FILED: JEFFERSON COUNTY CLERK 06/19/2020 03:03 PM INDEX NO.

EF2020-00000862
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/19/2020

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF JEFFERSON
In the matter of
GRAY MEDIA GROUP, INC.,
Index No. _________
Petitioner,

-v-

CITY OF WATERTOWN, and JEFFREY M.

SMITH, in his official capacity as the Mayor of the
City of Watertown

Respondents.

For a judgment pursuant to Article 78 of the Civil

Practice Law and Rules

AFFIDAVIT OF ERIN GARDNER IN SUPPORT OF THE PETITION

STATE OF NEW YORK )

) ss:
COUNTY OF JEFFERSON )

ERIN GARDNER, being duly sworn, hereby deposes and says:

1. I am the Superintendent of Parks and Recreation for the City of Watertown, NY

(the “City”), and have been in that role for almost nine years. I respectfully submit this affidavit

in support of the Petition in the above-captioned case. I am more than eighteen years of age, and

I make the following statements based on personal knowledge. I can competently testify as to the

facts stated herein if called upon to do so.

2. In November of 2019, I officially filed an administrative complaint against former

City Manager Rick Finn, detailing how he had subjected me to a hostile work environment. At

the time I filed my complaint, City Human Resources Director Matt Roy told me that I was not

the first person to complain about Mr. Finn.

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3. I was interviewed twice by the consultant hired by the City to investigate my

claims. In these interviews, I repeated to the investigator the sum and substance of my complaint

against Mr. Finn.

4. In late January of 2020, I became aware that the consultant had turned over its

Report to City Attorney Robert Slye and that members of City Council were invited to review

the Report, but only in secret, one at a time, in Mr. Slye's office. Around that same time, I

received a text message from a City Council member informing me that she had reviewed the

Report and-to paraphrase-that I had nothing to worry about.

5. Several days later, I was called to a meeting of all City department heads. At the

meeting, Mr. Slye informed the department heads that Mr. Finn had decided to resign. Mr. Slye

did not address the substance of the Report at the meeting.

6. After the meeting, Mr. Slye told me that I would be able to view the Report after

he had a chance to redact certain personal identifiers, but that I could not bring my attorney with

me.

7. Approximately one week later, I attended a meeting with Mr. Slye and Mr. Roy at

which I expected to review the Report, as promised. However, rather than provide to me the

entire Report, which I understand is approximately 100 pages long, they gave me only five

pieces of paper to read.

8. Those five pages confirmed that Mr. Finn had subjected me to a hostile work

environment. To the best of my recollection, the pages I saw listed dates on which Mr. Finn

created a hostile work environment.

9. On May 27, 2020, I was called to a meeting with Mr. Finn's successor, interim

Manager Kenneth Mix. Mr. Mix informed me that I was being suspended without pay from
City

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my job as Superintendent of Parks and Recreation. The reason given was that I was

"insubordinate"
for speaking with City Council members about my complaint against Mr. Finn.

10. On 6/1/20, I submitted a FOIL request to the City seeking disclosure of the

Report, as well as certain communications between Mr. Finn and other City officials during his

tenure. My request was denied in its entirety on 6/4/20.

11. To the extent it is relevant to the Court's consideration of the Petition, pursuant to

Public Officer's Law § 89(c)(2), I consent to the release of any information in the Report that

otherwise might be construed to constitute an unwarranted invasion of my personal privacy.

I hereby declare under penalty of perjury that the foregoing is true and correct.

Dated: June 17, 2020

Watertown, NY
By:
Erin Gardner

Sworn before me this

/ day of June, 2020

GERALD T VANWORMER
NOTARY PUBLIC-STATE OF NEW YORK
No.01VA6406078
Notary Public Qualified in Jefferson County
My Commission Expires04-86-20.2.4

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