Suit, new resignation and his own words add to Schor’s woes

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Lansing Mayor Andy Schor is on the defensive amid a racial discrimination lawsuit from several current and former employees and leaked audio in which Schor recognized “racial issues” and apologized to one of the plaintiffs — hardly something a defense attorney ever wants to hear.

Last week also saw Schor under attack by Black Lives Matter and other activists over a campaign letter in which the mayor pushed forward with early fundraising efforts and said those challenging him in 2021 are “using George Floyd’s death” to “tear down Lansing’s progress.”

And this week also brought the news of Fire Chief Mike Mackey’s resignation after just 16 months — and just one day after the discrimination lawsuit was filed against the city.

Mackey said the timing is coincidence. But when a captain jumps from a ship that’s already taking on water, it hardly helps with optics for a shipbuilder already facing widespread criticism.

City Pulse has reported for a year and a half on allegations of racial discrimination within the Fire Department and the Mayor’s Office. And with last week’s lawsuit, those issues are reaching a boiling point as calls for Schor’s resignation reverberate, largely within the Black community.

Here’s the rundown:

Schor accused of bias — again

At least seven Black current and former city of Lansing employees sued the city, the mayor, the firefighters’ union and others last week for racial discrimination and race-based retaliation.

Plaintiffs include former Chief Randy Talifarro, Battalion Chief Terry Israel, Administrative Chief David Odom, Staff Officer Bruce Odom and Fire Logistics Chief Jwan Vanez Randle. They claimed to have faced racist behavior that “substantially interfered with their employment.”

(Two other firefighters, brothers Michael and Wesley Demps, were initially included but apparently either withdrew or  never authorized their inclusion.)

Fired mayoral scheduler Natasha Atkinson and former Information Technology Director Collin Boyce are also suing. All seven named the city, Schor, Deputy Mayor Samantha Harkins, the International Association of Firefighters Local 421 and former Union President Eric Weber.

The complaint also alleges they were “subjected to repeated and continuous discriminatory treatment, hostile working environments and adverse employment actions” including suspensions, terminations and being “forced out of their positions” due to their race.

Plaintiffs also contend to have faced retaliation after they complained to upper management.

City Attorney Jim Smiertka said the lawsuit — simply given the sheer number of plaintiffs and defendants — is a “defense attorney’s dream” and could require up to 45 days of depositions. Accordingly, if it moves forward, the city can expect a lengthy and expensive legal battle.

However, he’s confident the city will prevail. Smiertka labeled the complaint as “without merit.”

“I’ve been practicing law for over 40 years and I haven’t seen anything like this. There’s a lot of inflammatory rhetoric, conclusions. It really appears as though this was written not for the court, but for public consumption. It reads like a he-said-she-said type of a fictional novel,” he said.

Smiertka also labeled the lawsuit as “political” in nature, rather than an actual pursuit of justice.

Detroit Attorney Scott Batey, who filed the suit, disagreed: “There’s no politics involved. You can’t target a race of people and systematically get rid of them using the same playbook.”

Batey said the “end goal” of the lawsuit is to allow city employees to go to work without being targeted based on skin color. It isn’t entirely about money, he said, but he expects a jury to award damages that are appropriate for some of the harm that simply cannot be undone.

The lawsuit is also the second racial discrimination action filed against the city since Schor took office. Firefighter Michael Lynn Jr. also sued the city for an incident involving a banana that was allegedly left on the windshield of his assigned vehicle in 2018. That case remains unresolved.

Here’s a look at the plaintiffs and their specific allegations:

Natasha Atkinson

Atkinson was fired as an events coordinator in Schor’s office in February. She claims that her ideas for diversity were dismissed, white staffers had ignored her and that her desk had been repeatedly ransacked.

In the complaint, she alleges that Harkins, who was chief of staff at the time, told Atkinson that “we need a young black woman in the department” to eventually replace Marilyn Plummer as community outreach coordinator.

It also details a visit to the Schor’s office from Black Lives Matter activists after a Black teenager was repeatedly punched by a Lansing Police Department officer. Schor allegedly dismissed Atkinson’s suggestions to prepare a statement before meeting with protesters. Atkinson also claims Citizen Advocate Mark Lawrence referred to those activists as a “dog without a bone.”

Later, Atkinson contended to have “experienced intimidation and harassment” for attempts to promote diversity in Schor’s administration and that it became a recurring theme in the office.

The complaint also claims that Harkins told Atkinson that her “ovaries scream” when she sees Chief Administrative Officer Nicholas Tate, a Black man, and that she “LOVES black men.” Harkins couldn’t be reached for comment.

