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Des Moines City Council approves settlement for 4 DMPD officers alleging harassment

Four female officers filed a lawsuit claiming Stew Barnes, the former Des Moines Police Union President, sent them unsolicited, naked photos.

DES MOINES, Iowa — The Des Moines City Council approved a settlement Monday night for four Des Moines police officers. 

The officers filed a lawsuit against the Des Moines Police Department and the city in 2021 after facing harassment from the former president of the Des Moines Police Union, Stew Barnes.

"The main thing about this settlement agreement is that we're going to get some changes, some much needed changes," said Jill Zwagerman, the employment discrimination and civil rights Lawyer representing the four officers. 

Jessica Bastian, Cynthia Donahue, Shannon Duffy and Tracy Rhoads all say they were sent unsolicited, naked photos by Barnes throughout their career. 

"It was a hard awakening realizing that this is also something I'd have to face," Bastian said. 

Barnes retired after the lawsuit was filed. He didn't face any disciplinary action.

"Thinking how are we going to survive these next 5, 10, 15, 20, Jessica may have 30 years. How are we going to survive this, if it stays the way it currently is?" Rhoads said. 

Rhoads was the first one to speak up and realize something needed to change. 

"I was at my wits end in terms of trying to get things done and changed," Rhoads said. "I never wanted to file a lawsuit, but here I am and here all of us are, and I think sometimes when it hurts financially, then changes are made."

The city agreed on these settlement terms:

  • Rhoads: $1.1 million 
  • Bastian: $450,000.00
  • Donahue: $437,500.00
  • Duffy: $387,500.00

In addition to financial settlements, DMPD will be required to work in tandem with Human Resources to investigate harassment claims. Those investigating the claims will also be specifically trained on how to investigate harassment. 

"I think we had a really good case, and I think these women are so brave and so strong," Zwagerman said. "I think that the department knows that some changes need to be made."

The plaintiffs say the four-year process was long, but they are relieved to see this outcome. 

"We want to make it a better environment for the younger, brand-new officers coming on," said Donahue. "We don't want females to go through the type of culture that we have for several years."

The four officers describe the settlement and changes to come as a "victory."

"This is important to value our women and to create an avenue where we can strive to be exactly where we want to be without looking behind our shoulder," Bastian said. 

The four women also express tremendous gratitude towards everyone who has supported them throughout the entire process. They hope to continue that support in the years to come.

"We want anybody to be able to come forward and be seen and heard when they make a complaint, and not just be brushed under the rug," Duffy said. 

Scott Sanders, the Des Moines City Manager, shared the following statement with Local 5 regarding the settlement.

“The City and the plaintiffs have reached a tentative settlement in this lawsuit that had been scheduled for trial in early May.  While the City does not intend in any way to diminish the emotional experiences of the plaintiffs, a settlement does not indicate liability; the City acted quickly and appropriately as required by law in response to complaints of harassment. If Council approves the settlement Monday, the plaintiffs, the City and the Department will all be able to move forward, and constructive input from the plaintiffs will be received by the City in an effort to continue to provide a good working environment for its employees."

   

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