(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 SUPREME COURT OF THE STATE OF NEW YORK (OUNTY OF SARATOGA LISA RIBIS, Plaintiff, against — CITY OF SARATOGA SPRINGS, DILLON MORAN, and STACY CONNORS, Defendants. Plaintiff Lisa Ribis, for her complaint against the City of Saratoga Springs, Dillon Moran, and Stacy Connors, defendants, by her attomeys Cooper Erving & Savage LLP, alleges as follows: 1. Plaintiff Lisa Ribis resides in the City of Saratoga Springs, County of Saratoga, State of New York. 2. Defendant City of Saratoga Springs is a municipal corporation organized and existing by virtue of the laws of the State of New York, 3. Plaintiff Lisa Ribis was an employee of defendant City of Saratoga Springs since 2005, and more specifically as Secretary to the City Council since 2008. 4, The City of Saratoga has a Commissioner form of government, The Mayor and four part- time Commissioners sit on the City Council, Each member of the City Council is responsible for ‘a separate department. 5. Plaintiff reported to Commissioner Dillon Moran who ran the Accounts Department and Stacy Connors, the Deputy Commissioner of the Accounts Department. The other Departments ‘were Public Safety, Public Works, Finance, and the Executive (Mayor). Each Commissioner was in charge of the employees of their own separate department 1 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 6. The City Department of Human Resources implemented City employment policies for the entire City government, 7. Defendants Moran and Connors are sued in their individual capacity under Federal law and defendant Moran is sued in his official capacity under New York State Law. 8, Ms, Ribis’ responsibilities as Secretary to the City Couneil included taking minutes, loading minutes to the City’s webpage, setting up for Council meetings, assisting the City Couneil during meetings with motions and procedural questions, and preparation of department budget and budget transfers. 9. On February 1, 2022, plaintiff's husband, who was not involved in politics, spoke at a City Council meeting concerning how the City was handling protests in the City of Saratoga Springs and asserted the protests were disruptive to businesses and residents. 10. On February 15, 2022, as a result of her husband's speech, plaintiff was removed from City Council meetings and told she would have to sit at her office desk. 11, On March 16, 2022, pl {F was told she was not allowed to acerue compensatory time or receive overtime pay for City Council meetings after more than 13 years of doing so. 12, Accordingly, the overtime/compensatory time plaintiff worked for the March 15, 2022, City Council meeting was cancelled and/or denied. 13. On April 4, 2022, plaintiff had a grievance meeting with her union, Human Resources, and the Deputy Commissioner for Accounts (Stacy Connors). 14, Another employee, Barbara Brindisi of the accounts department, was assigned to replace plaintiff in the role of taking minutes of City Council meetings. Ms. Brindisi was allowed flex time and/or to accrue compensatory time as she wished. 2 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 15. Other employees in City Hall and in the Accounts Department were able to accrue compensatory time without limitation. 16. On May 3, 2022, plaintiff was told to check in conceming her daily activities with Deputy Commissioner Connors. Plaintiff was the only employee required to do so. However, the Deputy Commissioner did not come to work on a regular schedule, so plaintiff spent 20-30 minules every morning getting up from her desk and looking for the Deputy. This disrupted plaintifi’s work and made it difficult for her to accomplish tasks. 17. Inor about April 2022, Commissioner Moran accused plaintiff of spitting on activist protestors. Such accusations were false and made with the intent to sully plaintiff's reputation and prejudice her career with the City of Saratoga Springs. 18, On April 6, 2022, plaintiff filed a complaint with Human Resources challenging ‘Commissioner Moran’s allegations that plaintiff had spit on activist protestors. Plaintiff was never near any of them, Plaintiff reasonably believed that Commissioner Moran and Connors? treatment of her were in retaliation for her husband’s opinion about the way defendants were handling protests in the City. 19. On August 25, 2022, plaintiff's counsel sent a letter to Commissioner Moran and the entire City Council advising that they violated plaintiff's right of free association by punishing her for husband’ speech. 20. At all relevant times thereafter, Commissioner Moran and Deputy Commissioner Connors interfered with plaintifi’s work in an effort to undermine and prejudice plaintiff's employment with defendants. 3 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 21. In January, 2023, plaintiff received a grievance decision in her favor from an arbitrator chosen pursuant to the collective bargaining agreement restoring her right to accrue compensatory time thereafter. 22, On March 21, 2023, at a pre-agenda meeting, then Mayor Kim made the comment that he would not approve or vote on minutes that are 60 days or older. Commissioner Moran and Deputy Commissioner Connors would not approve placing minutes on the agenda, making it look like plaintiff was to blame for the delay. 