City of Reno City Manager Investigation Report

1. â
T
Nove,mbec 23,2016
Fdwin A. Keller, Esq.
GrcgoryJ. Kamer, Esq.
K¿rrer, Zvcker & Abbott
300 W. Charleston Blvd.
Suite 3
las Vegas, ].{V 89102
Re: City of Reno
JAMS Ref. #: l,26A0A4021
Oentlernsn:
Attached please find the Report of Investigation regarding allegations made against the Reno
City Manager. Along with the report I arn forwarding an Appe,ndix of exlnbits refereirced in the
Rcport.
There are certain doqrments that a¡e not contained within the Appendix tbat were still considered
in prqlring the Report. I received a number of docum€nts from John Gallagber, Esq.n counsel
for ltdr. text message histories betw€en Clinger and
¿nd Some of those text mesages have bee,n
becn to the Bates-nu¡nbered pages, but I have not
inoludcd the message histories in the Appendix, based on Mr. Gallagher's request that I protect
privacy concems. I would ff¡sume the documents are available to be acquired ûorn Mr.
Gallagher.
Other than those documents, I have not taken steps to redact information from the Report, or
from the documents in the Appørdix. I have left the decisions about redactions in your capable
hands.
Thank you for this mosl interesting assignmcnt. Please let me know if I can provide any further
inf,ormation, or if you find iteins in the Report tlnt require correction. I have endeavored to
avoid errors in the Report.
Respectfull¡
wïrÏd
Hon. David T. Wall, (Rst.)
JA"tdS

2. r(,Ðo
çoNrupryNrrAl,,a[vEsIrcAT.roN REponT
NOYEMBnR 21,2016
I. Int{oducdon
On or about August 23,2016, the JAMS las Vegas office was contacted by speeial counsel for the
City of Re,no, Edwin A. Keller, Esq., of the law firm of K¡mer Zueker Abbotf regarding the need for a
neuhal thi¡d party investigator to conduct fact finding into allegations of misconduct against Reno's City
Manager.
On August 29, 2016, M¡. Keller notified JAMS that he had initiated the pmcess of having the
undersigned appointed as the third party investigator charge.d with conducting faet finding into allegations
made by three City of Reno employees of ernpioyment dissrimination, harassment and/or retaliation. I was
furtlrer charged with preparing the instant Report of my ñndings, including credibiliry assessments for
review and considsration by the Reno City Council. On August 3A, 2016, the undersigned accepted the
appointment. On the same datg Mr. Keller advised JAMS that the matter of my appoinünent would be
considered at a special meeting of the Reno Cþ Council on Septønb ur 6, 20ï6. On September 1 , 2016,
Mr. Keller in an email proposed the following language regarding the scope of services to be provided by
the investigator:
Neutr¡l fact findlng âs ¡ &lrd party lnvestigator concerntng allegations of alleged misconduct
by the City Manager and related nllegatione of retaliatory actions, inclusive of any allegations
not addressed in the inltial investigator's report rnd those warranting further facfual inquiry
based on exercise of independent professional Judgurent. Udllzation of frct-finding
techniques, euch as wihess interviews, examination of documentsn and the reviedinspection
of other forms of informadon and tång¡ble items, Preparation of written report detalllng
f¡ctual findings and any credibility tsse¡smenß for submis¡ion to the Re¡o City Council.
In coqjunction with the foregoing in conversations with Mr. Keller and Gregory J. Kamer, Esq.,
also of KamEr Zackrx Abbott, I was specifically inshucted to limit my Report to faotual frndinç aûd NOT
to apply the provisions of either Cify of Reno Polisi€s or applicable Nevada (or federal) law to the facts to
reach legal conclusions. Further, I was given the iatitude to "go where the facts lead you."
II. Eackeround.of Invçstieaflon
The investigation stems from verbal complaints rnade to the City of Reno Huma¡ Resources
Deparünent by the following City of Rmo ernployees ftereinaffer collectively referred to a.ç "the
complaìnantsn'):
made June 29,2016')c
o
I
complaint made July l, 2016)

3. & complaint made July 1,2016
Following these cornplaints, an investigafíon was conducted by Reno atúûmey Alice Carnpos-
Mercado, Esq., ftereina.fter "Mercado-), culminating in a report dated July 21,2016. Affer correspondence
and convers¿tions with counsel for the three above-reference claimants, the Cify Attomey und the Cify
Council determined that another investigation should be conducted. Reno aftomey Bonnie Drinkwater,
Esq., was originally chosen to conduct the second investigation. At some point thereafter, it was
detemined that the undersigned would be appointed to cond.uct the instant investigation.
Dtring this investigation, the following individuals were contacted and/or interviewed (listed
alphabetically):
David Bobzien, Councilman, Cityof Reno
Council
Clinger,
Oscar ofReno
Naomi ofReno
John Gallagher, attorney for Andrew Clinger
Karl Hail, City Attorne¡ City of Reno
Neoma Jardon, Councilwoman, City of Reno
Kelly Leerman, City of Reno Human Resources Director, City of Reno
Mark Mausert, Esq., attomey far claimants
Paul fu{cKenzie, Councilman, Cify of Reno
ofReno
Anthon Vice President of Olive Grove
absent &om the list ¿re the three complainants,
attempts were made to intsrview success.
of emails to Human Reso¡¡rces Director Kelly
Leerman in September frorn uod-indicating their rvillingness to be
interviewed, subject to tle attorney. I have had numerous conversations with their
previous attorney, Mr. Peterson, and their current attomey, Mr. Mausert, regarding this issuc. I am aware
that negotiations were undertaken befween Mr'. Mausert and special counsel for the City (and the City
,{ttorney) regarding the potential ñlfure use of infCIrmation obtained from the intervie{s, as i was copied on
correspondence regarding that issue. I have not injected myself into those negotiations and take no position
as to the validity of aly position taken therein. Ultimately no compromise was reached such that the
complainants' counsel would allow the interviews to go forward. I would note that the tlxee complainants
were intervier.ved by the prior investigator, Ms. Merædo, who summarized those interi'iews in her Report
of July 21,2016.
2

4. The irability to speak made the compietion of
the instant investigation far more challenging. Access to the complainants would have allowed nae to ask
cogent questions regarding their clairns, tc fi.¡rther attempt to seek corroboration thereo{ to request access
to certain documents and personal infonnation they possess and to take normal investigatory steps to
deferrrine facts and assess credibility. Credibiiity assessment is normaliy conducted in one-on-one
interviews or otherwise deterrnined in the existence or non-existence of corroborative evidence.
Additionally, in interviews the claimants would have had the opportunity to support their versions of
events- It is therefore a fair criticism of this Report to aliege that it was completeûwithout having spoken
rvith the very complainærts who necessitated it in the first place.
In lieu of such interviews, I have examined the foliowing just to ûrlly identift the alþations made
bythe complainants:
a Notes of Human Resources Director Kelly Læerman, who took the verbal complaints
(Appendix, Exhibit 1);
e Summary of interviews conducted by Alice Campos-Mercadoo Esq. as contained in her
Report;
e Correspondence from William E. Peterson, Esq., counsel for complainants, to City Attorney
Karl Hall, Esq., dated July 20, 2016, July 2z,2a16"July 26, z0l6,Juiy 2g, ztl6,and .{ugust
l, 2016, with attachmeots, which outline the nature of the ccmplaints (See 7/26/le letter
with attachmelrts, Appendix, Exhibii 2);
e Correspondence ûom Tfilliam E. Pet€rsûn, Esq., counsel for complainants, to Bonnie
Drinkwater, Esq., dated July 28, 2A16, which cites to information Ms. Þrinkwater shouid
have fo conduct tåe investigation.
e CorresPondence from Mark Mausert, Esq., to Edwin Keller, Esq., Speciai Counsei to the
City of Reno, on August 30, 2016, Sepfember 22, 2t76, September 28, 2A16 (described
therein as 'oaü outline of the sexual harassment, retaliation and hostile work environment
problems caused by fomrer City Manager Clinger with assistance of others," but wifh
caution that it "does not constitute a comprehensive list'), Septeurber 29,2t16, October 10,
2016 utd October 71,2A16,
In addition, I have had the following conversations with counsel for the complainants to help
identify their allegations (not an exhaustive list):
o Telephone conference with William E. Peterson, Esq.o counsel for complainants, on or about
September 18,2016;
u Telephone conferences with Mark Mausert, Esq., counsel for complainants, on or about
Se,ptember 78,2t16, Septønber 21,20L6 and October 16,2ü.6i
It must be noted that rvith respect to the summary of interviews of the complainants as conducted by
Ms. Mercado, I ñrlly appreciate that they are not valid substítutes for interviews I tnight have conducted.
However, I intervicwed as many as seven othe¡ individuals who were also interviewed by Ms. Mercado.
On many occâsions, i asked interviewees whether they had in fact told Ms. Mercado certåin things that
were contained in her Report, In virtually every instance, the interviewçerelatedthat they had in facigiven
Ms. Mercado that exact information. It is with that underlying confidence that I ionsideæd c"ttrin
information given by the complainånts to Ms. Mercado as reflected in her Report.
J

