HomeMy WebLinkAboutItem No. 08 - Independent Investigation Status Update
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 6, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Independent Investigation Status Update
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file a status update requested by the City Council on the
independent investigation into the allegations of harassment made by current and
former City employees against Mayor John Valdivia and the City of San Bernardino.
Background
The City retained an independent investigator on February 20, 2020, to investigate the
allegations of harassment made by current and former City employees against Mayor
John Valdivia and the City of San Bernardino. When such allegations are made,
conducting a thorough investigation is critical. The California Fair Employment and
Housing Act (“FEHA”) imposes an affirmative legal obligation on employers to take all
reasonable steps necessary to prevent discrimination and harassment from occurring in
the workplace (Gov. Code, § 12940, subd. (k)). Satisfying this obligation requires
employers to investigate complaints of discrimination or harassment. The Equal
Employment Opportunity Commission (“EEOC”) has also imposed a duty upon
employers to investigate complaints of harassment. (EEOC: Policy Guidance on Sexual
Harassment, 8 FEP Case. Manual (BNA), at 405:6685, n. 7, 405:6699, Section E
(1990).)
Discussion
The independent investigator engaged by the City to handle this case has worked
diligently to identify and interview witnesses and review the available evidence. The
investigator has made significant progress with this investigation despite numerous
challenges. To date, the investigator has only had the opportunity to interview one of
the individuals who made complaints against Mayor Valdivia. While, the remaining
complainants have been invited to participate in the investigation, they have refused to
be interviewed by the investigator, even with their attorney present. Consequently, the
investigator must rely on the claims themselves, news articles, statements made during
press conferences, and verbal accounts by the complainants’ attorney to determine
what the complainants are alleging.
The investigator has interviewed other staff members in the Office of the Mayor, the
Office of the City Council, the Office of the City Manager, and the Human Resources
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Department. The investigator is currently working to schedule an interview of one
remaining party. Based upon the information received in this interview and any
additional claims that are filed, the investigator may request interviews with additional
parties. Once these steps are complete, the investigator will prepare rep orts regarding
the various claims. The City will continue to provide the investigator with any
information required to complete the investigation as quickly as possible, but also afford
the investigator the time reasonably needed to complete a thorough an d independent
investigation. Once this process is completed, the findings will be published to the City
Council.
Fiscal Impact
The cost incurred by the City in association with the engagement of an independent
investigator and outside special counsel handling the investigation through April 30,
2020 is $51,762.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file a status update requested by the City Council on the
independent investigation into the allegations of harassment made by current and
former City employees against Mayor John Valdivia and the City of San Bernardino.
Attachments
None
Ward: All