23. On March 31, 2023, Commissioner Moran professed ignorance at a City Council meeting as (0 why a particular item of Council business did not make it onto the agenda, implying plaintiff was at fault, when Moran and Connors did not provide plaintiff with the necessary information. 24. On May 16, 2023, Commissioner Moran commented at a City Council meeting that attachments for an agenda item were “lagging and didn't make it through the process,” again implying plaintiff was at fault, when in fact they did not provide plaintiff with the necessary information. 25. On May 17, 2023, Assistant City Clerk Barbara Brindisi and an employee in the Accounts Department, told plaintiff that the Commissioner was making it seem as if plaintiff was to blame for various difficult with the agenda, 26. During the period around May 17, 2023, Deputy Commissioner Connors and plaintiff exchanged emails relating to the approval of compensatory time, Plaintiff was again limited and faced hostility in getting her compensatory time approved. 27. On September 15, 2023, plaintiff was in a meeting with Commissioner Moran, Deputy ‘Commissioner Connors, Assistant City Clerk Barbara Brindisi, and Assistant Purchasing Agent 4 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 Stefanie Richards to discuss the City’s MUNIS system and status updates. Commissioner Moran referred to Italians as “guinea WOPs.” Plaintiff was the only Italian in the room at that time. Commissioner Moran also called plaintiff the “queen of grievances” in this meeting. 28. On January 10, 2024, plaintiff received an e-mail from Commissioner Moran requesting plaintiff to provide another employee full access to her files including password protected files. 29. On January 12, 2024, plaintiff pointed out that other employees already had access to what they needed to do their job and thot requiring her to give access in that manner was in violation of the policy she signed with the IT Department. 30. Commissioner Moran and Deputy Commissioner Connors then shunned plaintiff and refused to speak to her. 31. On February 16, 2024, Commissioner Moran reassigned a portion of plaintiff's job to the Mayor’s executive secretary. 32. On February 16, 2024, plaintiff received @ phone call in the evening at home from a resident who relayed that Commissioner Moran was accusing plaintiff of changing the contents ofa City Resolution, Moran’s accusations were false. 33. On March 1, 2024, @ meeting was held with Commissioner Moran, Deputy Commissioner Connors, Executive Assistant to the Finance Commissioner Samantha Clemmey, Deputy Commissioner of Finance Crocker, and Assistant Purchasing Agent Stefanie Richards of Accounts in attendance. Plaintiff had a scheduled vacation day. Commissioner Moran asked Deputy Commissioner Connors if the Purchasing Policy was added to the City Council agenda. Deputy Commissioner Connors responded to Commissioner Moran that she “gave it to the secretary (plaintiff) but she didn’t load it in time.” Commissioner Moran stated “she (plaintiff) can’t even do her [expletive] job.” 5 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 34. Deputy Commissioner Connors gave the document to plaintiff at 11:57 a.m, when the agenda cut off to add items is 12:00 p.m, (noon) according to the Mayor's notice to all the Departments. Plaintiff advised Deputy Commissioner Connors at 12:03 p.m. that she tried Toading the document but didn’t have enongh time fo prepare and create the agenda item before the system locked to prevent items from being added to the agenda. Deputy Commissioner Connors responded that she was aware the agenda was closing promptly at noon. 35. On March 4, 2024, plaintiff notified Human Resources of what happened with that particular agenda item. 36. On March 5, 2024, plaintiff met with Mayor Safford and Susanna Combs (mayor's executive assistant) to discuss how the new Mayor planned to run the City Council meeting to be held that evening. During the meeting, plaintiff advised the Mayor that she believed that Commissioner Moran was accusing plaintiff of causing the “on-call” pay issue (2 document defining how and when Deputy Commissioners would be paid if they were called in after-hours had been changed from its approval at a Council meeting to when it was recorded in the record of City Council resolutions). Mayor Safford confirmed that Commissioner Moran was blaming plaintiff for the resolution being changed. The changed resolution allowed Deputy Commissioner Connots to claim “on-call” pay. 37. That same day, Christy Spadaro, human resource administrator, advised she would investigate my complaint filed on March 4, 2024 regarding the incident of March 1, 2024. . 38. On March 20, 2024, plaintiff met with Deputy Mayor Kiernan and Susanna Combs regarding a new software system the City would be implementing, Deputy Mayor Kiernan said to plaintiff “you do know Commissioner Moran is blaming you for the ‘on-call” mess.” 6 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 39. On March 21, 2024, plaintiff left the office early due to anxiety in her job and was diagnosed with and treated for unusually high blood pressure, Human Resources was advised accordingly. 40. After plaintiff’s husband picked her up from work, he retumed to City Hall to speak with ‘Mayor Safford and Deputy Mayor Kieman about plaintiff's situation. The Mayor related to him that Commissioner Moran was telling people inside and outside of City Hall that Commissioner Moran was going to fire plaintiff for forging a document, The Mayor further said he was aware of Commissioner Moran’s animosity toward plaintiff. 