5. Therefore, based on the foregoing I believe I have sufficient information u¡ith which to understand
and investígate the claìms of the complainants.
hr addition to the materials listed above, among the many documents I have reviewed during the
course of the investigation are the following (not an exhaustive list):
Confidential Report of Investigation dated luly 21,2tI6, by Alice Campos-Mereado, Esq.
(Appendix, Exhibit 3);
Interview Notes and Harassment Interview Outline from the investigation file of Ms.
Mercado (Appendix, Exhibit 4);
City of Reno Equal Employment Opportunity and Non-Discrimination Policy 603 and City
of Reno Prohibited Discrimination, Harasnncnt and Retaliation Policy 607 (Appendix,
Exhibft 5);
20L6 City Manager Performance Review, ernployee sr¡rvey rçsults (^A.ppendix, Exhibit 6);È
* City Manager Annual Performance Evaluation form, completed by Councilwomaa Jenny
&
s
@
Brekhus (Appendix,
Notes from files cf
Exhibit
o
€
o
Human Resource Dirôctor Kelly Leerman's notes of a conversation
(Appendix, Exhibit 8);
20t6 Exhibit
i0);
Emaíls regarding the investigation from the ñles of Kelly Leerman, Hun¡a¡r Resources
Director;
Human R.esaurces Deparhnent memo &om Keily Leennan dated ,A.ugust 29,2A16, Subjeet:
Rcoord of Interactions with Claimants Exhibit l1
Exhibit 12i;
ø
t
€
I,O of Card use &om Jul 27-3 ztt6 Exhibir 13
Exhibit 14
G Text conversation history befween And¡ew Clinger and October i2,
2At5 to August 7,2t16, Bates numbeled CLI-00208 to CLI-0û450;
are
texts, or strings of texts, if relevant, are referenced herein. ,4.11 of the text compilations
were received from the office of John Gallagher, Esq., counsel for Andrsw Clinger, who requestod that I be
sensitive to such privacy concenß before releasing the compilations in their entirety, I have referffced
Bates numbers for the compilations I reviewed- It appears that the texts were taken from Clinger's rnobile
phone and compiled using a computer application called TouchCopy.
4
6
e

6. @
g
e
e
e
&
s
Tsxt conversation history between Andrew clinger *dlfrorn octobæ rz,
2015 to August 4,2tl6,Bates nurnbered CLI-00451 to CLf-00-SlS-';
Text rnessage &om Mayor Hiilary Schieve to Andrew Clinger dated June 20, 2û16, Eates
numbered CLI-00519 (Appendix, Exhibir l6);
"Staternent &om Á,ndrew Clinger Regarding Alleged Sexual Harassment" dated July 30,
2016, for release to press, Bates ni¡nbered CLI-00520;
"Statesrent by Andrew Clinger" dated September 8, 2û16, for release to press, Bates
numbered CLI-0û521;
Copies of newspaper articles covering accusafions of sexual harassment against City
Manager; Bates numbered CLI-0A522 to CLI-00565;
Cþ of Reno Governance Project Report by ûlive Grove Consulting, July 2016, Bates
numbered CLI-00566 to CLI-00591 (Appendix, Exhibit 17);
Copy of a litigation hold letter hand-delivered by Cify Attomey Karl Hall, Esq., to And¡ew
Clinger on or about July 25, 2CI16 Exhibit 1
Separation ",A.greement betweeri Andrew Clinger and Cify of Reno dated Septernber 14, 2016
(.Appendix, Exhibit 20);
IIl. 4'R.çt¿n.*Å EæcEËg{sua¡4
Througþout this Report, certain individuals and iandmark dates are refened to re,peatedly. It is
necessary at the outset, to give ccntext to certain information, to provide background for tl¡e individuals
and events mentioned herein.
A. irdividuals
As of 2076, Reno was governed by a City Council of seven, which includes the Mayor. Mayor
Hillary Schieve has served in that capacity since 2014. Otheï current Councii members include David
Bobzien, Je'nny Brekhus, Oscar Delgado, Naomi Duerr, Neoma Jardon and Paul McKenzie.
.Andrew Clinger served as the City Manager for tb.e City of Reno since 201 1, before any member of
the current City Councit had begun serving. The City Manager reports to the Cþ Council. In 2016, the
two Assistant City Managers wers Kate Thomas and Bill Thomas (not relatedi, both reporting to Ciinger.
Karl HaIl is the City Attorney for the City of Reno, elected to theposition in 2014.
KellyLeerman Human Resourses Direotar
_Emails and text messages &om the files
I¿ppendix, exhiuit t g);
5

7. Antlony Tansimore does not work for the City of Reno, but is Vice President of Leadersbip Impact
for a consulting company called Olive Grovg whieh was retained by the City of Reno to perfurm
consulting services for the City Council and the City Manager (and his staff).
B. Miles_tane Ðates
Certain dates are referred to by many of the interviewees, and are cenhal to an understanding of the
sequenco ofevents:
@
e
2011 ^- Andrew Clinger becomes Reno City Manager
2012 - Hillary Schievq Jenny Brekhw, Neoma Jordan and Oscar Delgado are elected to the Reno
CifyCouncil
2014 *Naomi Duerr and Paul McKenzie are elected to the Reno Cify Council and Hillary Schieve
v¡ins election to become Mayor of Reno. David Bobzien is appointed to the Council to fill the
vacancy created with Schieve's ascçnsion to Mayor
& 6/21/16 - A Special City Council Meeting is conducted for the annual Performance Ev¿luation of
City Manager A¡rdrew Clinger; each of the Council members made public remarks regarding
Clinger's perfonnance as City Manager, including Councilwoman Naomi Duerr, who commented
on "a sense of fear" arnong female marragers in the City's employ; ultimately, the meeting
concludes with a unanimous vote to renev¡ Clinger's contract for two years, with a 3% raise
6l22/16_AMeotingcalledbyMayorSchievetoincludefstaffforthepurposeof
educating City employees on the City's Sexual Harassment and Retaliation policies
g
@
6
a

8. . 6/29n6 a ve,rtal sexual harassment, retaliation and hostile work environmsrit
to Human Resources
7/r/16 - Irnakes a verbal sexual harassment, retaliation and hostile wo¡k
environment complaint agaimt Clingerto Human Resources
o
o Later the sa"me a verbal sexual harassmenl, retaliation and
hostile work Clinger to Human Resources
t 7/3116 a verbal to Hunæt Resources t,o corobor¿te a portion of the
complaint
7/21/16 - The Investigation Report of Alice Carnpos-MercÊdo, Esq. is forwarded to Human
Resources and the CityAttomey
C
a 7t29/16 .*
offce
-*poÍs
the theft of certain case-related docurnents fromlcitr
9114/16 -.A.ndrew Clinger signs a Separation Agreement with the City¡
C. City Policies
At all material times lrerein, the City of Reno had in place two policies pertinent to this
investigation.
Management Policy ó03, "Equal Emplo¡'ment Opporfunity and Non-Discrimination," generally
ensures that all employrnant related decisions are based on individual qualifications and merit, without
regard to racg cre€d" colôr, national origin, sex, sexual orientation, religion, agg disability, potitical
affiliation, merabership in an employee association, or any other protected-class stâtus under the law."
(Appendix, Exhibit 5)
Management Policy 607, *Prohibited Discrimination" Harassment and Retaliation Poliey," generally
recognizes every enployee's right to work in an environment promoting equål employment opporfturities
free of harassmenl discrimination or retaliation, The policy goes on ûo broadly define and provide
examples of direct and indirect sexual harassment in the worþlace. Further, the policy provides th¿t the
Hunan Resources office and the Cþ Attomey share responsibilities for investigating sexual harassment
complaints and desctibes the procedure for such an investigation. A¡ investigation may be initiated on
eitl¡er an employee's written or verbal cornplaint to Human Resources. Notably Policy 60? provides that,
"Conñdentiality will be maintained throughout the interview process to tåe extent sonsistent r¡rith
conducting an investigation and determining appropriate corrective action." (Appendix, Exhibit 5)
7
A.
IV. I[e Complsint¡

9. On June 29,2A16, a verbal complaint to Human R.esou¡ces
Director Kelly Leerman s notes of the meeting indicate the following:
w€re unawafe presence.
each other in a sexual tryåy."
Furtha',Jomplained more generally thatClinger malces her uncomfortable by stopping at her
workstation. Althougb he does not make overtly inappropriate comments, she feels he is gauging
her approval of him and her potential interest in him.
@
@
sees this as evidence of Clinger's lack ofjudgment and professionalism.
on July 12, 2t16,f** interviewed by Alice Campos-Mercado as part of the initial
investigation of these complainfs (Appendix, Exhibit 3). Mercado's report reflects the following additional
facts ol¡tained duringher interview off
complained that
has been seen to enter Clingeros office and close the door Leerman that she is
unaware of any legitimate business reasûn
the CilyManagor on such occasions.
to be seeing
upset
her anger out on that Clinger cre¿tes such conflicts and does nothing to
resolve them, s ineffectiveness is shorvn by the fact f¡at he has
allowed unqualified individuals (like to "sleep their way into the job they're in." r
e Regarding the May, 2015 incident 't achially see anything
occur between Clinger and heard the rustling that led her ta believe
they were groping one another. She couidn't make out any conversation between the two, but
fr;;
heard what she described as moans and giggling "like of pleasure," which she consbued as the two
of them 'omutually respon4lng_to pleasure." She indicated that this was the only such instance of
any behavior betrveenf *d ciinger that she witnessed.
g She indicated that she had not reported this incident for over a v"*-She was moved to reportfre
I
of the Mayor s meeíng on harassment and afler speaking with
Regarding Clinger's general behavior, she described him as "smarmy" and "flirtatious" and of "no
substaûce." She could not say that he had ever said anything sexually inappropriate to her or
touched her inappropriately at any time.
Further,lt"rA Mercado that she has no knowledge of anyone who "slept their way to the top"
in City g-tot-"nt. $he has heard rumors of a romantic relationship u"trp""nlun¿ ótine;t
but has no evidence thereof, other than what she belíeves she heard in May of2015.
8
*

