Former SPCA officer resigns after lawsuit

By KENNY WALTER
Staff Writer

EATONTOWN — A former chief of an organization aimed at preventing animal cruelty is named in a lawsuit alleging that he sent harassing and offensive text messages, and engaged in illegal and unethical conduct.

The suit alleges that Victor “Buddy” Amato, former chief humane officer at the Monmouth County Society for the Prevention of Cruelty to Animals (MCSPCA), created a hostile work environment for Suzanne Des Marais.

“The messages were harassing to the plaintiff in that they were severe and pervasive,” according to the suit. “Amato directly used his position as a superior and the authority given to him as a chief of police to manipulate the workplace environment and to create a hostile work environment.”

The suit claims that Amato engaged in several illegal and unethical activities, including issuing police badges and police authority without interviewing officers or performing background checks; directing an agent to forge Amato’s name on summonses and warrants; and equipping his own vehicle and authorizing other agent vehicles to be equipped with illegal emergency flashing lights and sirens.

The suit also claims Amato failed to use any standard law enforcement practice for keeping information; failed to implement standard procedures for retaining evidence in a database; and failed to implement or require any training for the use of force, despite issuing handcuffs, pepper spray and other gear.

Des Marais, a Jackson resident, named the MCSPCA, Amato, and board members Daren Haber and Arlene Opatut as defendants. The lawsuit also includes 25 unnamed defendants.

Des Marais requested a trial by jury and is represented by John Sanders of Shebell & Shebell, who filed the suit on March 2 in Superior Court in Freehold.

Following the filing of the suit, Amato resigned from his position with the MCSPCA.

“The Monmouth County SPCA has a zero-tolerance policy against discrimination and harassment,” Jerry Rosenthal, president and CEO of the MCSPCA, said in a prepared statement. “These allegations have been taken very seriously and have been under a thorough investigation.

“Victor Amato has resigned from his position as chief of law enforcement for the MCSPCA.”

According to Rosenthal, the New Jersey SPCA will assist with providing support to enforce the animal cruelty laws in Monmouth County until a chief is named.

Rosenthal said Des Marais remains a volunteer with the MCSPCA Law Enforcement Division.

According to the suit, starting in August 2014, Des Marais and a group of Amato’s subordinates began receiving “humiliating and offensive hate messages.”

The messages, examples of which were provided in the 13-page lawsuit, contain statements about African-Americans, homosexuals and women.

According to the lawsuit, Des Marais was afraid to come forward with a complaint due to the impact it might have on future aspirations for employment.

“Amato, who holds himself out as a martial arts expert, engaged in a pattern of intimidation against his subordinate employees at the MCSPCA,” the suit claims.

“This included threats to the plaintiff’s co-workers that the plaintiff witnessed or became aware of through word-of-mouth in the MCSPCA.”

According to the suit, both Haber and Opatut were made aware of the allegations, but did not act in the proper manner.

“The regular, pervasive and continuous nature of the illegal and intentional conduct was done with full knowledge, consent and participating of supervising employees, including Amato,” the suit said.

“As such, the illegal conduct was aided and encouraged by the plaintiff’s supervisors and the board members themselves, specifically Amato, Haber, Opatut and the MCSPCA, jointly, individually and severally.”

The lawsuit includes an allegation of violating New Jersey law against discrimination by creating a hostile work environment and an allegation of violation of the Conscientious Employee Protection Act by being told it “would be better if she did not continue coming into work after her complaints.”

Des Marais joined the Plumsted Police Department in 2007 as a part-time special police officer after nine years as a special police officer with the Long Branch Police Department.

Des Marais received a $275,000 settlement arising from her 2009 claim alleging sexual harassment in the Plumsted Police Department. The sum represented compensatory damages for the sexual harassment Des Marais claimed she was subjected to by her superior officer.