The former police chief for the Elmira Police Department (EPD) is suing the city over alleged sexual harassment and wrongful termination.
In a 17-page civil complaint filed on Jan. 7, Anthony Alvernaz claimed he was terminated from his position as chief of police in 2023 in retaliation for hiring a Black, disabled military veteran onto the police force.
Alvernaz also alleged Elmira City Manager Mike Collins made unwanted sexual advances towards him in person and via text messages.
The complaint alleges that Collins told Alvernaz if he hired the veteran, Montrel Sturgis, Alvernaz’s life would become a “living hell” and he would be “forced to quit.”
At the center of the retaliation claim is the allegation that Collins expressed concern the veteran would use his city employment to collect disability benefits “as soon as he was hired.”
The lawsuit claims Collins stated in front of the hiring committee that “Sturgis appeared to be proud to be taking money from the government in the form of veterans’ benefits.”
Alvernaz hired Sturgis and said the city then “immediately retaliated by manufacturing a baseless investigation against him, accusing him of insubordination and forcing his termination.” The investigation was related to an arrest that took place in 2022.
According to the lawsuit, on Jan. 9, 2023 the former police chief was called into a meeting with Collins and given the choice of termination or resignation from his position. Alvernaz refused either and was terminated on the spot. .
The next day, Collins rescinded Montrel Sturgis’ employment with the police department.
The lawsuit described allegations of sexual harassment and a hostile work environment driven by Collins towards Alvernaz.
In one section of the complaint, Alvernaz said he was subjected to a “barrage of unsolicited and offensive sexual advances, comments, and physical contact.”
The allegations include Collins talking about his body parts to Alvernaz, sending unsolicited pictures of himself in states of undress to Alvernaz and calling the then-police chief the “best looking chief.”
At one point, the lawsuit alleged Collins “professed his love” for Alvernaz the week before he was terminated.
The civil complaint stated Alvernaz is suing Collins, the city and the city’s mayor Dan Mandell.
Alvernaz served in the Elmira Police Department for 27 years.
He is seeking compensation for lost wages and benefits he claims were withheld that he said he is entitled to receive, including accrued terminal leave pay and the city “contesting his claim for unemployment benefits.”
Alvernaz is also requesting the city issue him an honorable discharge and remove the termination from his permanent record.
He also wants a permanent injunction against the defendants from any further discrimination or retaliation against him.
Defendants have 21 days after being served a summons of the civil action to respond unless they waive the summons. It is unclear how long the defendants in this case have to respond: documentation shows that on Jan. 7, legal representation for the city waived the summons, therefore all three defendants may have 60 days to respond.
Collins said he has not been served and he has “no comment.”
It is not clear if Mandell has been served. He said he has “no comment at this time.”
Attorneys for the city did not respond to WSKG for clarification.