BUFFALO, N.Y. (WBEN) – Erie County Sheriff Tim Howard is being sued by New York Attorney General Letitia James after allegations of sexual misconduct at correctional facilities.
The lawsuit filed Wednesday claims Howard failed to "follow mandated procedures to timely and effectively address numerous allegations of sexual misconduct between corrections officers and incarcerated individuals at the Erie County Holding Center and the Erie County Correctional Facility."
There were eight instances where the attorney general claims Sheriff Howard refused to comply with directives requiring his office to timely report allegations of sexual misconduct in the facilities to the New York State Commission of Correction. James also claims Howard only did so after allegations surfaced in the media.
"Law enforcement agencies across the state have the responsibility to look after the wellbeing of all residents, including incarcerated individuals. For years, the Erie County Sherriff's Office turned a blind eye to rampant sexual misconduct allegations at its correctional facilities," James said in a news release. "By refusing to appropriately investigate and report the allegations, the Sherriff's Office permitted those under their care to be taken advantage of by the very individuals who hold power over them every single day. It is inexcusable that these issues went unaddressed for so long, and it is my hope that our action today will encourage transparency, accountability, and diligence moving forward."
The Erie County Sheriff's Office declined comment, saying they have not been notified of any proceedings.
Allen Riley, Chairman of the SCOC said the sheriff's office has "an abysmal track record" of notifying the commission of incidents that jeopardize the safety and wellbeing of individuals in custody, facility staff, and the community.
State policy said sheriff's offices must report alleged sex offenses to the SCOC within 24 hours of occurrence or discovery of the incident. The attorney general's office said months or years went by before the Erie County Sheriff's Office notified the state.
"In one of the most recent and egregious instances of the delayed reporting of allegations, the sherriff's office first received complaints regarding the misconduct of five corrections officers on March 15, 2018," the attorney general's office said. "Officers Keith Roberts, Ronald Dolyk, John Valenti, Randy Chavanne, and Matthew Reardon allegedly had sexual relations with incarcerated women while on duty, brought contraband into the facility, and associated with and had contact with formerly incarcerated women after their release from jail. However, the Sherriff's Office did not report these matters to the SCOC until December 10, 2020 –– 1,001 days after the allegations were first brought to their attention."
The lawsuit looks to direct the sheriff's office to appoint an independent monitor to conduct a retrospective audit of incident reporting, provide the state with proof of training on New York State's zero-tolerance policy regarding sexual misconduct in correctional facilities, provide specialized training for investigators and other appropriate staff regarding investigating sexual abuse in jails, develop and revise procedures related to reportable incidents, and to enjoin the sheriff's office from violating state regulations.