10. *
the relationship befween Clinger and more casual than professional, and
makes the is the result of the
stress to
tension is rooted in the conduct of Clingeros rurprofessional relationship with
latso told Mercado that while she has seen the
office, she lras no facts to support her suspicion of any improper relations betweõnthe two
Clinger's
ø Wheir asked what she hoped to see from the initiât investigation,Iiodi*ted that she wanted to
see the truth reveaied, and that the¡e might be consçqgggges for the "dysfunctioning dynamic"
affecting the wolþlace. She also wanted Clinger *df held accountable for noidcing their
jobs.
In correspondence dated Íuly 26,20l6,Ettorney William P€terson, Esq., wrote to City
Attonrey Karl Hall regarding the allegations that had been made (Appendix, Exhibit 2). Attached to that
letter was an Exhibit A, de¡g@!-þr Peterson as a report authored-byldescribing acts and conduct
perpetrated by Clinger *dlsome of which were alleged. to iav een retaliatãry in nature once
lrad made a comptain@FCfinger. sorne of the adãitional allegations contained in Exhibit A
include the followino'
û the effect that had on tåe office
that
personal relationshíp with
* I_complained about the manner in which the investigation rvas handled by Cíty officials,
including the fact that City,A.ttomey Karl Hall failed to protect the confidentiality of hår claim by
apgrising Clinger of the nature of the complainllas well as the fact that Eø been the one to
fiIe iÎ. She believes that Clinger told others offiOentity as the complñant, which made the
workplace even more unccmfortabl" fotl
" ffurther complained that she believes the Cify policies require that the City Council and the
Mayor should have been infonned of the complaint, since they ultimately retain supervisory
authority over the City Manager. She believes the City palicies have been implemurted in â
mamer more favorable toward Clinger.
n frecnnmended that be interviewed as a "critical
witness" in the investigation.
B
On Julv
l*aa" u
L,2tl6,
verbal complaint fo Human Resources Director Kelly Leerman (,A,ppendix, Exhibit 1).
Leerman's notes of the rneeting indicate the following:
9

11. e
involved in a
and based oncne another
the fact that many other co-workers have asked her about whether the two are involved in an
affair.
a
Ibeiieves that clinger makes organizational workload decisions based on personai
relationships and not competency or qualifications. She believes there's no accountabitity for
Iv/orr-rerared ml stal(es.
è She referenced the
spent too much time
especiaily there's no business
have interaction with Clinger. She also reports that on occasion, Clinger and
"disappear" for periods of time-
related that
asked to help her deal with Clinger.
romantic or sexual
Ib1dLeermanthatshebelievedCIinger'sincompetencearrd1ackofleadershipcreated
a hostile, ineffective and comrpt work environment. Further, she believed Clinger made
Ithe "scapegoaf ' for af of the inappropriateness.
G
ê
&
On July 8,2016,E"as interviewed by Alice Cnmpos-Mercado a.s part of the initial
investigation of these
facts obtained dwing
"r told Mercado
2015 bstween
Resowces.
complaints (Appg!4Ë.ExhiÞ43). Mercado's reporl reflects the following additionai
theinterviewof-
to her the incident she witnessed in
enc,ouragedlto report it to Human
6
10

12. . Itoid Mercado that Ctinger did nof treat people differently based on gender. She
decried the lack ofArofessionalism and effectiveness in the ofñce, and the fact ttrat certain
m:å$tG"rï,J:îïi"based
on favortism rather rhan comperence. she
. Iconceded to Mercado that she has no personal knowledge to establish the existearce
cf a romantic relationship between Clinger *dI
In an email dated July 2a,zarc,|f,outlined for Leermaû instances of ongoing conduct that
Ibefieved constituted'hostitifiund-reta]¡a,tio!-li4ppendix, Exhibit 3, attached as an exhibit to
-Mercadok
Report of Investigation). In that email,Êfrehted the following:
"This email documents what I have been experiencing in the wake of notifung yow ofñce
of my worþlace environment conditions:
1. The office atmosphere has become
unbearably hostile and tense. I am being oshaeized and avoidcd. isolation is so unpleasant that
I am developing headaches, have difficuþ sieeping, a¡rd am havíng a hard time doing my work. I
no longer feel comfortable coming in on weekends or staying late at night - which I formerly did
regularly and is necessary because of my heavy workload.
not
3. I learned last that there are discussions underw
one has spoken to mç directly. Another staff person who had beeû
me in - sort of as a heads up.
4. Additional staffmembers from several departrnents have also told me
ben me to them, that I am undeseri¡ed and treatment.
frequently fratsndzes
has
office daily) and I know that these are opinions that
conversations,
- I have overheard some
I feel strongly that had the cify's investigative process been conducted confidentially, as the
city policy requires, I would not be experiencing these conditions."
In correspondence dated September 28, 2t16, , Mark Mausert, Esq., wrote to
of a hostile work environment.Mr. Keller of Kamer Zucker Abbott and elaborated on
Some of the additional allegations include the following:
{Þ
l1

13. d
referred to
e Mausert also describes the
hdauserr, oo fuehalf descrio*uf
denigrating remarks and open hostility as wellas a refusal to
as evidence of ãnd also alleges that
ire toward
speak
me on her letter of resignation from the City"
tbe main reason for her "constructive
become a victim of
November' 18, 2A16,
si.ted to hostílify within
Ibelieves he
City ofüces
C.
discharge." She also cited to the fact that she has been'oexcluded &om the secoad investigation" as a result
of the City not agreeing to certain tetms as conditions for her participation.
OnJ 20r6
Resources Director
Exhibit 1). Leerman's notes indicate the following:
Intst concem communicated to Leerman was that she
retaliation
of this angered
so she fears retaliation.
s
¡
at the statonent, at which point and humiliated, got offthe elevator.
- Irelated that Ctinger had made romantic advances on her, and that she had
specifically told hirn she was not interested in a relationship.
She related that in March of 2016, Clinger had asked
says one reason she feared retaliation is that Clinger feats her badly already. She
uses power over women to "keep them down."
described a
to download al application designed to ¿llow for a grorrp
would not later be faceable or recoverable, and therefore not records
not
e
request. Eaid even'yone downloaded it, but that she
toa
12

14. use tbund a new and similar application, called "Telogram," but only
asked download it, along with Clinger. It allowed for texts to
be cofllmulu between those individuals, but had a speoial feature that made the texts
afier being reviewed. Since Clinger
She then begaa to get "flirty andshe acquiesced and downloaded the app.
inappropriate" texts from Clinger using that app. She said she felt compelled to
:ri,i:1,i;mry-,Jff iffi åiii*",#ä#"ï#,.ryää**äi",f,'*ï:
deleted it, she told Clinger that she was martied and didnñT want úû participate in texts or have
him make anymore advances on her.
6
â
o
s
an inciderrt in of 201ó at the Coffee Bar,
Itti"¿ not to sit next to on
this occasion he patted an ernpty seat next to him and urged her to sit there. Feeling awkward
with the situation, she complied. While seated there, Clinger'þut his hand on my thigh and
rubbed his hand up and down several much i than it would take to frel the
fabric." She indicated
I^ritnessedthis
on a subsequent occasion at the Coffee ear,Iæain kied not to sit next to Clingvr,
but again he patted the chair next to him and ínsisted she sit next to him. A.gain, she
acquiesced.
In June of 2016, Clinger received the results of the survey in advance of
his annual performance evaluatian. He they felt abcut
his performffrce as Cify Manager, and seemed depressed by some of thc responses to the
survey.
After úe City Council meeting on June 21,2t16, when Clinger's contract with the City was
renewed for two additional years, Clinger had a meeting *ithlwith no one else
present. He told her, "I will be here two more years and I will find out who is bad-mouthing
me to Council æ¡d I will take care of it."
ê
Council,
On July |L,2016,
investigation of these
facts obtained during the interview
I
IindicatedCouncil members. S
that only rnale are allowed to talk directly to
he said Clinger forbidden female talking to
was intørviewed by Alice Campos-Mercado as part of the initial
Exhibit 3). Mercado's report reflects the following additional
came to her with Mercado primarily prepared to discuss the ¡etaliation
Regarding the ineident
Is*ru slrËL'u
in the elevator Clinger,
not view this in a sexual märnçr. Rather, she felt
not respected by Clinger in front of She told Mercado that Clinger is "a
caring n1añ," and he o'genuinely
cares" about his employees. Later in the interview with
@
13