The lawsuit also describes a “loud discussion” between Harkins and Joan Jackson Johnson, a Black woman and former human relations and community relations director who was suspended in January after she was accused of financial improprieties and then retired. She has denied those claims, and the court-appointed receiver for a charity she headed said he found no improprieties. State and federal authorities are supposedly investigating, but more than seven months after her suspension, they still have not said anything, at least publicly.

Harkins reportedly yelled at Jackson Johnson, who said, “I’m not scared of you. Harkins responded: “I’m not scared of you.”

After that incident, Atkinson said Harkins told her that “professional black women have a bad attitude” and “chip on their shoulder, maybe rightfully so, but they have to learn how to take direction,” according to the complaint. Racism, Atkinson contended, was abundant at City Hall. Jackson Johnson corroborated the account to City Pulse.

The suit also alleges that Harkins told Atkinson that mayoral staffer Valerie Marchand had “a problem with black people” and that Atkinson “intimidated” her. Harkins also said Marchand “did not associate with black people,” so she was scared of Atkinson in the office.

The complaint also describes attempts by Atkinson to add some more diverse music to the city’s downtown playlist. Marchand — who is also the city’s DJ — allegedly complained about Atkinson to Harkins and “went home crying,” according to the complaint. Marchand didn’t respond to questions. Smiertka said he has advised the defendants not to comment.

By last November, Atkinson also claimed, she was “shunned” and ignored by white staffers in the Mayor’s Office, only to find her desk overturned after she tried to report city officials for the needlessly expensive lunches and afternoon drinks purchased on city-issued credit cards.

In response to Atkinson’s complaints, the City Council briefly considered launching an investigation into Schor’s office, only to have the idea shot down by Smiertka. Council has no legal authority to investigate the Mayor’s Office, he explained to Council members last month.

A subsequent records request — which was sent by City Pulse weeks ago — also revealed that Schor actually had no documented reason for dismissing Atkinson. No complaints were filed. City officials couldn’t locate a single incident that would have led to Atkinson’s firing.

Randy Talifarro

Talifarro, an East Lansing resident, served as fire chief for both the Lansing and East Lansing Fire departments from January 2012 until he quit the dual role in July 2018, opting to only serve as chief of the East Lansing Fire Department. He had told City Pulse that he left because the workplace became “extremely uncomfortable” after Schor took office in January.

In the suit, Talifarro alleges that he experienced “demeaning and discriminatory” treatment by many officials in the city but especially Schor. Talifarro also contends that the mayor, even before his term began in 2018, had conspired to fire him based largely on racist rumors that were spread at the time by the firefighters’ union’s Weber.

Talifarro also claimed he and Bruce Odom were wrongly blamed in 2018 for an apartment fire at LaRoy Froh Townhouses, a large complex owned and maintained by the Lansing Housing Commission. He said Schor also wrongly blamed former LHC Director Martell Armstrong, also a Black man.

The complaint also alleges that Weber had a pattern of defending white firefighters while often demanding that Black firefighters be severely reprimanded or fired for comparably minor offenses, creating a “hostile work environment marked by unequal treatment” for Black staff.

Talifarro said his authority as chief was “routinely circumvented” by the city, alleging officials had conspired to “harshly punish” Black staff while largely ignoring misconduct of white employees.

Schor and Harkins also never consulted Talifarro on any matter concerning fire operations, code enforcement, staffing practices or management during his seven months as fire chief, he said.

“Schor would disregard any idea or concern expressed by Talifarro no matter his experience on the matter, until a Caucasian voiced support for it,” the complaint reads, alleging that Schor also delayed the promotion of Bruce Odom, another Black employee at the Lansing Fire Department.

Talifarro and Schor were also entangled in a public, and widely reported, dispute last year when Talifarro bashed Schor over an almost entirely white and male class of firefighters hired in 2018.

Collin Boyce

Boyce, who moved to Tucson, Arizona, resigned last year after he and other black employees who dared to challenge Schor’s authority were pushed aside or fired, he told City Pulse earlier this year. Boyce said he only left after Schor refused to value his work and “forced” him to leave.

“This isn’t Ku Klux Klan racism, you know with white sheets and burning crosses. It’s ‘Negro: You have to stay in your place,” Boyce explained in a City Pulse interview. “And if you don’t leave when they want you to leave, then they’re going to find a way to nudge you out the door.”

The complaint states that Boyce inherited a “hodgepodge” of old software and an inept security system, but he was able to modernize the department under former Mayor Virg Bernero. After Schor was sworn in, Boyce said it felt like the administration was trying to “force” him out.

