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Investigation of racial complaint against Farmington officer and Habitat ReStore is completed

Police officer is cleared; ReStore makes changes
Tres Rios Habitat for Humanity ReStore is at 1915 E. Murray Drive in Farmington.

The Farmington Community Relations Commission completed its investigation into a police officer and a local nonprofit after complaints of racial discrimination.

Complaints against the police officer were unsubstantiated. However, a complaint about pricing at the Tres Rios Habitat for Humanity ReStore was substantiated and corrected, according to Dale Leedy, co-chair of the commission, who was assigned to investigate.

Barbara Morgan of Shiprock brought her complaint to the commission on July 6, nearly a year after she filed a complaint on July 18, 2022, with the Navajo Nation Human Rights Commission, Civil Division.

Morgan, who is a member of the Navajo Nation, claimed that on June 15, 2022, she went to the Tres Rios Habitat for Humanity ReStore, 1915 E. Murray Drive in Farmington.

Morgan said that while shopping in the store, she believed the pricing in the store was odd, because “Nothing is marked. The guy just started calling out prices,” she said. She added that the Habitat store in Albuquerque has prices.

Morgan told the commission that she looked at area rugs and rolls of fencing and then “saw a cookie can of threads and sewing items and picked it up.” However, when she asked a woman how much it was, a “man said $21.”

Morgan told the commission that she questioned the way the man was pricing items, and he reportedly told her, “I can charge you a dollar for each item in that.”

Morgan told the commission the man “had a mean look on his face,” and she felt threatened and scared.

She left the ReStore and contacted Farmington Police officer Kristopher Kowalski, whom she said told her “shopkeepers could treat people any way they wanted,” according to her written statement.

This further upset Morgan, who decided to address the issue with the Community Relations Commission.

Leedy in his report stated that he began his investigation by attempting to contact the ReStore but discovered it would be closed until July 26.

Leedy then contacted Farmington Police Deputy Chief Baric Crum to review lapel cam footage of the interaction between Kowalski and Morgan.

“The video review showed Officer Kowalski remained calm and courteous. It could not be determined if the officer gave Ms. Morgan his undivided attention,” Leedy wrote, adding he also review additional information from a call to nonemergency dispatch and then determined that Kowalski should be cleared of any allegations.

Leedy contacted ReStore on Sept. 26. He was informed that the store had a new executive director, Cindy Haws, whom he interviewed by phone Sept. 27.

Haws told Leedy that Tres Rios Habitat for Humanity learned of the complaint when they read a July 10 article in the Tri-City Record reporting Morgan’s complaints. Haws said “immediate action was taken by the Tres Rios Habitat for Humanity Board of Directors.”

Haws was assigned to oversee the store, and the male subject of the complaint was suspended and later terminated, Leedy wrote in his report.

The ReStore was temporarily closed as the Habitat board conducted an internal review and “validated that many items lacked pricing in the store,” Leedy’s report states.

Haws also informed Leedy of many changes in the store including a price scale for employees, price labels or signage on all items, and lower pricing to reflect the economy and allow for allowing on furniture and hardware. Employee hiring and onboarding guidelines also were created with an emphasis on “customer satisfaction and cultural sensitivity,” he wrote.

An employee handbook for the ReStore should be completed by year’s end, he wrote.

Leedy also was told that Morgan had returned to shop at the ReStore, so he contacted Morgan to discuss her experience.

Morgan told Leedy the new staff at the store were helpful and friendly and all items were clearly marked with “labels or price signage,” according to the report.

“Barbara indicated that she felt her complaint highlighted the need to reopen the dialogue of racism and cultural insensitivity, the need for educational opportunities on the topic of cultural awareness and tolerance and the importance for local business to adhere to Federal and State Consumer Protection Laws,” Leedy’s report states.