15. Mercado
him."
,Iindicated. that Clinger doesn't care about her, and that "if's all about
emaii to Mercada
but rather was looking
and legal allegations I brought
6
i}
s
ç
s
Regarding the rneeting qt-the_ÇgfFeË Àar when she alleges clinger rubbed rro t"g,I
indicatedihat shç utkäIwho she told about the incident, not to t€portlt as;h-;
prefened to handle the situation on her own.
Regardingthetextingapp..Telegram,''faddedthatwhenClirrgeraskedhertosend
a photo of hersel{ he did not indicate that it should be ûude or sexual in nature. She could not
identify what was in the sexually inappropriate texts he her and his
texts were uncomfortable for her when she received them
I*ld Mercado that Clinger looks at her in â way that makes her feel uncornfortable
and that he once told her that her skirt was "distracting." She offers that men lnve heated her
disrespectlìrlly before, a:rd that she feels responsible for Clinger's behavior.
describd the relationship between Clinger and extremely
personal, but indicated that she doesn't know if there is (or has been) a sexual relationship
betwesn them, She reiated that at tines they looked af each ot.her like fhey're "in love," and at
other times they fight "like when parents aren't getting along."
the
While sriticized fhe manner in which Clinger she also told
Mercado that the decorum and at the Cify s1nce
When asked by Mercado about indic¿ted that she
knows of no facts to support a contention eüy unproper existed befween
she observed that no such existed. She noted that
€
ffi ;::rîå:lffi Jri,"'""trå*"iffiî*''#ff :''å:îätH#'i:i""î,;acknowledgernent of work performance, clarity of directioa and a shift to values and
following processes,
On July 12,2a16, the day after her interview,Isent a follow-up
(Appendix, Exhibit 3, attached as exhibít to Mercado's Investigation Report). In that
tells Mercado:
not rù/as
'oI never intended to be a of the sexual harassment
l4

16. forward to a few of the highest pawers in our organízatioa (City Manager, Chief of Police and City
Attorney).
It is my under:standing that the original sexual harassment complaint was filed by someone
else and now your limited scope and my ancillary stories of potential retaliation and hostile work
environment concsnÌs has landed me a prirnary spot in a sexual harassment investigation, which
was never my intent."
In the to state that she is most disappointed in the City Manager's
. She also directed Mercado's attention to a
On July20J0_l_É,Mercado conducted a telephonic
rruuul !"'i'Ërjtüil.íìarJ scn. suggesi:ve E-qxE:- rû
follow-up interview with She asked
responded that she had
participated in one msssage. 'lVhen
asked who initiated it, indicated that she felt the
need to send the text because Clinger was so unresponsive. asked to continue the
conversation with Mercado only if some else was preseirt. No other questioning took place. The text
messages, as referenced by Mercado a¡id attached to her report, include the following exchange during
January of 2A16, while Clinger was on abusiness trip in Washington, D.C.:
[January 2A,9:23 p.m.]
I Are u asleep?
AC: Not yet
I fust saying hil Mssing youruglymug!
AC: Haha sure you do.
Party time since I"m not there
I lv1ean it! Right now míssing u. Party has to be with u.
On my way
Get me a roon?
Room?
AC: Lol I'll bookit
I U***-....Sounds possible. Work frorn plane and. surprise visit. What would I learn from
the conference? How to sleep in aroll awaybed?
AC: Not sure you'd learn much from the conference
I nrer" are things you would teachme. I need a coach.
AC: I'll be your coach
i5

17. I am imagining it now. I could leam from u.
(Appendix, Exhibir 3)
In correspondence dated Juiy ?.6,2016,
because of
City Attorney Karl Hall regarding the
r-üXI êXcr:iaÊg"a ,r*rrrr"*
I*O
attonrey lVilliam Peterson, Esq., wrote to
made (Appendix, Exhibit 2). Regardingallegations that had
Clinger, Peterson wrote:
has admitted that she initially participated in a ftirtatious exchange
communicat*d by the Cify Manager, as manifested by the obvious success
participafion in a flirtatious relationship with the City Manager is a condition to
success under his adminishation, if you are female."
wrofe to
1n
In correspondence dated october 10, 20r6,Iafiorney, Mark Mausert,
City Attorney Hatl regarding the allegations made by ãTffiã. Regarding conduct by
response to Clinger's alleged ådvanceso Mausert wrote:
is a very bright woman and saw that the only way to ftnction well, and be
safe, was to stay in Clinger's good graces. And, the best way to do that was to respond to his
predatory advances in a way rvhich did not alienate him- It is the ciassic conundrum faced by a
woman who is conftonted with sexual predation.,'
On or about July 29,2t16,
-'"ported
tha.t a mnnila envelope with a of materials
related to her complaint again.q¡ Clfuger was opened, ærd the materials stolen, from her
credenza. Only the empty e,nvelope rernained.
V. [nvesÉ{Êatoqy luterviewÊ
Dwing the cou¡se af this investigatíor¡ interviews were conciucted with a numbsr of individuals
(see Section iI, above) either in person or telephonically. The interviews were not recorded.
At the beginrdng of each interview, I told the interviewee that I had beør engaged by the City of
Reno as a neutral fact finder. The neuhality was based on the facttbatl was not a Reno resident and knew
none of tåe individuals involved in the case. A,s a fact finder, I was tasked with determining relevant facts
surrounding the complaints made against the City Mærager. I told interviewees that I was given the
latitude to make credibility determinations.
For each inçerson interview, the interviewee was glven a one-page form entitled "Introductory
Çgmyents and Requests." (Appendix, Exhibit 21). Edwin Keller, Esq., of Kamer Zucker Abbott, provided
tlris form to me, attached to an email dated September 21,2016. It includes a Limited Confidentialþ
Request a statement regarding the prohibition of any retaliatory conduct and a final section with the
heading, oT'Ic
Guarantee of Complete Confidentiality."
For telephonic interviews, i either gave
^recitation
of the contents of the form or read it verbatim to
the interviewee. All of the individuals I attempted to interview decided to go forward with the interviews
after receiving this form.
I6

18. The following are summaries of the intflïiews I conducted in conjuaction with this investigation.
They are not chronological. Rather, I have made every effort to present them in an order that provides at
least some context to the issues presented.
4.. A"ndrew Clinger (interviewed September 27,2Q16)
On September 27,2016,I met with Andrew Clinger at the office of his attorney, John Gallagher,
Esq. I explained to Cünger the purpose of my interview and shared with hìm the Introductory Comments
and R.equests form referenced above. Clinger readily agreed to speak with me. Mr. Gallagher was also
present for the interview, but never sought to direct my questioning or suggest ansrysrs to my questions. I
was allowed firll access to interview Clinger, and the only time Mr- Gallagher intedected was in response to
a question that may have implicated Clinger's attorney-client privilege.
Clinger told me that he became City Manager for thc City of Reno in 2011 affer serving for six
years as Nevada's State Budget Director. Prior to that, he had worked in the State Budget Ofüce, in other
positions, since 1997. He was first contacted for the Reno Cþ Manager position by then City
Councilwomen Jessica Sferrazza. He saw the position as a new opporhmity to do something diffcrent and
therefore pursued it.
Clinger said he's still only partiaily âware of the nature of the claims that have been made against
him. He was interviewed by Alice Campos-Mercado as part of fhe first so he has some
awareness of what has been alleged. He acknowledges that City ernployee
copy of a letter dated Juiy 26, 2A16, written by William Peterson, Esq., then attorney for the three
complainants, which not only outlines in some detail the allegations made by his clients but which aiso had
aflached to it an outline of complaints prepared bvlClinger said that even as of the date of
our interview, he had not read any of those documents. Instead, he saíd that upon receipt of the documents,
he immediately forwarded them to his attomey, Mr. Gallagher.
Clinger described the atmosphere within his administration as professional and said he never heated
women differently than men in his office, He said th,at an allegation that there existed a"play along to get
along" mentality âmong female employees is "completely ridicuious" and unblre. He said he never
operated that way as City Manager.
City and her
Clinger said his relationship with
or romantic relationship existed between
was 'þrofessional only." He denied that any personal
said he
He was
tu/o
Clinger was asked about the text rnessages &om January 20,2AL6 (quoted above in Section W(C))
between i,* ä¿IHe indicated that these texts were ãn his r*$dàr cell phone texting feature and
not on any other texting platform like Slack or Telegram. Regarding this text
was in TVashington, D.C., on Cify business at the time when he received the texts
"caught offguard" by the somewhat suggestive nafure of the texts, which Clinger construed as
Ciinger said he had
occasion after tJris,
"semi-clothed' photo was sent using the
text has not been preserved, since the nañre of Telegram is such that texts dísappear after being read,
17

19. Clinger said the neither the texts received while he was in Washinglon, nrr the photo text
were invited in anyway.
Clinger said that any alþation that he made any romantic or sexual advances on
"absolutely'o untrue. He provided me wíth a printed history of all text messages befween he
from October 12, 2Q15, until July 22, 2016. He indicated that he purchased his cmrent cell phone in
October of 2015, which is why the text history only goes back that far.
that Clinger touched her leg
in Clinger ge,nerally recalls the
have found a chair next to him sit in if, she
next to
meeting, said,
o'it never e¿er." He also understands that this conduct is alleged to have been witnessed by
said the allegation is unlrue.
Clinger is also aware that has alleged that he touched her neck inappropriately in an
elevator in March of 2Aß. Clinger said there's "no way" he touched her neck in the manner she
He acknowledges that he told Mercado that he recalled the occasion but did not
reitErated that during ow interview.
he
mid-Mav of 2016
ro.Ito
was late for the meeting. I{e doesn't ever recall patting a seat, and demanding that
him. Regarding the allegation that he touch€d her leg one or more times duriag the
Clinger said that in late July
potentially the victim of a thef¿ &om
rqlort. Clingerwas unaware of what
of201
items
was
file a police
wsre
said he's aware that has been implicated in the allegations. He
said werô rumofs rn the office about a relationship
Regarding his relationship with acknowledged that it
is different than his relationship with "an honest
relationship, ' such that he knows "she'll be real with me." He said it has never been a romantic ç¡ gs)fllal
but he is awme that rumors of such a relationship existed in Cify offices. As as
given him inforn, atìon that she'd heard tlrose rumors
Clinger "blew it off' as idle talk among employees.
Since there has never been any t¡rye of romantio he said
that allegation that they were
o'groping"
one another absolutely
unkue. He said it's o'completely made up. It never happened." to prove
an event nevef
attorney's office about a week after ou¡ interview.
occurred, but he is adanrant that no romantic qglgltqqüp has ever existed befween he and
I requestád Clinger's text message history witnlüyrrich was provided to me from his
I
said that