41. Human Resources was advised that Commissioner Moran had been telling people plaintiff does not do her job and that plaintiff had caused all the problems with the “on-call” situation, 42. On March 27, 2024, plaintiff advised Human Resources and the City Attomey that ‘Commissioner Moran was telling people he was going to fire plaintiff because plaintiff allegedly forged a document, 43, On April 1, 2024, during a City Council pre-agenda mecting, Deputy Commissioner Connors publicly stated that the minutes of the March 19, 2024 meeting should be pulled from the agenda because they were “hard to follow due to sentence structure, punctuation, and tense ~ meaning point of view is first, second, and third throughout the minutes. ‘They require edits and adjustments for clarity and context. Once minutes are approved they are a permanent record of the meeting, It’s important they be accurate.” Since plaintif?’s employment in 2005, this was the first time that the minutes from a prior meeting had ever been pulled from the agenda due to errors. It wes the common policy and practice of the council to make any corrections to minutes from prior meeting during the meeting. 7 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 44, Later in the week, in an email to plaintiff, Deputy Commissioner Connors said the same thing. Plaintiff replied she did not understand what was meant by, among other things, “point of view is first, second, and third,” and asked for clarification and specific examples. 45. One resident, in an unsolicited email exchange, disagreed with that assessment of the quality of the minutes. No other resident or employee complained about the quality of the minutes. 46. On April 3, 2024, after plaintiff requested specifies as to possible defects in the minutes, Deputy Commissioner Connors directed plaintiff to sit with Barbara Brindisi, now office supervisor of Accounts, to receive instruction as to how to fix the minutes. 47. Plaintiff attempted to “fix” the minutes accordingly, though Ms. Brindisi was unable to provide much guidance as to specifies. Plaintiff returned the revised minutes to Deputy ‘Commissioner Connors and Barbara Brindisi as directed on Friday, April 5, 2024. Plaintiff never received any feedback from Deputy Commissioner Connors. Ms. Brindisi told plaintiff she did an excellent job revising the minutes but added that Ms. Brindisi “could not put that in writing.” 48. Plaintiff received an e-mail from Deputy Commissioner Connors acknowledging receipt of the minutes and stating her intention to review them. Plaintiff received no feedback but was instead given notice of proposed termination from employment on April 15, 2024 in a meeting with Chri ine Spadaro, Deputy Commissioner Connors, and Lisa Watkins, CSEA union president. 49. Prior to plaintiffs husband’s speech at the City Council meeting, plaintiff had never been the recipient of any criticism of her performance. 8 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 50. The proposed termination of plaintiff's employment began with her husband’s speech at the City Council meeting and proceeded through a variety of false accusations that were intended a a pretext to secure the termination of her employment. 51. Human Resources was fully informed of all the false accusations yet proceeded with a notice of termination of employment nonetheless. 52, On April 18, 2024, plaintiff received a copy of a page from the March 7, 2023 City Council minutes wherein Commissioner Moran states that the Accounts Department has spent time this year improving the accuracy of the minutes and that he is proud of the work the secretary to the City Council, Lisa Ribis, has done. Commissioner Moran had never spoken to plaintiff about improving the minutes at any time before the March 7, 2023 City Cour meeting, which was the first plaintiff had heard about any need to improve the minutes. 53, Plaintiff is not required to file a notice of claim as a condition precedent to commence this action, (Castro v City of NY, 141 AD3d 456, 458 [1st Dept 2016]) AS AND FOR A FIRST CAUSE OF ACTION 54, Repeats and realleges each of the foregoing allegations as if fully set forth herein. 55. The First Amendment to the United States Constitution protects a spouse from having, adverse action taken against her because of the speech of her spouse. 56. intiff alleges that defendants, acting in concert, and under color of state law, materially changed the terms and conditions of plaintiff's employment as Secretary of the Saratoga Springs City Council in retaliation for the speech of plaintiff’s husband at a City Council meeting. 57. Hostility toward plaintiff began with her husband’s speech, included false claims that she was of the same opinion as him, and continued until she received a notice of discipline and placed on an administrative leave from employment. 9 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 58. The City of Saratoga Springs delegates authority (o its Human Resources department to enforce decisions of the Commissioners concerning discipline and/or complaints of retaliation made by employees. The Human Resources department in failing to investigate plaintiff's complaints and subsequently approving the discipline of plaintiff, who was covered under a collective bargaining agreement with the City, made plaintifi’s unlawful treatment and discipline official policy of the City of Saratoga Springs. 