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Vibert Notice of Claim

Vibert Notice of Claim

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Published by eppelmannr
Vibert Notice of Claim
Vibert Notice of Claim

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Categories:Types, Business/Law
Published by: eppelmannr on Mar 06, 2013
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03/06/2013

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 ____________________________________ :RUTH FREDERICKS VIBERT, ::Claimant, ::v. :
NOTICE OF CLAIM
 : THE COUNTY OF RENSSELAER and : THE RENSSELAER COUNTY :SHERIFF’S DEPARTMENT, ::Respondents. : ____________________________________: TO: FRANK MEROLA, County Clerk, County of RensselaerPLEASE TAKE NOTICE that Ruth F. Vibert hereby claims from the County of Rensselaer damages for personal injury and/or emotional distress sustained by him by reason of the intentional and/or negligent acts and omissions of the County of Rensselaer and/or theRensselaer County Sheriff’s Department, its agents, servants, or employees, and in supportthereof claimant states:1.
 
Claimant Ruth Fredericks Vibert (“Chief Vibert”) resides in the Town of Schaghticoke, Rensselaer County.2.
 
 The name, post office address and telephone number of claimant’s attorneys is:Elmer Robert Keach, III, EsquireLAW OFFICES OF ELMER ROBERT KEACH, III, PC1040 Riverfront CenterPost Office Box 70Amsterdam, NY 12010 Telephone: 518.434.1718 Telecopier: 518.770.15583.
 
Upon information and belief, the facts underlying this claim occurred on or aboutMarch 1, 2013 at approximately 1:00 PM
 
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4.
 
Upon information and belief, the place where this claim arose was at RensselaerCounty Public Safety Building, 4000 Main Street, Troy, NY 12180.5.
 
Upon information and belief, the claim of Chief Vibert arose in the followingmanner:On or about March 19, 2012, Claimant Ruth Vibert became the Chief of Corrections and the Jail Administrator for the Rensselaer County SheriffsDepartment. Prior to joining the Sheriffs Department, Chief Vibert was theAssociate Director of Public Safety at Rensselaer Polytechnic Institute, a positionshe held for ten years following her career in law enforcement. At that time ChieVibert assumed her duties with Rensselaer County, the Rensselaer County Jailwas a disaster. The jail, and personnel employed there, were under a series of lawenforcement investigations, including for financial fraud, brutality to inmates, andHIPPA violations. Chief Vibert stepped into this environment, and madesignificant strides toward cleaning up the Rensselaer County Jail, and restoring anatmosphere of professionalism and discipline to the RCJ workforce. As part of her employment, Chief Vibert was required to complete an associates degree, forwhich she still needed twelve credits. In this regard, Chief Vibert enrolled in theNew York State Corrections Academy in November 26, 2012, which would haveprovided her, upon information and belief, with college credit through EmpireState College. The Corrections Academy was, in fact, sponsored by theRensselaer County Sheriff’s Department.Over the course of the first day of the Corrections Academy, Chief Vibert wastaken out of the class by Rensselaer County Sheriff Jack Mahar about variousissues in the Jail, which then required Chief Vibert to miss class. On theNovember 27, 2012, Chief Vibert was removed from the Academy again bySheriff Mahar, and asked to investigate a missing firearm at the RensselaerCounty Jail. Sheriff Mahar demanded that Chief Vibert dedicate her time to thefirearm investigation, and skip the Corrections Academy. At that time, ChieVibert expressed her concern that she would not finish her Associates Degree in
 
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a timely fashion, to which Mahar told her “don’t worry about it, Im not worriedabout it, so dont worry, you’re fine.” Based on that representation, Chief Vibertleft the Corrections Academy, and dedicated her time to tracking down themissing firearm and other matters. Chief Vibert’s employment with the SheriffsDepartment continued without incident until February 15, 2013.On that date, Chief Vibert received a call from Corrections Officer John Gormanstating that he had received a call from Master Sergeant Tony Patricellithreatening his employment and threating him with physical violence. Patricelli isone of Sheriff Mahar’s “favorites,” in that, as a friend of the Sheriff, he receivesspecial privileges, including the title “Master Sergeant,” a County automobile,and significant overtime from participation in the Troy PD Impact Program.Chief Vibert notified the Sheriff of this incident on February 15, 2013, andrequested guidance about how to proceed. A few days later, Officer Gormanprovided Chief Vibert with a copy of a criminal complaint he had filed againstPatricelli, as well as a statement about Patricellis conduct. Chief Vibert againinformed Mahar of Gorman’s allegations against Patricelli. At this point, Maharostensibly directed Chief Vibert to assist the Sheriff in terminating Gorman’semployment and/or preventing his promotion to Sergeant. Among SheriffsMahar’s profanity laden comments during this conversation, he stated that“Gorman’s fucking done.” Mahar also directed Chief Vibert to shred alldocuments regarding Gormans complaints of workplace violence. Chief Vibertrefused to shred any documents, and also refused to participate in any effort toretaliate against Gorman, deny him a promotion or generate falsehoods about hisconduct. Mahar promptly terminated the conversation, and refused to talk toChief Vibert again even with multiple requests for meetings and multiple phonemessages.On February 26, 2013, Chief Vibert received a letter from Mahar demanding acopy of her associates degree. Chief Vibert responded the following daydetailing their early conversation, and requesting an extension for the remaining

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