The Maine Human Rights Commission will vote Aug. 7 on a complaint by a South Portland deputy police chief who claimed the city discriminated against her because she was a woman.

An investigator for the commission decided the claim by Deputy Chief Amy Berry was unfounded. Pat Ryan, executive director of the Maine Human Rights Commission, said the commission generally follows the advice of its investigators.

Berry filed complaints last August against the city of South Portland, former City Manager Jeffrey Jordan, former Human Resources Director Beth Drennen-Bates and three police unions, including the Maine Association of Police.

She accused the parties of sexual discrimination for reorganizing the police department in a way that, she believed, effectively demoted her. Though some of her responsibilities were reallocated to the police chief and others, she maintained her title and pay rate.

However, there is an appeal process, if Berry wants another shot at pleading her case. If Berry chooses, she can present a written or oral objection to the investigator’s recommendation at the Aug. 7 meeting.

Berry would only say “it’s too early to tell” whether she would object to the recommendation.

South Portland city attorney Mary Kahl said the city never believed Berry was discriminated against because she was a woman and the investigator’s report confirmed that belief. “It’s good to get that affirmation,” said Kahl.

Kahl said it would not be a surprise if Berry continued the fight with an objection. She and Police Chief Edward Googins say the top priority for the department is continuing to promote a positive working environment.

Others involved, say this dispute, which began with a sergeant’s complaint about Berry and Googins nearly two years ago has taxed the department, and it’s time for a resolution.

Maine Association of Police Executive Director Paul Gaspar said he is anxious for the Commission’s final say, though he is pleased with the outcome of the report. “We hope the commission votes favorably, and that we’re able to move past this,” said Gaspar.

Former South Portland City Manager Jeffrey Jordan, who left his post in early May for a position at the Brunswick Local Redevelopment Authority, said he hopes the ruling brings closure to the dispute.

“It’s been a tough issue for everyone involved…a number of employees were aware of this investigation, and that creates anxiety as to what will happen,” said Jordan. Once the dispute is resolved, “all the employees can move forward,” he said.

Berry told the investigator for the commission that the loss of her duties during the March 2005 reorganization was a result of sexual discrimination, according to the report.

During the reorganization, Berry lost some influence over the department when two divisions – internal affairs and patrol – were pulled out from under her command and handed over to two male lieutenants, the report said.

The reorganization was preceded by a tumultuous few months in the department, said the report, when Human Resources Director Beth Drennen-Bates, charged with evaluating Berry’s performance uncovered severe dysfunction within the department, seemingly stemming from Berry and Police Chief Edward Googins’ leadership styles.

In a poll Drennen-Bates conducted of all 55 employees in the department, 22 employees complained about Googins and 38 complained about Berry, the report said.

Police employees said Berry was unapproachable, she nitpicked, favored certain people, sought out fault and was unfriendly, while Googins lacked accountability, failed to supervise Berry, was unsupportive, uncaring and unwilling to consider negative feedback, according to the report.

The review was triggered by a sergeant’s complaint that Berry and Googins “engaged in age discrimination, created a hostile work environment and applied different standards to different employees in the department,” the report said.

Further, the sergeant alleged that Berry violated internal affairs procedures during an investigation of him by soliciting citizen complaints against him. Googins was aware of Berry’s methods but did nothing to reign her in, the sergeant said.

In the last year, Googins said the department has worked to remedy the problems identified by the sergeant and Drennen-Bates in her report. “We’ve made considerable headway,” he said.

Jordan said the department’s reorganization, which occurred under his leadership, was all part of its rehabilitation. By “flattening out” the hierarchy and giving the chief more direct authority over the department, Jordan said employee morale and confidence has increased.

Berry joined the department in 1977 as a patrol officer and was promoted several times before she became deputy chief in 2001.

Jordan said he admires the work Berry has done while on the force. She was one of the first female officers to achieve a high-ranking position in Maine. “That’s not easy, breaking into a traditionally male dominated occupation. She had to break a lot of stereotypes,” said Jordan.

Now he hopes Berry and the department can lay the dispute to rest. “It was nothing personal,” said Jordan, who wishes Berry well. “I want her to have the opportunity to succeed and finish out a strong career,” he said.