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City official says he urged leniency
By LEANORA MINAI © St. Petersburg Times, published January 6, 2001 TAMPA -- A labor relations officer reviewing the case of Karen Lea, a St. Petersburg police officer suspended and demoted for making profane remarks, thought her punishment was too stiff. Maybe Lea should be suspended but not demoted, Kevin Moloney, St. Petersburg's labor officer, told two assistant police chiefs after he heard her case. Then Moloney got a telephone call from police Chief Goliath Davis III. "I was surprised," Moloney testified in federal court Friday. "He had never called me before." Ultimately, Moloney upheld the discipline Lea got for disparaging an employee's sexual orientation. But his testimony Friday in the fourth day of Lea's case against the city brought an unusual glimpse into the department's disciplinary process. In her lawsuit, which seeks up to $300,000, Lea says she is a victim of retaliation. She has testified that she was harshly disciplined because she complained about a subordinate officer who made sexually suggestive remarks to her. She says Officer James McConaughey, who made the sexual remarks, was given considerably lighter discipline from Davis. Lea was demoted from sergeant to officer and suspended for 30 days after a March 1998 incident in which a computer manager inadvertently deleted a file Lea had worked on for two hours. Lea berated him and made profane comments about his sexuality. Since the demotion, Lea has been unable to work and suffers from major depression, doctors testified. She collects a $29,000 annual service-connected disability pension. In testimony Friday, Moloney told jurors that at the time he was considering Lea's case, he thought the discipline she received was "overkill." Moloney said he talked with his supervisor, Julie Upman, and assistant police chiefs Lois Worlds and Rick Stelljes to ask whether they would be willing to reduce the penalty, he said. "The suspension was my favored discipline," Moloney said. "They said they'd think about it." Then the chief, one of three police officials who meted out Lea's discipline, called Moloney. "He said, "I understand you have some doubts about the case,' " Moloney said. Davis offered to meet with Moloney to "go over the facts," Moloney said. "He didn't offer an opinion one way or another," Moloney said. Lea's attorney, James Sheehan, asked Moloney whether he felt pressured by Davis' telephone call."I certainly felt surprised," he replied. Moloney said that if he had overturned the city's discipline, the city may well have lost at the next level. Lea appealed the discipline and lost in arbitration. At the arbitration hearing, Moloney talked privately with Lea, he said. "I said I thought the whole thing was excessive," Moloney said. But Moloney told her he could not overturn the discipline for her. "I know which side my bread is buttered," Moloney said. "I know what they wanted me to do and that's what I did." The city will have an opportunity to cross-examine Moloney next week when testimony in the case resumes. Recent coverageAttorney disputes officer's allegations (January 5, 2001) Former police officer: Discipline was biased (January 4, 2001) Chief conflicts (December 3, 2000) Judge removes police chief from lawsuit (May 3, 2000) Ex-officer's lawsuit alleges retaliation by the brass (March 11, 2000) Attorney to give statement on chief (September 10, 1999) One more chapter in the saga of the police chief (August 31, 1999) Davis brings change, spawns controversy (May 30, 1999) Defender of chief is also his inquisitor (May 15, 1999) Investigators: Testimony led to punishment (May 8, 1999) Ex-officer's lawsuit claims retaliation (February 23, 1999) Who truly gets dignity, respect at police station? (February 9, 1999) St. Petersburg chief walks tightrope (June 14, 1998)
 © 2006 • All Rights Reserved • St. Petersburg Times
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