20. CIn her romantic relationship with Clinger, or that the
was nIeìther getting or keeping that position. He also
denied that her provided her with any preftrential treatment, although he
conceded that he considered that
o'she's got my back" as a result of their honest relationship.
recalled
denied that he told that the charrges, sincelwas ângry
wit} Clinger said
said he told
1S AWAre and
anger from eitirer.
both Clinger 's awâre
Clinger said he had several meetings with the cowse of the next
ferv months , to try and ameliarate the issues with Cünger and He said
she had to be able to comrnunicate professionaJly with
Clinger was also aware of the effect anger and resentment ryas on
wlio told Clinger that was had also heard rumors that
ciaiming to be overivorked, so Clinger net with lto ask her about it
directly. 'wâs no such issues. our said that he
lied to accommodate and said
lryAS Frilrr¡iEn
In February of 2016, Clinger introduced a new
Clinger had learned about frorn his brother-in-law. He
to staff called Slack that
said the app
on their phones. ,A.ccording to Clinger, Slack would allow texts befween those on thc nstwork to be
"secure." He did not indicate that there had been aay prior issues with texts between City staff membsrs
not being secure. Clinger said use of the app "TtzzJed outo' in a short time, sinee Siack was apparently
cumbersome to use.
19

21. Shortly thereafter, in March af 2A16, Clinger found a second text platfonn called Teiegram. It was
less cumbersome to use than Slack, so Clinger e it before introducing it to the
entire staffl, He downloaded it and asked only to downlcad it with him. An
irnportant feature of Telegrarn is that texts, once and can't be recovered. Clinger said the
three of them used it for a month or morô. It was using this app that Clinger said he received a suggestive
photo ûo*Iwhich of cowse can no longer be retriáved. Clinger said he uuderstands oow that
using such an application while aprominent member of Cify gover:rment is inconsistent with hansparency.
He also understands that it lools even worse because of the allegations fhat were evffitu¿lly made against
him. Hebelieves that the combination of a casual worþlace, a private text platform and a more casual þut
not romantic) relationship
made.
leave him open to accusations like thc oncs that have been
On June 21, 2A16, the City Council held a meeting to consider Clinger's annual perfonnance
evaluation and vote on whether to extend his contract with the City.
Prior to the meeting, City staff employees were given the opporfunity to complete ar¡ atronymous
survey evaluating Clinger in a number of different categories (Appemdix, Exhibit 6). Clinger had seen the
results of the survey and considered them overall to be positive, although there were areas of his
performance that might be improved.
During the June 21 public meeting, each member of the Council had the opporfunity to comment
publicly on Clinger's performance over the past year, Many of the comments were positive, but some
offered areas of critique. Councilwoman Naomi Duerr commented on sensing
r'frâr" ¿lmong some female
mânagers at the City when discussing Clinger's performance. Clinger said he had no idea what Duerr was
talking about and no forewarning that such a comrnent would be made. He had no information of any
female managers in fear of him. He believes he reacted visibly whon Duer¡ made the comment, because he
recalls someone immediately texting him to keep a "poker face" as he sat on the dais during the meeting.
Clinger said there was nothing in the eurployee surveys that hinted at any fear or harassment of fernale City
rnânagers.
On fhe following day, June 22,2016, the Mayor hastily called a meeting
the City's sexual harassment policy. Clinger was in
Councilwoman Duerr, which Clinger thought was particularly odd. On the
commerfs the night before, Clinger thought that perhaps Duerr had t¿lked to the Mayor and
told her things that provided the impefus for the lune 22 meeting. Imrnediately foliowiag the meeting,
Clinger said the Mayor told him that Duerr 'told me things about yor"r, and if they're true it's very
disturbing." Beyond that, úe Mayor gave Clinger no specifics.
That aftenìoon, Clinger met with Human Resources Director Leermar! her if she knew
who
same
hours at
Duen's to Duerr of Clinger's sexual
Apprroximately one week later, made the first complaint to Human Resources.
Clinger said that City
of the complaint and
ret¿liate against
Karl Hal of the füst complaint including the general nature
as the complainant. Hall told Clinger to "be
thougbt that the only complainant was
caleful," and not to
lHan did nor
inform Clinger that
some
also made complaints against Clinger,
2t

22. On or about Julv 13. 2016.
fcliFr-"i¿Mercaão
Clinger met with Alice Campos-Mercado to be interviewed as part of
Mercado asked questions about y actionable conduct against
repeatedly told him not made a complaint against
him. He also said that he 1eft the interview unal¡/are made a complaint against him.
On or about July 20, 2076, Clinger was told by Clty,A.ttomey Hall "good and bad ne'ws." The good
news was that Mercado was going to find no violation of City policies by Clingø'. The bad news was that
given the allegations made in a letüer Hall received from the cornplainants' attorney, they rnight have to
r€new the process and begin a second investigation.
Clinger said he understood by August or September that he could no longør mânege in the Cíty,
glen the allegations and the afinosphere among ernpioyees. He believes hc was forced out ofhis position
as City Manager and had no choice but to leave. He said it was (and rmrains) his inclination to vindicate
himself with respect to the allegations made against him, but he said that if he foueht the allegations at a
public hearing, it would divide the City to ân evsn greater extsnt, even if he were ultimately successfirl.
forced out, Clinger said he believes it's an effort" between
Duen'and
Clinger recalls that he hired a consulting firm called Olive Grove in the spring of 2016 to look at
communication between the Council and City staf{ including the Cify Manager. Interviews were
conducted and the chief consultant, Anthony Tansimorg told Clinger in May øf 2016 that there were three
Council membsrs against Clinger because he was a Republican. Taasimore told Clinger that
Councilwoman'oDuerr is out to get you." Tansimore didn't put this information into his report but strongly
suggested cancelling aplanned rekeat with City staff and the City Council because of the animus of certain
Council mernbers toward Clinger, as uncovered by Tansimore. Clinger ended up cancelling the refreat on
Tansimore's advice.
As tc the "organized effort " Clinger said that he's awarelhat Duerr met r"itt lprior to
the filing of her complaint and he believes Duerr encouragedlt -ut* attegêtio,lsãgainst
Clinger. Clinger said he had a lunch meeting rvith Duerr on June 28,2-016(the day before his performance
evaluation by the Council), during which Duerr spent most of the time talking generally about sexual
harassment (without mentioning any names). Clinger believes that other Council membeß may also have
spoken with the complainants befure or dwing the fi¡st investigation period.
wanted him out as Cþ Manager and wanted herClinger said
believes that both
that
2t

23. probably thougtrt that the Council might remove Clinger during his when that
told him that
Further,
the conspiracy to
have Clinger removed. According to Ciinger, "everyons lcnows about
In addition to the materials already described, Ciinger's attomey also forwarded to me a copy of a
text message Clinger received from Mayor Hillary Schieve on June 2A,2t16, which is the day before the
Council met to discuss Clinger's performance evaluation (Appsndíx, Exhibit 16). The Mayor's message
quoted a text that the Mayor had sent to Councilwoman Jenny Brekhus and Councilwoman Naomi Duerr.
That text read, in pertinent part:
"As for Andrew's contuact I am not going with a temporary contract. Jenny again trying to
make this council completely unsettled and you rnark my words this will backfire on her. Agaín
Jenny is out of line. Andrew doesnot deserve this treafrnent and I am not going down any witch
hunt path with her."
Shortly after my interview with Clinger, I contacted Kamer Zucker Abbott and requested to be able
to interview the msmbers of the Reno City Council, including the tulayor.
B. Ca-!¡ncilwoman Naomi Duen' (interviewed October 1 9, 20 1 6)
Naomi Duerr was interviewed at her home ín a rvide-ra¡rging conversation iasting more than four
hours. At the outset of the intervierv, she was concerned about the confidentiality of the process. She
reviewed the confidentialify handout that i provided, which was prepâred by special counsel for the City.
She was concerned about potential retaliatíon &om former City Manager Andrew Clinger, who she says
began actively working with Councilwoman Jenny Brekhus' campaiga opponent. Although she expressed
some reluctance to speak with me initially, she ultimately decided to go forward with the interview.
Duerr was elected to the Reno City Councii lr;r2014 after years in both the public and private secúor
as a maûager of several entities.
Council and says she met Clinger
She didn't know
plenty of conversations with male
no direct contac't with
conver€ations with
said she
Council members and female stafi as tåe "ctne
staffrnsmb"*,
female staff members. She notes tlrat she had few if
well until after she was eleeted to the
before the
Duem lack of communication
of silence." She approachedld.irectly
her talk to Council members, and that she feared
general election in 2û14. She dessribed Clinger as "a nice gut'' who got nothing donE which frustrated
her. She describes herrelationship wíth Clinger as generally "cordial but unproductive."
Duerr disagreed with Clinger's management stylq which she described as ioeffective and
inefficient. She said he wanted every communíoation between the Council and City stafT to go through
him, Cou¡rcil members would tell him what they wanted dcne, he'd tell st¿ff members, they would respond
back to Clinger, and Clinger would respond to Couacil. Duerr found that process cumbersorne and
ineffective. She just wanted to be able to go to the source to obt¿in infomration.
Additionally, Duerr began to notice that female staff rnembers didn't talk to her or other Council
once and was told uv Ithat Clinger won't let
22

