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Officer's complaint settled for $35,000
By ANNE LINDBERG © St. Petersburg Times, published February 4, 2001 PINELLAS PARK -- City administrators have paid $35,000 to one of three female police officers who claim to be victims of sexual discrimination in the Pinellas Park Police Department. While denying they discriminated against her, administrators also agreed to allow Shirley Atherton Marsh to work as a reserve police officer and to provide her with a letter of recommendation for any future job searches. "I believe that the settlement agreement is in the best interests of the city," City Manager Jerry Mudd said. "The reality is this issue would have been far more expensive to resolve through litigation." While the dollar amount may not appear to be large, Atherton Marsh's attorney, Diane Bailey, said a huge settlement was not the goal. "Her motives were always to see positive change for the department," Bailey said. "She feels she has achieved those objectives." Also of prime interest to Atherton Marsh was the ability to serve as a reserve officer, a volunteer position that enables her to maintain her state certification as an officer. Atherton Marsh had alleged that she was the only person ever denied her request to serve as a reserve officer after leaving the Pinellas Park department. If she were to lose her certification, she would have to attend the Police Academy again to get another job as an officer. "That was very important to her," Bailey said. "That was real important to Shirley, obviously, for a future career." It also means that Atherton Marsh will be required to perform some duties each month for the Pinellas Park Police Department, said Chief Dorene Thomas. Those duties could include special details when more officers are needed, such as during the city's holiday parade or during Country in the Park, the annual springtime bash. Using the reserve officers saves the city some overtime costs. Thomas, who was not chief when Atherton Marsh left the department, said she was not certain why the officer's request to be a reserve officer was turned down. But Thomas said Atherton Marsh will do well as a reserve officer. "She was a competent officer," Thomas said. "I see her remaining a competent officer." Atherton Marsh, who had worked for the department since 1989, left before filing three separate claims of sexual discrimination with state and federal authorities. She alleged in her complaints that her problems began when she became pregnant and needed to go on light duty. Rather than being kept as an officer, as are men when they go on light duty, Atherton Marsh said she was forced to become a dispatcher, which is a civilian position that she said amounted to a demotion. In addition, Atherton Marsh said, she had to work the "least desirable shift of 11 a.m. to 7 p.m. "I was told by Sgt. Michael Darroch that, 'We can't not hire women. We can't hire them and tell them not to get pregnant, so to discourage them from getting pregnant, we give them bad days off and bad shift hours,' " Atherton alleged in her complaint. Her problems allegedly continued after she filed her initial complaint. First, then-police Chief David Milchan posted information about her allegations on a department bulletin board next to a Neighborhood Times article about an anonymous caller who had alerted council to allegations concerning a high-ranking police officer who had been accused of beating his wife. The posting made it appear that Atherton Marsh had made the call, her attorney said at the time. That prompted her to file a second complaint, alleging the department was retaliating against her. Then, when Atherton Marsh decided to leave the department, she asked to be kept on the list of reserve officers. Officials denied Atherton Marsh's request, apparently a department first. That resulted in another complaint of retaliation. City officials denied they had discriminated against Atherton Marsh or any other women, but the federal government disagreed. In August, the U.S. Equal Employment Opportunity Commission ruled that the city discriminated against her when it made her a dispatcher. The commission also agreed the city had twice retaliated against Atherton Marsh. Since then, both sides have been negotiating toward a settlement. The claims of two other female officers -- Donna Saxer and Cindy Martin -- that they were also discriminated against have not been dealt with in a similar manner. Saxer and Martin still work for the city. Both Saxer and Martin filed federal discrimination lawsuits last month. It's unclear what effect, if any, this settlement might have on their claims. Catherine Kyres, the attorney for both women, did not return phone messages asking for comment. Mudd, the Pinellas Park city manager, said he does not think Atherton Marsh's settlement will have any relationship to the way the city handles the other two cases. "Those two cases will be dealt with on their own merits," Mudd said.
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