59. The City Council was well aware of the circumstances under which defendants sought to create pretexts for the termination of plaintiff. 60. Plaintiff’s husband spoke on a matter of public concems as a private citizen, and plaintiff's job duties had no relationship to her husband’s speech. 61. Plaintiff alleges that defendants, acting in concert, and under color of state law, retaliated against her for her husband’s speech and for her intimate association with her husband in violation of her constitutional right to freedom of speech and association under the First Amendment to the United States Constitution as protected by 42 U.S.C. § 1983. 62, Plaintiff seeks reinstatement and/or to recover monetary damages against defendants, jointly and severally, for actual damages, including back pay, front pay, emotional loss, and other compensatory damages resulting from defendants’ actions in materially changing the terms and conditions of her employment and otherwise retaliating against her for her exercise of free speech and freedom of association guaranteed under the First Amendment to the Constitution of the United States. 63. Plaintiff further seeks the costs, disbursements, and attomeys’ fees incurred in the prosecution of this action. 10 10 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 64, Defendants Moran and Connors were well aware that it is unconstitutional to retaliate against an employee in violation of her right to free speech and association guaranteed in the First Amendment, 65. The individual defendants’ retaliation against plaintiff was undertaken with reckless disregard of plaintiff's right to be free from retaliation because of her speech and association and/or with malice towards plaintiff, 66. Due to the wanton, reckless, malicious, and/or intentional nature of the individual defendants’ actions, plaintiff demands and is entitled to punitive damages against the individual defendants Moran and Connors, jointly and severally. AS.AND FOR A SECOND CAUSE OF ACTION 67. Repeats and realleges each of the foregoing allegations as if fully set forth herein. 68. Defendants Moran and the City of Saratoga Springs, under the unique governmental system in the City of Saratoga Springs, are joint employers of plaintiff as that term is used in New York State Civil Service Law § 75-b. 69, Plaintiff's salary is paid by the City, and the City operates a central Human Resources Department, but the means and manner of her work is directed by, and her hiring and firing is conducted by, defendant Moran. 70. Plaintiff expressed that she was being retaliated against for her husband’s speech to Commissioner Moran, other members of the City Council, and the Mayor, all of whom are public officers and governmental bodies as defined in Civil Service Law § 75-b. 71. Plaintiff is a public employee as that term is used in New York State Civil Service Law § 75-b. uw 1 of 13(FILED: SARATOGA COUNTY CLERK 06/18/2024 11:55 AM INDEX NO, EF20241936 NYSCEE DOG. NO. 2 RECEIVED NYSCEF: 06/18/2024 72, ‘The material changes to the terms and conditions of her employment leading up to the removal of plaintiff from employment as Secretary of the City Council for opposing defendants’ efforts to penalize her because of her husband’s speech constitutes an adverse personnel action as referred to in Civil Service Law § 75-b. 73. Plaintiff reasonably believed she had a right to be free from retaliation because of her husband’s speech and that such retaliation was an improper governmental action undertaken in violation of state law, rule, or regulation. 74, The New York State Constitution, which is part of New York State law, guarantees plaintiff's right to freedom of speech and association under law. New York Constitution, Article 1, § 8. Defendants, in punishing plaintiff for the exercise of her rights to freedom of speech and association, took an improper governmental action against plaintiff in violation of state law, rule, or regulation or which plaintiff reasonably believed constituted a violation of state law, rule, or regulation. 75. Defendants Moran and the City of Saratoga Springs, acting in concert, violated New York State Civil Service Law § 75-b. 76. Plaintiff is entitled to damages against defendants Moron and the City of Saratoga Springs as aforesaid in $f 62-66 of this complaint under New York State Civil Service Law § 75- b WHEREFORE, it is respectfully requested that this Court grant judgment in favor of plaintiff and against defendants, jointly and severally, as follows: a, Awarding her damages for economic loss. b. Awarding her damages for emotional loss. 12 12 of 13(FILED: SARATOGA COUNTY CLERK NYSCEF DOC. NO. 2 M) INDEX NO. EF20241936 RECEIVED NYSCEF: 06/18/2024 c, Awarding her the reasonable attorneys’ fees and expert witness fees incurred in the prosecution of this action under both 42 U.S.C. § 1983 and New York Civil Service Law § 75-b. d, Awarding plaintiff punitive damages against the individual defendants Moran and Connors. e. Awarding plaintiff the costs and disbursements of this action. f. For such other and further relief as this Court deems just and proper. Dated: June 18, 2024 COOPER ERVING & SAVAGE LLP ‘Albany, New York By: Phillip G. Attorneys, 20 Corporate Woods, Suite 501 Albany, New York 12211 ‘Telephone: (518) 449-3900 Facsimile: (518) 432-3111 E-mail: psteck@coopererving.com B 13 of 13