Former Rockland police officer sues city, chief

ROCKLAND – A former Rockland police officer who accused the police chief of lying under oath during a speeding case almost two years ago sued the chief and the city Wednesday, alleging that his boss made his job “unbearable” to the point that he had to quit.

Joseph Bates, now an officer with the Maine Warden Service, filed the lawsuit in Knox County Superior Court, through his attorney, Michael Turndorf of Brunswick.

The lawsuit alleges that the city and Police Chief Alfred Ockenfels violated the Maine Whistleblower’s Protection Act, the Maine Human Rights Act and Bates’ First Amendment rights. The suit seeks unspecified damages from both the city and the chief and attorney’s fees.

On Wednesday, Turndorf could not be reached for comment, and Ockenfels was unavailable. City Attorney Greg Dorr said he will refer the matter to the city’s insurer, Illinois-based Coregis Insurance Co.

Bates filed a complaint with the Maine Human Rights Commission, but because the case had not been heard within 180 days, he sought permission to withdraw his claim and file a lawsuit. The commission granted his request on Sept. 4.

During an April 6, 2000, hearing in Rockland District Court involving a speeding infraction against Kenneth P. Factor of Bangor, Ockenfels stated under questioning by the defendant that he had figured the speed of the defendant’s vehicle by visual estimation. When Ockenfels was asked if he had been certified in visual estimation of speed, he replied that he had been certified two months earlier.

Outside the courtroom, Bates – then a Rockland police officer who had written the summons – and Ockenfels exchanged words on how the speed was determined, according to an affidavit that Bates submitted to the assistant district attorney.

During the exchange, Bates reminded Ockenfels that the chief had told Bates that he “clocked” the vehicle.

When Bates pointed out what he said was a contradiction between visual estimate and clocking, the chief allegedly stated, “It does not matter, we got him anyway.”

Soon after, then-Assistant District Attorney Dennis Smith filed a motion to set aside Factor’s speeding conviction, based in part, on information from Bates. The judge agreed.

A lengthy investigation by the Maine Attorney General’s Office followed, and Ockenfels was on a paid leave of absence for two months. The Attorney General’s Office cleared the chief of any wrongdoing.

In the suit filed Wednesday, Bates asserts that “almost immediately upon defendant Ockenfels’ return, plaintiff was subjected to a retaliatory, hostile and unpleasant work environment by defendant Ockenfels or others acting at defendant Ockenfels’ request.”

Because he brought his concerns to the district attorney, Bates claims, the terms of his employment changed and he was “constructively discharged.” Bates’ lawyer could not be reached to explain what “constructively discharged” means.

Bates also alleges that the chief attempted to sabotage his efforts to find a job, among other means, by contacting potential employers and disparaging him during background checks or having others do so.

The chief made Bates’ “working environment unbearable” because he had offered evidence or testimony against him, the complaint says.

In the complaint, Bates seeks a jury trial, alleging that the city violated the Whistleblower’s Act and the Human Rights Act. He also alleges Ockenfels violated his right to free speech under the First Amendment to the U.S. Constitution.