24. being fired if she talked to tLem. Based on her conversations, Dueü believes this was limited to fanale
managers and is evidence of how lryomen were teated in the worþlace under Clinger.
Duerr said Clinger could be "caustic." She related a lunch meeting with him, whe¡e he told her she
was micro-managing him. She said his comments were disrespectfirl and hucfi¡I, ând "you don't talh to
your boss that way." She wanted to follow up with him to show him that his exampl.es dicl not constitute
micro-management, but ultimately did not.
However, Duerr said that she has never directly wiüressed Clinger treating a woman disrespectfully.
Duerr was in attendance at the June 21, 2Q16, City Council meeting to discuss Clinger's annual
performance evaluation. She had not filled out a wriften perfonnance evaluation, as Councilwoman
Ërekhus apparently had, even though she said Brekirus "begged me to," so that Brekhus wouldn't be on an
island at the meeting.
Duerr described a number cf events that occurred prior to the June 21, 2Aß, City Manager
performance review.
On June 1.3,2016, Duerr said she had a meeting with Clinger to discuss the cancellation of the City
retreat, which had been planned as part of an unveiling of the Olive Grove consulting report. Duerr had
spoken with Anthony Tansimorc of Olive Crove during the consultiug process and admits she told him that
she was one of several Council members 'rnhappy with Clinger's perfbrmance as City Managø. At the
lunch meeting with Clinger, Duem asked why the retueat was cancelled, and was told by Clinger that he
simply got a text saylng it was cancelled-
Dueff also acknowledged that in early August of 2016, after she had reviewed the Mercado repoft,
she had another convcrsation with Tansimore at Olive Grove and told him about the clairns against Clinger
(without revealing any names). She also told him she thought Clinger had "a l0lo chance" of surviving as
Cify Manager.
Prior to the June 13, 2016,lunch rneeting with Clinger, Duerr had reviewed the results of the
a¡ronpous employee surveys and noted nothing that would suggest any issues of sexual harassment
among City staff. However, she noted that Clinger's performance soores had dropped in 26 of 30
categories and she generally discussed the survey results with Clinger dwing their lunch. She said Clingu'
was worried about being ñred, but Duerr asswed him she wasn't ready to fire him.
2At6, Duei'r had a meeting *ith-who initiated it. Duerr said it was
16 meeting, Duerr said was
and he appalently didn't care.
23
She had advised Clinger

25. According to Duerr,
ultimately be fired.
She
was afraid that if she made a huge issue
said that at this meeting, fdro
"f can't talk about it."
she'd
refi¡sed to disclose why she was
Duerr wasn't entirely clear during our interview just how
ùne .oougnr pernaps Iïolo ner ooorr, !told her this
and may have said, "Lots of stuffhappens there, but I can't
" Duerr said that at this meeting, she didn't know exactly what was happening with
concluded thåt something must indeed have been occurring that upset her. Due,rr believes
go to Human Resources if she was having a problem, During our interview, Duerr
said she could not recall if told her at this meeting that Clinger had sexually haræsed her or
touched her, but agreed that if she had heard that information that she wouldove addressed it immediately
Iater Duerr said she had lunch with discuss thef
Duerr said she rasn't meeting with female to find arnmunition to use at
review. Instead of discussing the kept
evön Duerr didn't wanf to discuss hin with talked about
Duerr that
to "go offon Then,
to Duer, turned her attention to Clinger repeatedly said, 'ol'nl done him." this luuch
reinforced Duerros idea that Clinger didn't treat female manâgers with respect.
Duerr said that she has no direct knowledge or eyidence of a romantic or sexual reiationship
between Andrew Clinger *tdfbut s$a numbør of city employees have asked her about it.
She "speculates" that it's a comfortable relationship, "maybe sexuål and maybe platorúc," or "maybe iike
brothei and si$ter," b¡:t in any event very infonnal in nature. She believes that Ciinger has shownl
sign:ificant favoritism in her employment with the City, which she believes has had a negative eFtect on
City staffmembcrs.
said she also üalked to-prior to Clinger's performance review, but lhat
was '?ery guarded" and didn't give Duen much i.nformation. Duerr said she didn't know
well at the tirne, but said her guarded nature lends additional credenee to her theory of how
Clinger treated female mâng€,ïs (i.e,, making the¡n reluctant to talk to Council members).
Duerr denied having a meeting obtain infonnation on Clinger
In preparation frr Clinger's per{ormance evaluation on June 21,2t76, Duen also had conversafions
with other Council members. She t¿lked to Cormciiman Paul McKenzie on June 20 and said McKenzie
had "dee,p concerns" about Clinger (but not as deep as Duerr's). She also spoke with Counciiwoman Jenny
Breklus, who wanted Cünger out based on issues she'd had with him for over e year. She kied to get in
touch with Mayor Hillary Schieve, but was unable to arrange a time for them to meet. She recalle-d
receiving a text from Mayor Schieve about trying to avoid a'lviteh hunt" at Clinger's review.
At the June 21 Council meeting, each of the Council members had the chance to publicly comment
on their assessment of Clinger's performance. During her cornments, Duerr made the following statemørt,
referring to the anonyrnous employee survôys:
"There's a sense of fear I've sensed in some of these comments; I'm ill intuitive person, so I feel
sfuff. I really think those are some areas that need some focus work. I'll even say this: especially
24

26. in the area of femalc managers. I'11 just put that out there. I think, I shouldn't really say that, I
don't really have date about that. Þfaybe I'm sensitive to it, being a female manager * maþe over-
sensitive to it. But if there's ær opporfunity to work on that, that's an area to work on"
Duerr said she made the comment as a result of all of her pnor convcrsations with
and She also referenced
another female manager who was not allowed ta speak to Council members
Duerr said fhat her camment was not addressing issues of sexuai harassment; rather, it rvas simply about
female managers not being able to talk to the City Council.
Ultimately, the Council unanimously renewed Clinger's confact during that meeting on June 21,
2016, Duerr said she voted in favor of it because she knew it would pass, and she didn't want to be "on a
political island" having voted unsuccessfirlly to oust the City Manager.
attended a special meeting called by Mayor Scbieve to address with the
the City's sexual harassment policy. Dueff told me that althougþ this
was called and place the day after her public comments about fernale managers being in
"fear," the rneeting had nothing to do with those comments. Duerr said that tJre Mayor called tåe meeting
based on three íncide,nts having occurred over a short of time: 1 an incident involving an
inappropriate text having been sent by
that the Mayor told her about this
reported
to
Clinger touched her
inappropriately. The Mayor concluded fhat there could be serious issues that needed to be stffrmed
immediately and therefore called the rneeting.
Inmyinterview,Due,lrrecognizedttratifEavingbeentouchedbyClingerwasoneof
the reasons f,or the Jtme 22 rneeting as told to the Mayor by Duerr herself, then she must have had that
knowledge bcfore lune 22,2016. Duerr said that perhaps
-told
her 'ovaguely'' about sexual
harassment dwing their June 16 meeting.
The June 22 sexual harassment meeting was primarily coaducted by City Attorney Karl Hall. Duerr
said she attended the rneeting only because Mayor Schieve wanted her to be there. She said she felt
uncomfortable being at the meeting.
.{bout a week later, Duerr was told that a conrplaint had besn made. She åssumed it was
that made it, because I had been ¿nd Duefl had told her to go to Human
Resources if she had an issue. TVhen Duerr was told that she told
me that she dídn't realiy know who that was. She thought
employee. Duerr never talked to
labout filing a complairt before it was filed.
Duerr
'w was
members on
as
made complaints, but she wasn't told
July 19, 2016. Even at that time, Duerrformally until
discussed with Hall the fact that Ciinger needed to be on administlative leave during the investigation, as
Dueff was fearful of retaliation against the complainants.
Duerr describes "thtee ethieal,
1ryomen." She also said that she didn't know
and
ol' well. She had met
z5

