BY JIMMY LAWTON
North Country This Week

OGDENSBURG – The Ogdensburg Public Library Board of Trustees has concluded that City Councilor Steven Fisher violated the library’s sexual harassment policy in a Feb. 26 Facebook post.

In the post, Fisher said Library Director Penny Kerfien has “gotten a little bitchy.” He also said he hoped the library’s proposition to increase funding from taxpayers by $225,000 to $350,000 would be voted down in May.

Although Fisher apologized and said the message had been intended to be private, it was posted on the Friends of the Ogdensburg Public Library Facebook page.

The investigation was performed by the Ogdensburg Public Library Board of Trustees after Kerfien filed a complaint.

“After a thorough evaluation of Ms. Kerfien’s complaint, the Library Board unanimously concludes that Ms. Kerfien is a victim of sexual harassment under the Ogdensburg Public Library Sexual Harassment Policy,” the finalized report from the Board of Trustees says.

“Since Mr. Fisher is an integral part of the majority of Council when voting consistently results in a 4-3 split, the Library Board unanimously concludes that Ms. Kerfien is justified in her fear of retaliation should the City appoint library trustees not thoroughly vetted by the Library Board. Mr. Fisher’s veiled threat is actually quite clear to anyone who understands library management and the role of library trustees.”

The report has been forwarded to the city with a request for further investigation.

City Manager Stephen Jellie acknowledged he has received the report and said he was consulting with legal counsel regarding how to proceed.

In the document, the board recognizes that it has no authority over Fisher, but says Fisher does indeed have authority over Kerfien in areas of library funding and library trustee appointment.

As a result of the investigation, the library released a list of recommendations:

● Ms. Kerfien should meet with Mr. Fisher only when accompanied by a third party such as a library trustee, Friend of the Library member, or library employee.

● Ms. Kerfien should document future communication with Mr. Fisher that may be deemed harassment.

● Mr. Fisher should attend a sexual harassment training program that meets New York State guidelines; the City has been unable to provide the library with documentation that Mr. Fisher has completed the mandated training for 2020 and 2021.

● The City of Ogdensburg should consult with an outside Human Resources consultant to conduct an investigation into Mr. Fisher’s actions and statements. The Library Board does not feel a fair and balanced investigation can be done “in-house” as the City Manager, City Clerk, Comptroller, and all other City employees serve at the pleasure of Mr. Fisher in his role as City Councilor. An investigation into a superior’s conduct is always best served by a neutral party.

● Mr. Fisher should abstain from future discussion and voting on library funding in his role as City Councilor.

● Mr. Fisher should abstain from future discussion and appointment of library trustees in his role as City Councilor.

● Mr. Fisher should issue a sincere, written apology acknowledging his inappropriate sexually harassing behavior to Ms. Kerfien for inclusion in her personnel file.

Aside from violating the library’s sexual harassment policy, the board says Fisher also violated state, federal and local laws.

The report continued, “Ms. Kerfien has been advised of various legal protections and external remedies should she wish to pursue further action. Sexual harassment is not only prohibited by the Ogdensburg Public Library but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at Ogdensburg Public Library, Ms. Kerfien may also choose to pursue legal remedies with the following governmental entities at any time. The Library Board stands behind Ms. Kerfien and will provide any and all information and support required.”

Fisher and Ogdensburg Public Library Board of Trustees President Michelle McLagan could not immediately be reached for comment.