Days earlier than his telephone was seized within the midst of a federal investigation, now former Police Commissioner Edward Caban allowed an NYPD captain discovered to have repeatedly sexually harassed a subordinate over 18 months to maintain his job.
Caban overruled a trial commissioner’s suggestion to fireplace Captain Antonio Pagan and as a substitute dominated on Aug. 30 that Pagan ought to lose 60 trip days for the alleged harassment, a duplicate of the choice states.
Throughout a interval spanning 2020 and 2021, Pagan was assigned to the NYPD’s 911 name middle within the Bronx the place he oversaw his accuser Huda Ahmad, a civilian communications technician within the workplace.
In a case that included 750 pages of textual content messages between the 2 and recordings secretly made by Ahmad, the three-day administrative trial in June turned on the query of whether or not Pagan used his place to coerce Ahmad or if she manipulated Pagan to her benefit because the protection maintained.
NYPD
(Michael Ip for New York Day by day Information)
On July 29, Trial Commissioner Jeff Adler discovered Pagan responsible, ruling the captain had repeatedly rubbed Ahmad’s fingers, requested her for dates and requested her to sit down on his lap in trade for higher hours, the choice states.
Pagan additionally requested her to ship pictures of herself in trade for days off, together with pictures in a Hijab and within the bathe. Ahmad despatched the pictures.
“These were not isolated incidents; rather, they were part of an extensive course of conduct that created a hostile work environment,” Adler wrote in his choice.
However in deciding to permit Pagan to maintain his job, Caban wrote, “I have determined that while a severe penalty is warranted for the misconduct, separation from the department is not. It is undisputed that Captain Pagan engaged in inappropriate behavior with a subordinate.”
On Sept. 4, Caban’s house was raided as a part of a federal probe into whether or not his brother James used the household connection to bolster his safety enterprise. Caban resigned on Sept. 12.
Edward and James Caban (Fb)
Ahmad filed a lawsuit Nov. 18 in state courtroom after her go well with was dismissed in federal courtroom, information present. No responses have been filed in that motion.
Her lawyer John Scola mentioned Caban’s choice “sends a troubling message to the NYPD workforce.”
“It signals that the internal disciplinary process and the protection of women employees are subordinate to the ‘good old boys’ network that dominates the department,” he mentioned.
However Louis LaPietra, Pagan’s lawyer, alleged Ahmad concocted the harassment allegations to get higher assignments and presumably win a profitable metropolis settlement through her lawsuit
“She flattered him, toyed with him, got him nice and comfortable to the point that he would say something stupid and give her something that she can secretly videotape and then play the good ol’ NYPD lotto game by filing a lawsuit, which is exactly what she did,” LaPietra mentioned throughout the trial, the transcript reveals.
NYPD Communication Tech Monique Brown, now retired, testified she noticed Ahmad, then utilizing her married identify of Bowman, blow a kiss to Pagan within the workplace, however Ahmad by no means complained to her about Pagan.
“I always (saw) her in his office. I would see her there just all time, almost way too much,” she mentioned. “I warned him, I felt like she could be attempting to take (benefit) of him.
Pagan was transferred from the 911 name middle to Brooklyn courts on Oct. 11, NYPD information present.
The Pagan choice was certainly one of a number of Caban made within the remaining two months of his tenure to downgrade or overturn disciplinary suggestions.
Former NYPD Commissioner Edward Caban (Jeff Bachner for New York Day by day Information)
The trial commissioner in that case advisable termination, however on June 18, Caban as a substitute slapped Rathour with the lack of 35 trip days. The choice was not publicly disclosed till August.
Caban additionally gave a move every week earlier than he resigned to Sgt. Bilal Ates who physique slammed a protester again in 2020 throughout a George Floyd protest, The Metropolis web site first reported.
Ates, below a plea take care of the Civilian Grievance Evaluate Board, accepted a penalty of 10 misplaced trip days. However Caban in his remaining choice rejected the penalty and waived any self-discipline of Ates in any respect, The Metropolis reported.
Whereas trial commissioners and the CCRB could make suggestions on self-discipline, police commissioners have the ultimate say and might improve or scale back self-discipline at their sole discretion.
