____________________________________ RUTH FREDERICKS VIBERT, : : : Claimant, : : v. : : THE COUNTY OF RENSSELAER and : THE RENSSELAER COUNTY : SHERIFFS DEPARTMENT, : : Respondents.

: ____________________________________:

NOTICE OF CLAIM

TO: FRANK MEROLA, County Clerk, County of Rensselaer PLEASE 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 the Rensselaer County Sheriffs Department, its agents, servants, or employees, and in support thereof 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 claimants attorneys is: Elmer Robert Keach, III, Esquire LAW OFFICES OF ELMER ROBERT KEACH, III, PC 1040 Riverfront Center Post Office Box 70 Amsterdam, NY 12010 Telephone: 518.434.1718 Telecopier: 518.770.1558 3. Upon information and belief, the facts underlying this claim occurred on or about

March 1, 2013 at approximately 1:00 PM

4.

Upon information and belief, the place where this claim arose was at Rensselaer

County Public Safety Building, 4000 Main Street, Troy, NY 12180. 5. manner: On or about March 19, 2012, Claimant Ruth Vibert became the Chief of Corrections and the Jail Administrator for the Rensselaer County Sheriffs Department. Prior to joining the Sheriffs Department, Chief Vibert was the Associate Director of Public Safety at Rensselaer Polytechnic Institute, a position she held for ten years following her career in law enforcement. At that time Chief Vibert assumed her duties with Rensselaer County, the Rensselaer County Jail was a disaster. The jail, and personnel employed there, were under a series of law enforcement investigations, including for financial fraud, brutality to inmates, and HIPPA violations. Chief Vibert stepped into this environment, and made Upon information and belief, the claim of Chief Vibert arose in the following

significant strides toward cleaning up the Rensselaer County Jail, and restoring an atmosphere of professionalism and discipline to the RCJ workforce. As part of her employment, Chief Vibert was required to complete an associates degree, for which she still needed twelve credits. In this regard, Chief Vibert enrolled in the New York State Corrections Academy in November 26, 2012, which would have provided her, upon information and belief, with college credit through Empire State College. The Corrections Academy was, in fact, sponsored by the

Rensselaer County Sheriffs Department.

Over the course of the first day of the Corrections Academy, Chief Vibert was taken out of the class by Rensselaer County Sheriff Jack Mahar about various issues in the Jail, which then required Chief Vibert to miss class. On the

November 27, 2012, Chief Vibert was removed from the Academy again by Sheriff Mahar, and asked to investigate a missing firearm at the Rensselaer County Jail. Sheriff Mahar demanded that Chief Vibert dedicate her time to the firearm investigation, and skip the Corrections Academy. At that time, Chief Vibert expressed her concern that she would not finish her Associates Degree in
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a timely fashion, to which Mahar told her dont worry about it, Im not worried about it, so dont worry, youre fine. Based on that representation, Chief Vibert left the Corrections Academy, and dedicated her time to tracking down the missing firearm and other matters. Chief Viberts employment with the Sheriffs Department continued without incident until February 15, 2013.

On that date, Chief Vibert received a call from Corrections Officer John Gorman stating that he had received a call from Master Sergeant Tony Patricelli threatening his employment and threating him with physical violence. Patricelli is one of Sheriff Mahars favorites, in that, as a friend of the Sheriff, he receives special 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, and requested guidance about how to proceed. A few days later, Officer Gorman provided Chief Vibert with a copy of a criminal complaint he had filed against Patricelli, as well as a statement about Patricellis conduct. Chief Vibert again informed Mahar of Gormans allegations against Patricelli. At this point, Mahar ostensibly directed Chief Vibert to assist the Sheriff in terminating Gormans employment and/or preventing his promotion to Sergeant. Among Sheriffs

Mahars profanity laden comments during this conversation, he stated that Gormans fucking done. Mahar also directed Chief Vibert to shred all

documents regarding Gormans complaints of workplace violence. Chief Vibert refused to shred any documents, and also refused to participate in any effort to retaliate against Gorman, deny him a promotion or generate falsehoods about his conduct. Mahar promptly terminated the conversation, and refused to talk to Chief Vibert again even with multiple requests for meetings and multiple phone messages.

On February 26, 2013, Chief Vibert received a letter from Mahar demanding a copy of her associates degree. Chief Vibert responded the following day

detailing their early conversation, and requesting an extension for the remaining
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twelve credits. Two days later, Mahar denied this request, and refused to address his earlier comments to Chief Vibert about her completing the associates degree.

Due to Sheriff Mahars conduct, the consequences for Chief Viberts continuing employment and family situation are both cruel and severe. Chief Vibert is a single mother with two children who left a promising career in educational security to work for Rensselaer County who now finds herself unemployed. Her termination has already been reported in local newspapers, further damaging her future career prospects. Mahars conduct has caused Chief Vibert severe

emotional distress for which she is current seeking medical treatment.

Chief Viberts termination by Sheriff Mahar is clearly in response to her refusal to retaliate against her subordinate employee for complaining about workplace violence, and her refusal to fabricate false information against this employee. Chief Viberts injuries were caused solely by the negligence and/or intentional actions of the County of Rensselaer and the Rensselaer County Sheriffs Department, its agents, servants, or employees, who, while acting in the course of their employment, wrongfully terminated Chief Viberts employment. These

actions on the part of Sheriff Jack Mahar and others substantiate claims for negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, unjust enrichment, wrongful discharge, violation of the New York Civil Service Law, including Section 75-b, violation of Rensselaer County Law and prima facia tort, amongst other claims. These claims are in addition to the obvious violations of Chief Viberts rights under New York State and Federal civil rights statutes and the United States Constitution.

6.

This notice is made and served on behalf of Ruth F. Vibert in compliance with the

provisions of N.Y. Gen. Mun. Law 50-e.

YOU WILL TAKE FURTHER NOTICE that claimant demands payment of the claim, and unless the claim is paid within a reasonable time it is the intention of claimant to commence suit against the County of Rensselaer and the Rensselaer County Sheriffs Department before the United States District Court for the Northern District of New York or the New York Supreme Court. Respectfully Submitted By:

Dated: March 5, 2013

___________________________________ Elmer Robert Keach, III, Esquire LAW OFFICES OF ELMER ROBERT KEACH, III, PC 1040 Riverfront Center P. O. Box 70 Amsterdam, NY 12010 Telephone: 518.434.1718 Telecopier: 518.770.1558 Electronic Mail: bobkeach@keachlawfirm.com ATTORNEY FOR CLAIMANT RUTH F. VIBERT