A number of loose ends and unanswered questions remain after the two-and-a-half month investigation into racism charges in Cobleskill.
Town Attorney Mike West hired the Albany law firm of Roemer Wallens Gold & Mineaux in late June, asking for an independent investigation into Highway Superintend Tom Fissell’s charges that Supervisor Tom Murray and Mayor Mark Nadeau made racist comments and that a racist culture is “pervasive” in Cobleskill.
Attorney Earl Redding submitted his report and recommendations to the town Thursday; councilmen delayed making either public until the names of what appears to be nine witnesses were redacted—or blacked out—to protect their privacy.
Evident in a redacted copy made available to the Times-Journal, however, is that Mr. Redding found his hands tied on a number of points:
• “Despite several attempts, Mr. Nadeau did not respond to requests to be interviewed,” something within his right, Mr. Redding wrote, but something that made the investigation more difficult.
• Mr. Fissell only provided “relevant” recordings.
Those recording included both Mr. Murray and Mr. Nadeau using the “n-word,” and a June 18 conversation between Mr. Fissell, Deputy Highway Superintendent Jeff Eckler, and Donald Dawson, an African-American employee at the Highway Department.
“Superintendent Fissell only produced those recording he deemed relevant to his complaint,” Mr. Redding wrote.
“He advised that he routinely records conversations of individuals meeting in his office and has done so for many years.
“He engages in this practice, upon the advice of another highway superintendent, for the purpose of refuting any erroneous accusations made against him.”
Other highlights:
• Despite his claims that there is a culture of racism “Superintendent Fissell stated…that the bigotry and racism allegations are only directed towards Supervisor Murray and Mr. Nadeau.”
• The audiotapes of Mr. Nadeau referring to President Obama’s campaign of Change and that he was treated like a ‘ni*ger’ “only contains this piece of a much longer conversation…
“The superintendent was unable to illuminate this Investigator as to the context of these statements and could only advise of Mr. Nadeau’s use of the ‘n-word.’
“However, the superintendent confirms that this is the only time he was ever heard Mr. Nadeau use a derogatory term to describe African-Americans.”
• Regarding the audio tape of Mr. Murray calling Martin Luther King Jr. Day, “that nig*er day”, “Supervisor Murray stated in his interview that he does not remember making that statement, but that the voice on the audio tape is indeed his” and according to Mr. Fissell, “was made without provocation.”
• Again, Mr. Fissell confirmed “this is the only time that anyone has overheard Supervisor Murray use this derogatory term.
“One single instance does not make a pattern and fails to establish a culture of racism,” Mr. Redding wrote.
As to why Mr. Fissell made the audio tapes public, Mr. Redding writes Mr. Fissell had concerns that Mr. Nadeau was pressuring Mr. Dawson to take time off.
However, there is more:
“Superintendent Fissell wanted the Town Board to have Mr. Nadeau stop going up to the Highway Department” and …did not appreciate that Supervisor Murray and Mr. Nadeau were constantly at the Highway Department…[or] the fact that they were up there a lot…[or] that they were trying to change the way the department was being run.”
And finally: “The investigation also revealed that employees within the Highway Department…exchanged racial jokes, banter, name-calling…amongst themselves. Superintendent Fissell was aware of this behavior and allowed it to continue.”
In one instance when it made Mr. Dawson uncomfortable, he complained to Mr. Fissell and the other employee was disciplined, Mr. Redding wrote.
“Although it could not be positively confirmed that the word “nig*er was used in the Highway Department by employees, it does appear that the men engaged in welcome racial banter amongst themselves.”