27. beforc Duerr was on the Council as they both were involved
Duerr said Hall briefed Council members on July 2A,zrc. That briefing included intbrmation on
correspcndence having been received from lI/illjam Peterson, counsel for the compiainants, as well as the
fact that the first investigation report by attorney Alice Campos-Mercado would likely absolve Clinger of
all wrongdoing. It was Hall's opiníon that a second investigation míght be necessary. Duerr said that was
the first time she'd even heard about an investigation being done by Mercado. She believes Hall didn't
reaJly take the allegations seriously, saying things like, 'oit's just a leg being ûouched."
On July 21,2A16, Duorr attended an already scheduled lunch meeting with Clinger. By now, Hall
had briefu her on the status of the investigation. Duerr told Clinger that she was awâre of the claims ard
hoped the investigation would go well so that everyone could rnove f:orward. Duerr said at that pcint
Clinger "goes ballistic," proclairning his innocence in an aügry outburst that lasted nearly an hour. Duerr
desoribed him as 'ofu.rious." No compiainants' Iurmes were mentioned, but Clinger threatened vengeance
against them, saying things like, "they're evil," and "they'l| payi' He told Duerr that it's a conspiracy
against him, which he declared ¡'as a felony, and he vowed to hold them account¿ble. Dueff said that
went on to like,'?ayback's a bitch,* and
Duerr explained that she was at
down. She told him he shouldn't be at work aud should take a few days off. Clinger agrcedto do that.
But the
also saw
22,2016, Duerr saw Ciinger al a City firehouse dedicaiion event. She
as she spoke with Councilwoman Neama Ja¡don and Mayor Schieve.
Duen beeause Clinger was there. That aftemoon, Duerr said she had a
conversation with Karl Hall and relayed to him Clinger's lunc.h conversation with her, including the threats
about taking revenge. Duerr's message to Hall was that Clinger ûught not to be in the office. Duerr s¿id
Hall told her that Clinger hacl made the same type of comments to him.
Regarding Clinger's ailger, Duerr said that if someone made a false allegation against yor:, that
complainant needed to be dealt with a¡rd probably fired. But if there's an honest belief that something has
hap'pened to you, even ifnot substantiated, Duer emphasized that there can be no ret¿líation. She said that
Clinger needed to examine his behavior to determine what led to the complaints being made.
Regarding the fact of a possible conspiracy to get rid of Clinger, Duerr seems surprised that anyone
would believe that it occurred, She speculated that gìven the timing of the complaints, Cify staffmembers
may have been waiting to see what action the Council might take at Clinger's per:formance evaluation
before acting. Once the Council renewed Clinger with a 30lo raise, Duerr says that 'broke the dam" aud
caused staffme.mbers to take matters into their own hands. She also noted that the cornplaints came shortly
after the Mayor's lvne 22,2016, meeting during v¡hích employees were encouraged to come forward if
they had been subjected to sexual harassment or retaliation.
Duem said she "believes the complainants 10070." She also believes that Clinger thinks he did
nothing wrong. She said that it's just part of his makeup to treat ïyomÕn a certain way, and that he has no
recognition of the effect it has on them.
Duerr believes that the fact lhat
than sexual harassment þven
She believes that
Clinger's conduct, given the 'þlay along to get along" atmosphere in Clinger's administration. She also
púurleo ,o Ioeurslon ïu urge Inono ,"pon tne roucrì.ulg mcroenL. ùuerr beileves rms
26

28. goes to of
with an
because only the latter invites comment on
thought that it's easier for others to
than an allegation of sexual harassment,
to it.
She feels that
Duerrsaidshe,sseenthetextexchangeb.t*.*nfandClingerduringC1inger,sbusiness
hip to V/ashington, D.C. She's aware that thq Mayor was in Mashington with Clinger at the time and was
shõwn the textã by clinger. Duerr thinks thutlwas just *""king attentionãom clinger whe.lr she
sent tbose texts, which she felt she had to do to get along. Duerr doesnot know if there are other texts
between them.
Like up the possibility of an inappropriate relationship betwear
Sbe said she has no evidence ofsuch a but believes
she has no reason to be. Duerr believes also has to
Duerr said that she read the Mercado report in eariy August, and that it her to tears. She
said it's "basically life at work for a woman who's a ma$ager," and
Duerr said she cried to Hall after she read it. 'oThis is how it is to be a woman maoåger,"
.Among her fellow Council members, Iluerr theorizes fhat Councilman Oscar Delgado likely does
not believe the claimants, based on cultu¡al reasons. Altematively she believes that Delgado would find
the cornplaints to be relativeþminor.
Duerr said Councilwoman Neoma Jardon thought that tle allegations were not that significan¿
which Duerr Jardon has a in Human Resources. Duerr told ms that
lne, l,î¡afi 's mind
about the significance ofthe allegations.
Ðuerr believes that Mayor Schieve, Councilwoman Brekkus and Councilman McKenzie all believe
the complainants' version of events. She canot predict whether Councilman Bobzien believes the
complainants.
Ðue,rr said that Ifeets guilty for "enabling Clinger." She said ,hutlir'l
now marshaling wiftresses to try to proteet Clinger
Overall, I found Councilwoman Duer to be passionate about her beliefs a¡d &rvently supporfive of
the complainærts. It appeared that given allegations of a conspiracy to rernove the City Manager, she was
reluctant to admit that she knew about certain complaints before they were made.
C. Councilq/oman Jeüny Brekåus (interviewed October 20, 2016)
Ienny Brekhus was elected to the Reno City Council in 2A72. She had worked for the City as a
planner in the Community Deveiopment De,parlment from 1998 to 2Aü9, and then worked in the privafe
sector as a consultant fiom 2009 to 20L2.
27
and

29. Brekhus did not know Andrew Clinger until her first day on thc Council. She said she initially gave
him a f¿ir shaks as City Manager and noted his experience on budgetary issues. Howevet, she quickiy lost
faith in his abilities. She said he favored the older, more experieíced Council mernbers as well as the
formermayor.
Brekhw pointed to a fiscal "blundet''lnZA14 regarding the layoffs of Reno City firefighters based
on what was termed a budgetary shortfall after the non-renewai of a federal gant. It was latsr discovsred
that budgetary en:ors fâiled to uncover a multi-million doilar surplus that would have made the layoffs
urtnccÆssery, Brekhus said this was ooe of the instances that made her lose faith in Clinger's ability to
manage the City.
Brekhus also noted that Clínger had no experiønce in the issues that face a growing city like Reno.
By 2074, Brekhus became convinced that Clinger was not qualified to be City Manager and was
overwhelrned by the task. She believes Clinger eqjoyed tbe stature of being City Manager ("the trappings")
more than he enjoyed tackling the issues.
Brekhus was in attendaoce at the June 21, 2A16, City Council meeting to discuss Clinger's annual
pørformance evaluation, She was the only Council member v¿ho filled out a written performance
evaluation, which noted a number of areas in which she found Clinger deficient in his perfiomranee
(Appendíx, Exhibit 7), She noted that he ooneeds
to work to foster cooperation among the members of
Council-" Also, ool
aür concemed tbat Mr. Clinger is not providing the needed leadership to the deparftnent
heads about where they should prioritize their efforts." And, "Follow through seems lacking on some
Council directives, particularly those which may be of â rnûre complicated nature." And finally, " Mr.
Clinger is not managing the organization il an optimal manner to address the growth and dwelopment we
are facing." Her evaluation noted Ciinger's honest and forthright nature, although Brekhus indicated
during her interview that she didn't rcalize at the time th¿t she compieted her written evaluation that
Clinger was not honest and forthright- Brekhus' own evaluation fonn did not raise any issuæ of sexual
harassment, as she was not aware of any such issues at that tirne.
Brekhus indicated that she had brnught mâny of these issues to Clinger's attention during
performance evaluations in prior years, particularly in 2015. She had become convinced that Clinger "was
not getting ig" even though she had hied to give him the benefit of the doubt.
At the time of Clinger's evaluation, Brekhus freely admits that she wanted him out as Clty
Manager. This was not personal to her, but was sirnply the result of him not beíng up to the job. She did
not hide her belief, and told othçrs on the Council how she felt about Clinger. Shc is not aware of whether
other Council members also w¿nted Clinger out. Brskåus said that she does not talk to Mayor Hillary
Schieve or Councilwomar Neoma Jardon. Brekhus has befl af odds with Mayor Schieve for some time, in
part over Clinger's performance as City Manager. Brelúus said that the Mayor has publicly supported
Clinger while privately having conÇerns about his performance. Brekåus described that dynemic as "not a
positive working relationship," in pârt because she believes that the two most important fi¡nctions of the
Cify Council are the City's budget and {lhe hiring and supervision of a City Manager. Brelüus does not
specifically recali whethe¡ she had conversations with othe¡ members of the Council about Clinger's future
before the performance evaluation rneeting.
Prior to the June 21,2A16, meeting, Brekhus had reviewed the results of the anonymous employee
surveys and notsd nothing that would suggest any issues of sexual harassment arnong City staffl She noted,
holvever, that the results of this survey were progressively worse tlan in previous years. Brek*rus said she
28

