firefighter Jennifer Costa, who alleged she was passed over for promotions as a result of harassment.

The council discussed the two claims during executive session Monday evening. The two items were moved out of committee and are expected to come to a vote Monday, according to Councilman Vince Riggi, chairman of the claims committee.

It’s unclear what the proposed settlements are for the two claims. Corporation Counsel Carl Falotico declined to comment.

Riggi declined to provide numbers, citing nondisclosure agreements.

“We have agreed on numbers,” Riggi said. “It is scheduled to be on the agenda Monday night for a vote and I would say they would be settled then.”

Public Safety Commissioner Wayne Bennett also declined to comment, referring all questions to Falotico. Mayor Gary McCarthy did not return a call for comment.

Shea was arrested during the April 12, 2014, celebration of Union College’s national hockey championship. He was charged with inciting to riot and menacing, misdemeanors, and disorderly conduct, a violation.

The case ended in an adjournment in contemplation of dismissal, according to court records. The case was set to be dismissed if he stayed out of trouble for six months.

‘Smashed his face’

The suit filed by Shea at the time alleges that he was shoved and tackled from behind by police after committing no crime and posing no threat to others. He was one of five Union students arrested as a result of the celebration.

Shea also claims he suffered a facial injury when an officer grabbed him “by the head and hair and violently smashed his face into the concrete pavement.”

Named as defendants in the suit are Schenectady police Officer “K. Figueroa” and about 10 unidentified city officers. Shea sustained a concussion and a cut to his skull that required 21 stitches and plastic surgery to close.

James Knox of E. Stewart Jones Hacker Murphy is representing Shea. Knox could not be reached for comment.

Firefighter’s claims

Longtime firefighter Jennifer Costa claims she was subjected to sexual harassment and two separate death threats at the Fire Department.

She also alleges being passed over for promotions and forced out as a result of the harassment.

Costa claims a majority of the sexual harassment, which occurred over a period of years, came from her longtime supervisor, Lt. Dan Schettine. She also alleges that the complaints went uninvestigated and others retaliated against her for filing complaints.

A threat was left in her locker in September 2011 and again in her boot in February 2014 of “a picture of a face with a bullet in its head,” according to the lawsuit. Costa alleges she was placed on an informal leave of absence Feb. 2, 2014, after the second incident.

The suit also claims she was overlooked for the position of lieutenant several times between October 2012 and September 2013 because of her gender, despite being qualified for the post.

At the time, the city denied the allegations, arguing that all promotions were given to the most qualified eligible candidates at the time.

Earlier this year, Costa also filed a civil rights lawsuit claiming Schenectady violated the Family and Medical Leave Act.

Saratoga Springs attorney Giovanna D’Orazio represents Costa. D’Orazio could not be reached for comment. Michael Murphy is representing the city.