Schor and Harkins reportedly created such a racially hostile work environment toward Boyce that other city officials began to take notice, the complaint states. At one point, a city official reportedly told Harkins and Schor: “If you’re going to force him out, you better have a plan.”

Boyce said he made numerous complaints about racism to Schor, noting the mayor rarely met with Black department heads “unless he needed a scapegoat.” The complaint also alleges Boyce and Talifarro were “falsely accused” of stealing computer software because of their race.

“Boyce continued to work 12-18 hour days despite feeling like trash due to the racist conduct from Mayor Schor and others in the mayor’s office,” the complaint states, noting Boyce was accused of inappropriate sexual relationships and unfairly punished for bringing his kids to work.

Boyce resigned after he “could no longer accept the constant racial discrimination” in Schor’s office, he said. Schor, however, didn’t mention racial tensions when discussing Boyce last year.

In a statement sent to City Pulse earlier this year, he also declined to answer questions on “personnel” issues and flatly refused to acknowledge any racially based problem within his office.

“I treasure the diverse voices of my staff and cabinet,” he said. “They are hardworking and dedicated people focused on serving the residents of Lansing, and I learn from them every day. I seek feedback and advice from all of them, without micromanaging so they can do their jobs.”

As for the several people of color that have suggested otherwise? “My team and I take the policies and ethical standards of the city very seriously, and we follow them,” Schor added.

Terry Israel

Israel, a Lansing resident, has worked at the Fire Department since 1996 and served as battalion chief since last December. After his promotion, according to the complaint, he became the target of “harassment and discrimination,” namely from Assistant Chief Michael Tobin.

As the COVID-19 pandemic struck in March, Israel began working remotely for portions of the day. Tobin subsequently began investigating him and may have had him secretly surveilled, the complaint states, but he didn’t conduct a similar investigation on any white battalion chiefs.

Eventually, officials tried to demote Israel to a captain in an alleged violation of a collective bargaining agreement that would’ve prevented the move. Instead, Israel was eventually suspended for two days while white employees continued remote work without punishment.

“No similarly situated Caucasian battalion chiefs were disciplined,” according to the complaint.

Bruce Odom

Bruce Odom, a Lansing resident, reportedly underwent an extensive interview process in 2017 to become an assistant fire chief, but he was unfairly denied the promotion due to his race despite having the “highest blended score” on a promotional assessment, the complaint states.

The complaint also states that Talifarro was asked by outgoing mayor Virg Bernero — at Schor’s request — to “hold off” on promoting Odom. Bernero reportedly told Talifarro that Schor had “issues” with those who were invited to apply for the job and suspended Odom’s application.

Bernero couldn’t be reached. The former mayor, who is considering a run against Schor next year, has also been publicly critical of how his successor has dealt with Black former officials.

Weber, who also served on Schor’s transition team in addition to his role as union president, allegedly didn’t want Odom promoted to assistant chief and was actively interfering with the process. Still, Odom was eventually promoted to assistant chief in February 2018 but was reportedly paid much less than other assistant chiefs at the department, the complaint states.

Schor and Harkins also reportedly demanded that Odom discipline Black officers in cases where discipline had already been deemed inappropriate while withdrawing disciplinary action against several white firefighters who had been “investigated for several crimes,” the complaint states.

Odom also said he was falsely accused of gender discrimination and forced to go through “cultural sensitivity training” for denying a female firefighter’s request to attend a conference. In reality, Odom “was a champion of women’s rights and advancement,” according to the lawsuit.

Additionally, when Talifarro resigned, Odom was reportedly asked not to attend the mayor’s cabinet meetings and, despite serving as the highest-ranking employee at the time, was never considered for the job of interim fire chief before Purchase was later appointed to the role.

Odom said that after Talifarro was “forced to resign,” he became “increasingly marginalized” at the department and was relegated to minor tasks. The continued “racial hostility” eventually forced him to retire in July 2018 after he was made to feel like a “second-class” employee.

 

David Odom

David Odom, a Lansing resident, is Bruce Odom’s cousin. After Lynn filed a discrimination suit against the city, Purchase reportedly told Odom that Lynn “could not be trusted” and that Odom needed to “distance himself from race issues” if he ever hoped to earn a promotion in the city.

Purchase also allegedly told Odom that he was “tired of this black stuff” at the department. Odom also complained that he was subjected to a hostile work environment and threats whenever he discussed concerns with his supervisors. Schor reportedly promoted those supervisors in an alleged “patent effort to silence” Odom’s concerns on racial discrimination.

