Attorney holds off on filing discrimination lawsuit against Pasco police, for now

An attorney for the only female police officer in Pasco is holding off on filing a lawsuit alleging years of sexual harassment and discrimination in hopes of changing an alleged sexist culture within the department.

William Gilbert met with Pasco city officials on Friday to discuss allegations that Officer Dawn Persinger has repeatedly been called derogatory names, listened to vulgar comments about women and even demoted due to her sex during her nearly 25-year career on the force.

Gilbert filed a $1 million claim with the city earlier this year alleging Persinger suffered emotional distress and mental anguish due to the harassment.

Gilbert was set to file a lawsuit but is waiting to see if an agreement can be reached to “fix the problem,” he said.

“We want to develop an enforceable plan in the department to educate police officers on how you treat people, women and minorities within the department on an interpersonal level,” Gilbert said. “(Police) administration doesn’t take this stuff seriously, doesn’t enforce rules, doesn’t respect women or minorities.”

The meeting included City Manager Dave Zabell, and both sides described it as successful. Gilbert is hopeful a resolution could be reached soon.

Zabell declined to discuss specifics of the meeting or Gilbert’s claim that there is a culture of sexism and discrimination within the city’s police force.

Police Chief Bob Metzger told the Herald he could not talk about the allegations due to the possibility of litigation in the future.

Persinger and other female officers have been subjected to sexual harassment for decades, Gilbert said. Persinger has complained several times about the alleged harassment and discrimination during her career.

However, it wasn’t until 2013 that she described in detail what was going on within the department during an interview with the human resources department, Gilbert said.

“She told the truth,” said Gilbert, a former deputy sheriff in Montana. “She spilled her guts.”

Persinger, who had been named the first female sergeant within the department shortly before the HR meeting, expressed concern that she would be targeted and demoted for speaking out, Gilbert said.

Gilbert claims within days of the HR meeting, Persinger’s performance was under review and she was later demoted from sergeant.

Part of the reason Persinger was demoted, Gilbert said, was because she specifically spoke out against Capt. Ken Roske, part of the force’s top command staff.

“I believe there is a culture of retaliation and discrimination that starts at the top,” Gilbert said.

Gilbert has spoken to other former female officers in the department who worked with Persinger, he said. The women apparently have many of the same stories as Persinger and reinforced in Gilbert’s mind the need for a culture change.

“There’s four other female officers in the history of the department. Dawn is the only one still standing,” Gilbert said. “That alone tells you there is a problem within their department. It’s pervasive”

The department has come under fire at times over the last year or so due to several high-profile incidents involving officers.

The force has been criticized in recent months following the fatal shooting by three officers of orchard worker Antonio Zambrano-Montes, 35, during a confrontation at a busy intersection. Many have called for more advanced training and improved community relations.

The U.S. Department of Justice stepped in to provide training to the department following the shooting.

Former Pasco police officer Richard Aguirre was charged in June with murder for allegedly strangling Spokane prostitute Ruby J. Doss to death in 1986. The one-time Officer of the Year is also facing other criminal charges related to a voyeurism case.

And former Sgt. Zach Fairley was convicted in July of making false statements and obstructing a department investigation. Fairley, who was Pasco’s only black officer, has alleged he was was racially discriminated against while with the department.

Persinger is not after money, and Gilbert won’t file the lawsuit if top officials in the department, including Chief Metzger, are willing to make major changes, Gilbert said. Persinger wants her sergeant stripes back and possibly the salary of a sergeant dating back to the day she was demoted.

Other officers in the department have shown support for Persinger, who shouldn’t have a problem remaining on the job, Gilbert said.

“There’s a lot of stress for Dawn,” Gilbert said. “She stood up for something she believes in and when you’re working in the thin blue line that is something difficult to do.”

This story was originally published August 14, 2015 at 10:43 PM with the headline "Attorney holds off on filing discrimination lawsuit against Pasco police, for now."