State Comptroller Tom DiNapoli’s office allegedly had a sleazy, toxic workplace culture that a “balloon penis” at an office party and smut cartoons shared by staffers, a newly surfaced sexual harassment suit showed.
DiNapoli’s office quietly paid $350,000 to settle the suit from ex-staffer Evan Harris, a 16-year veteran who worked at the office on Maiden Lane and claimed supervisors and employees subjected him to sexual comments, and made inappropriate remarks about his girlfriend.
The lawsuit, initially filed in Manhattan federal court in 2020, included a picture of a balloon shaped like a penis that appeared at an office retirement party for a colleague.
Harris also alleged that several other bizarre lewd transgressions occurred during his time in DiNapoli’s office, including a colleague who joked that Harris would “jerk off” in a new lactate room.
A supervisor also allegedly repeatedly sent him lewd texts, including a cartoon depicting someone performing oral sex on a microphone.
He was also allegedly sent a photo of a guy getting a prostate exam with the doctor behind him, which includes the caption of the patient saying “I asked the doctor where I could put my pants. ‘Over there, beside mine,’ was not the answer I was expecting.”
Another sexual cartoon he was allegedly sent depicted a woman who said, “My gynecologist says I cannot have sex for two weeks.” A man responds, “What did your dentist say?” the suit claimed.
An additional cartoon of a man with an exposed penis read “I was assaulted by a clown and stop laughing,” according to the claims.
Records show that more than $900,000 was spent on private law firms to defend DiNapoli’s office in the case — including $729,760.11 to the firm Bond, Schoeneck & King and $175,469.51 to O’Connell and Aronowitz.
Judge Loretta Preska rejected the comptroller’s office’s motion to dismiss the case in 2023, resulting in the subsequent settlement.
Harris, who was employed as an assistant to the director of audits in the office of unclaimed funds, alleged that when he told his supervisors the behavior was inappropriate, he faced retaliation, including being looped out of work projects, according to the suit.
Two of his supervisors — Lawrence Schantz, the director of the office of unclaimed funds, and Robert Tambini, the audits director in the unclaimed office — were listed as defendants along with the comptroller’s office.
The suit claimed that when Harris brought the concerns to a higher-up, his request to change supervisors was denied.
Harris’ boss then allegedly presented him with two options: quit or be fired for cause. His supervisor then warned him that if he were fired for cause, he would be unable to work in government again, the suit claimed.
When Harris threatened to speak to a lawyer, he was fired for cause, according to the lawsuit.
Each party agreed to the settlement “without any admissions of fault or liability” on April 17, 2024, according to a court filing.
DiNapoli’s office did not immediately respond to a request for comment from The Post.
DiNapoli, the comptroller since 2007, is running for re-election this fall and faces the first spirited Democratic primary since his first election.
His primary opponents could include Adam Bunkeddeko, Raj Goyle and Drew Warshaw.
Joseph Hernandez is the Republican nominee for comptroller.