Jwan Vanez Randle

Randle, who lives in Mason, has worked at the Fire Department since 2000 and served as chief of logistics — formerly chief of maintenance — since March 2016. Randle reportedly tried to defend Boyce and Talifarro from accusations that they had stolen a city computer program, but he was in turn threatened by Purchase to stop discussing any accusations made against Boyce.

Purchase later accused Randle of stealing a push mower, gas cans and axes from a job. The allegations, according to the complaint, were only part of a “pattern” of discriminatory treatment.

The complaint also says union officials attempted to demote Randle and eliminate his division.

Purchase also reportedly told Randle to “watch out” because Lynn was a “troublemaker” and repeatedly insinuated that Randle was involved in a scheme to steal equipment with Talifarro.

“Purchase intentionally set up Randle to fail due to his race by refusing to provide a full staff for Randle’s division and then accused Randle of underperforming,” according to the complaint.

Schor apologizes in leaked audio

Leaked audio from last year surfaced over the weekend of Schor apparently recognizing and apologizing for “racial issues” that have allegedly long plagued the Fire Department. The recording appears to be a May 2019 meeting between Schor and planitff David Odom.

“If I said that there are no racial issues within the Fire Department, it may have been something that I said earlier on because there are. I know there are. I’ve had folks talk to me,” Schor can be heard telling Odom. “There definitely are. I know there have been in the past.”

“I’m the one who’s responsible for the city, and for me, I believe that I believe you,” Schor said. “I believe this is what you faced and I will apologize on behalf of the city to you. I don’t want to see any employee face that. I really don’t. And if you have gone through those things, I believe you and I would like to find a way forward. I’d like to figure out — moving forward — how you help how we work together moving forward. My job is making sure things go well within the city.”

And though city officials have labeled the recent lawsuit as “very political” and “inflammatory,” Schor’s own statements in the tape also suggested that they’re about more than just politics.

Lynn’s federal discrimination suit against the city alleges a pattern of racial discrimination and retaliation after a banana was found on the windshield of his assigned fire truck. Lynn contended the 2016 incident was an act of deliberate discrimination against him and others.

City Pulse published a series of stories on that lawsuit and various claims of racism within the Fire Department. The city, in response, launched a marketing campaign to highlight diversity. Schor also dismissed the notion of discriminatory treatment in an interview with City Pulse.

“We have not heard any other specific complaints. There was one individual who has not been happy,” Schor told City Pulse last year. “I don’t want to minimize any concerns here, but we’ve addressed that situation quickly and we’ve moved forward.”

He phrased it differently to Odom a few months later in the newly surfaced audio. 

“I would retract that in a heartbeat,” Schor told Odom. “I know there have been in the past. I know the incident that led to the lawsuit, I mean, I know that all happened and we’ll address it.”

In another recently surfaced clip, Schor can be heard explaining to the firefighters union before his election how he had “not heard good things” about sharing a fire chief with the city of East Lansing, noting that he hadn’t talked to Talifarro but would prefer to end the dual-chief position.

“I have not heard good things, to be honest with you,” Schor said of Talifarro’s role as fire chief. “I have not had a chance to sit down with the chief and chat with him. I want to hear how it’s going. I want to hear about the people who are being affected and hear how it’s going.”

“I like having a chief here in Lansing who will devote his or her full attention to the city. I won’t give you a guarantee one way or the other until I have all of the information. That’s how I operate. But from what I’ve heard, I’m not a huge fan of the system. We’ll see what happens.”

Talifarro resigned five months after Schor took office.

Fire chief resigns

Fire Chief Mackey confirmed his resignation on Monday after about 16 months on the job and just days after the racial discrimination lawsuit was filed. Mackey contended that he’s only leaving for “personal reasons” and not at all because of the recent litigation.

Plaintiff David Odom has repeatedly emphasized in recent weeks that Mackey has not contributed to the racial discrimination issues at the Fire Department.

Mackey — who billed himself as the “blue-collar chief” — was hired to replace former Lansing Fire Chief Randy Talifarro last April. His hire followed two interim chiefs appointed by Schor after Talifarro resigned in 2018.

Before Mackey started in Lansing at $124,471 annually, he oversaw a larger department that covered nearly 1.5 million residents over 1,800 square miles in Palm Beach County, Florida. The Lansing Fire Department only covers about 116,000 residents over 37 square miles. 

“It was a nice job. It’s just time for me to go back,” to his family in Florida, Mackey told City Pulse Monday.

Schor said a search for a new fire chief will begin immediately.

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