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Cop accuses city police of harassment

(EDITOR’S NOTE: A correction to the following story was published on April 18, 2017. The correction stated: City police Lt. Steven Helm testified in 2013 in a civil trial involving former city police Capt. Raymond O. Kontz III. Then Capt. Timothy Miller was not named as a defendant in the case. Also, the ex-wife of former city police Chief Gregory A. Foresman made postings on social media against Foresman while he was campaigning for district judge. Helm’s wife commented on some of the postings but did not initiate them.)

A shake-up occurred Thursday in the Williamsport Bureau of Police as a seasoned police lieutenant filed an 18-page civil complaint in U.S. Middle District Court, alleging a hostile work environment and potential violation of his rights of free speech and free association.

Lt. Steven Helm, president of the Fraternal Order of Police Lodge 29, alleges civil violations of an officers’ right to free speech, right to free association and a violation of both department policy and the state Labor Relations law.

Represented by attorney Michael J. Zicolello, the defendants include former captain and assistant chief Timothy Miller, former Chief Gregory A. Foresman, present Chief David J. Young and the city.

Helm alleges incidents in the complaint in which these individuals openly expressed their antagonism toward him and members of the local police union.

In March, Young suspended Helm five days for violations regarding alleged dissemination of confidential department information, according to the suit.

The suspension occurred despite Helm passing a polygraph test, in which he denied disclosing any confidential department information and denied that he was aware his wife was making confidential information public, and the polygraph examiner indicated there was no deception.

The alleged poor work environment dates back to May 2013, when Helm provided favorable testimony at a civil rights trial for citizens who had pursued a civil rights claim against Miller, who then held the rank of captain.

Helm’s testimony included unfavorable statements regarding Miller’s reputation in the department and the trial resulted in a verdict going against Miller.

In October of that year, Miller was training officers about a proposed rental ordinance, which had not been passed by City Council, but in which Miller was a significant player and main proponent. In the course of training, Miller advised the officers that under the ordinance they possessed the legal power to evict people without due process.

Helm then asked whether such action was constitutionally permissible. Miller purportedly became openly and vocally hostile toward Helm as a result of the question, screaming at Helm and accusing him of being insubordinate for asking a question, according to the suit.

In 2014, then city officer Jonathan DePrenda was involved in a crash during a pursuit that resulted in the death of a man. Helm sought to ensure the officers’ rights were protected. With public sentiment clearly against the officer, leadership for the city police made every effort to distance themselves from the officer, according to the suit.

Helm, in his capacity as union president, said he performed his duty to protect the officer’s employment rights and raised questions as to the handling of the matter by police command staff.

In December 2014, Miller was assigned to the position of assistant chief. In January 2015, Foresman announced his candidacy for an open district judge position.

Helm’s wife joined a public campaign against Foresman’s candidacy, which included posting information on the internet related to a protection from abuse order and discipline of Foresman.

Foresman allegedly asked Miller to compose an email threatening the police members and accusing one of them of being a “media leak,” according to the lawsuit.

Helm recognized the Feb. 13, 2015, email as a violation and while Miller rescinded the email and said the matter of the media leak would “be readdressed in an appropriate manner ASAP,” the harassment continued, according to the suit.

In April that year, police held an open house at City Hall headquarters. During it, members publicly opposed to Foresman’s campaign for district judge made a display of their opposition in the police department vicinity.

On April 8, Foresman wrote an email to police members expressing his dissatisfaction with the public display. Foresman was aware the participants in the display included Helm’s wife, according to the suit.

On April 29, Miller posted to Facebook a picture he had taken on duty of Helm speaking with a city councilman.

The photograph accompanied the words: “Politics or coincidence? Hmmm, this guy calls for my resignation and is chumming with the competition? The alliances are beginning to take shape.”

On May 1, Miller made two image postings to his Facebook page indicating that he had been betrayed or “backstabbed.”

On May 14, Helm filed unfair labor practice charges against the city asserting that the postings were designed to intimidate and force members of the union from engaging in legitimate union activity during an election season. Miller was reprimanded for his inappropriate Facebook postings, but Helm alleged the hostile work environment complaint continued.

While Miller was verbally counseled, he received no formal discipline in any way, according to the suit.

That summer, Miller posted a series of videos referring to “hater-ade” videos and he designated himself as a hunter of haters.

Helm also asserts in the suit he was reprimanded wrongly by Foresman as part of a vehicle pursuit and later was accused of conduct unbecoming, violation of performance of duty, lack of competency and failure to cooperate with other agencies.

Young had not closed the matter, according to the suit.

Helm is asking for injunctive relief and wants the court to direct the city to close the pending open disciplinary investigation. He wants the city to rescind the five days without pay suspension and to remove any reference of discipline matters from his personnel file and other relief permitted by law.

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