Clerk plans to take harassment complaint to feds

Erica D. Johnson

Wednesday, July 9, 2003 | 9:48 a.m.

A District Court clerk who filed a sexual harassment complaint against a judicial bailiff says she plans to take the issue to a federal agency in preparation for a lawsuit.

Carole D'Aloia filed a complaint May 15 with Clark County's Office of Diversity against Tom "T.J." Knickmeyer, bailiff for District Judge Donald Mosley.

In the complaint D'Aloia claimed Knickmeyer verbally abused her in Mosley's courtroom when court was not in session.

D'Aloia said the office, which handles discrimination claims among county employees, conducted an investigation and concluded that Knickmeyer's alleged actions "did not rise to the level of unlawful sexual harassment."

D'Aloia said she now plans to file a second complaint with the Equal Employment Opportunity Commission, a federal agency that investigates discrimination claims.

"I'm not disappointed by the Office of Diversity's decision because now I can go forward," she said.

Knickmeyer this morning declined to comment on the complaint.

Steve Roll, who conducted the county's investigation, would not comment on the case, saying the details of investigations are kept confidential.

"It's a confidential personnel issue," he said. "I can't comment on it specifically."

If the EEOC determines D'Aloia's claims are valid, federal officials will issue a right-to-sue letter, allowing her to go forward with a federal lawsuit.

Petitioners are not allowed to file a suit until federal authorities finish their investigation, D'Aloia said.

"I'm going all the way with it," she said.

The County's Office of Diversity was formed under County Manager Thom Reilly in 2002 to help attract and retain diverse individuals to county positions, administrator Therese Scupi said.

While the office investigates claims, discipline is left up to the employer of the accused, she said.

"We will make a recommendation if there is an issue or a problem, depending on the outcome of the investigation," she said.

It is unclear whether Knickmeyer will face disciplinary action for his alleged behavior.

Knickmeyer is an at-will employee of Mosley and court administrators have no authority to discipline judicial bailiffs.

Court administrators only oversee administrative bailiffs, who are responsible for providing security outside of the courtrooms at the Clark County Courthouse and Family Court.

D'Aloia claims Knickmeyer locked her out of the courtroom on May 14 and then used abusive and profane language toward her when she confronted him.

D'Aloia said she wanted to transcribe her court notes in the empty courtroom. She said Knickmeyer was angry because he wanted to sleep in the courtroom.

"He was like an attack dog," she said. "The courthouse is a place where the law is supposed to be uphold and adhered to."

D'Aloia said the confrontation was the only time she had problems with Knickmeyer, but she thinks he deserves to be fired.

The complaint is the latest allegation against Knickmeyer, who was accused of using excessive force against 19-year-old Jeff Becker in 2002. Becker was scheduled to testify at a coroner's inquest to investigate his father's death.

According to reports published in the Sun, witnesses claimed Knickmeyer handcuffed Becker and slammed him into a door when Becker caused a disturbance outside the courtroom. But Knickmeyer denied using excessive force and said he was forced to handcuff Becker to restrain him because he was acting aggressively.

D'Aloia said she resigned from her job as a clerk in Mosley's courtroom the day after the incident.

She has since taken her previous job back as a relief clerk, a position that requires clerks to work in various departments when needed, she said.

"But that was a department I wanted to work in," she said. "It was something I wanted and worked hard for and had to leave because of him."