30. believed that City ernployees would likely be reluctant to address sexual harassment issues in such a
survey.
Brekhus went into the June 21 meeting hoping that Clinger's contact would not be renewed, but
she did not know how all of the other membgrs of Council would vote. She said that past experience told
her that he would probablybe retained.
She was suqprised when Councilwoman Naomi Duerr made comments at thc June 21 performance
review about "fear" among some female managers. Brekhus had uo idea where that comment canre from,
and she recalls looking at Councilnan David Bobzien in disbelief when Duerr made the comment. After
the meeting, Brekhus asked Duerr if someone had given her some inform¿tion that led to the colnmelt and
Duerr wouldn't say.
Ultimately, Clinger's conkact was ¡enewed on Brek*rw motion to ¡enew with a 3% raise. Brekhus
said she went ahead and made the motion because she was aware she didn't have to votes to oust Cliuger,
and because she was afraid that someone else would put to a vote a motion with a much greater salary
increase.
At the time, Brekhus didn't have the sense from City employees that they wauted Clinger out, or
that they were disappointed in the Councü renewing Clinger's contract.
Brekåus did not attend the June 22,2016 meeting called by the Mayor to address the City's sexual
harassmeart policy.
issue
Brekhus did not have auy conversations with any of the complainants about tåeir complaints before
they wete fi1ed with Human Resources.
Brelibus said that called her
far not listening to believes she got
this caii shortly before Clinger's performance evaluation.
In mid-July af 2A16, after the were filed, Brekhus said she to see
said she hadn't seen
that *she had a linq" and
Brekhus tried to at the same time
action against therecognizing that they might be in an adversarial relationship if
City.
an
Brelåus had one conversation with since the conrplaints were filed, but Brelfrus
She said she heard about it a week or so after the fact and was told it einanated from an
an inappropriate texf r"ttt by
at a coffee shop reviewing some papers
I r'¡u .rlrs*',u$ urar s..,s
'c¡i,'çu
"had played the game to get ahead."
stuck to work issues told her that would like to come back to work
but that "no one is talking to us." B¡ekhus has had general conversation #were fi1ed. iVhile walking neighborhoods for her campaign, Brekhus
tn*Irome, Later tirey conversed about generally family topics
the complaints
happened to unknowingly stop at
only. Brekhus said she's had no real discussions with the complainants about the substance of tlreir claims.
29

31. Brekhus recalied speaking with Anthony 'I'ansimore of the Olive õrove consulting firm, and said
she told him "the same things r¡s everyone else." She was not happy to be t¿lking to yet another consultant,
as she indisafe.d it was the fourrh time in four years she has had to speak with a consultani. She described
this as evidence of Clinger's inability to insfitute a shategic plan for the City. She did not tell Tansimore
that there were three councii members out to get Clinger, because she thought it was only she and Duerr.
Brelftus said she has never personally witnessed Clinger keat a ¡í¡oman in a derogatory or sexually
inappropriate way. However, she related her own instance with Clinger in Novernber of 2015 when she
believes he acted in a retaliatory fashion. After apparently making a negative public commçnt about the
City Manager, Bre*fius got a call from Clinger the following ðay, In that call, Clinger told her he heard
that she was publicly critical of him, and he also told her, "it makes me not want to do things for you."
After speaking with Ðuerr about it, Brekhus decided to meet with Clinger and give him the opportunity to
"walk it back." Clinger did not recant which, when considered with other recent events, convinces
Brel*lus that Clinger harbors hostilify and retali¿toryrnotives against ¡¡om€n.
Brekhus said she has never seen ãny evidence of any issue with Clinger involving alcohol, aud is
adamant that she never told anyone, including Ðuerr, such a tbing. She is ârvare Clinger rnigbt go out for a
drink after a Corurcil meeting, but she considered him to be hsalth conscious.
S/ith respect to the instant allegations, Brekhus thinks it's certainly possible that the complainants
acted in a concerted effort once the Council agreed to renew Clinger's contract. However, she indicated
that acting in concert doesn't necessarily affect the truthfül¡ress of their allegations. Coliectively, for
different rsasons, she said the courplainants believed Clinger was not an effective City Manager.
Having reviewed the Mercado report, Brekhus found some of Clilger's actions to be "juvenile."
Things like pãtting the chair forfto sit next to him, or sending or receiving juvenile têxts or
chats, a¡d allowing his relationships to affect City business, all spoke to Brekhus of Clinger's inadequacies
as City Manager. She conceded that she doesn't have any evidence that was in any inappropriate
personal but if he were in flrch a with it would to Brekhus
why Brekhus said
she knows of no evidence that Clinger and
relationship.
were in any type of personal
Bre*hus said she had conversations wíth
about I frushation with Clinger's performance as some s
directives but followed them "like a soldier." B¡ekhus suggested to other Council members that
"it didn't
D. Councihvoman NeoragJardon {interviewed telephonically Oøober 14,2}rc and October 21,2A16)
Neoma Jardon was elected to the Reno City Council in20l2 after spending over twenty years with
the law firrn McDonald Carano Wiison, whcre she worked in Human Resources, Covernment Affairs and
Marketing.
She knew Clinger as City Manager and said she got along with him "very well."
30

32. Jardon was in attendance at the June 21, 2t1,6, City Council meeting to discuss Clinger's annu¿l
perfor:Îance evaluation. Shc had not fi1led out a writfen performance evaluâtior¡ as Councilwoman
Brekfrus apparently had, and told me that she had private conversations with Clinger about some concems
regardilg his performance as City Manager. None of those private conversations had anything to do with
sexuai harassmerit or how he treated lri/oÍlen, generally.
At the public meeting to discuss Clinger's performance, Jardon's cornments were mostly positive.
She noted that he had
o'steeted
the ship through difficult times," had repaired some broken relationships and
had done "a lot of really good things." She noted that Clinger still had work to do to improve
communication between City deparhnents and she encouraged him to continue improving on his
willingness to inte{ect during Council discussions.
When aslced duriag cur interview if Clinger wâs a good City Manager, Jardon indicated that she
thought Clinger did "a noble job," based on the information available to her.
As of the date of Clinger's perfonnance evaluation, Jardon was aware that certain Council members
wantcd Ciinger out âs City Manager. She said Councilwoman Jenny Brekhus had wanted Clinger out
"from the beginning," and that Councilwoma¡r Naomi Duerr had more recently developed reservations
about Clinger, She perceived that the other touncil me,mbers thought Clinger was doing a good job.
Jardou was not av/are that any Council mernbers were actively trying to undennine or rsfitove Clinger.
Prior to the June 21, 2AL6, meeting Jardon had revíewed the results of the anonJ¡mous einployee
sr¡rveys and noted nothing that wouid suggest any issues of sexual harassment among Cify staff. She was
therefore surprised when Duerr made a comüent at the public meeting that there was an issue of "fÊaro'
s¡nong certain fsmale staffmembers. Jardon had no idea what Duen'was taiking about and was unaware of
any such fear among City staff.
Knowing that there was some negative sentiment toward Clinger among ceÍain members of the
Council, she believed that there might be an issue at the meeting regarding whether Clinger would receive a
raise when his eonkact was renewed, but she did not think renewal itsclf ç'as going to be an issue. She had
no convelsations with other Council members in the days leading up to the evaluation regarding whether
Clinger would be able to survive his review.
Jardon did not attend the June 22, 2A1.6 meeting called by the Mayor to address the City's sexual
harassment policy. She heard about the meeting at solne point aftenrards, and believes she was told that
the reason the meeting was called was because of some allegation of harassment that did not involve
Clinger.
Jardon met with Anthony"Iansimore of the Olive Crove consulting finn, but did not tell him that
there were at least three meßbers of the Council that wanted Clinger out as CityManager.
Jardon did not have any meetings of the complainants before the complaints were lodged,
excæ,pt that she recalls one
.r-rr.r,, f rld.vr-l^l ¿1
meeting witlr
altogether unusual when ít came to
Jardon consoled was told,
about
late or early June of 2016, where she carne
ofñce- She described that as not
since she appeared
bad here." on to tell Jardon
did not defend
conduct
considered herself
made no mention of any offensive
Jardon that during
31

33. coriversation, she told f tbat since shs oft€n sçsmed unhappy, perhaps she should consider
that made her She made this comment because it seemed to her that
job duties.
Jardon said she doesn't know very well, but describes her as "methodical,
intelligent and produces good work product." Jardon's doesn't seem
particularly happy in her job. Jardon has never heard cornplaints &om or being
overworked. Jardon described that she's had "virfually zero interaction" wi
Jardon first becamo aware of the complaints when City Attomey Karl Hall advised her that the
complaints q¡ere communicated to Human ftesources.
Jardon reviewed the Mercado report and thought that many of the allegations were "kind of high
school" in nature. She was su¡prised, overall, at the nature of thç complaints. She didn't consider an
allegation of having work taken away, or additional work Srven, as being in the nature of sexual
harassment.
Jardon said she has nevsr seen Clinger teat any femaie employee (or any woman) in a
disrespectful, derogatory, discriminatory, sexually cornpromising or retaliatory martner. She has seen him
at work and at social functions like family barbecues, and she emphatically repeated'Î.Iever" when asked if
she'd seen Clinger treat anyone inappropriately. She also called an allegation that Clinger abused alcohol
as'oabsurd,"
Based on knowing Clinger, Jardon said she believes that the allegations are not true- However, by
August or Septernber of 2016, it was clear that Clinger could no longer månage at the City. "&tthalpoint,
there was no putting Hurnpty Dumpty back together." She notes that even at the Council meeting to
address Clinger's separation frorn the City, certain Council members took the opportunity to get "thei¡
pound of flesh."
When asked if she believes the allegations âre part of a plan or conspiracy to push Clinger out as
Cþ Manager, Jardon says
that Duen, Brekhus and/or
complainants to make their
this but has oono
definitive ' She has hea¡d from others
urged or promoterd the
to support She finds the timing
of the complaints odd, having occurred just after Clinger's performance evaluation, as though certain
decided that, "if the Council is not to vote him out than we
in her suspicions because She
me"
lobbied her on
Councilwoman Duerr told me thaf after inten'iew with there was a
impact on Jardon. As a rcsult, I re-contacted Jardon on October 21,2016, and asked her if the
meeting had changed her opinions on the allegations. She told me it had not changed any ofher opinions.
she has
have to." Jardon said she
said, "it wouldn't surprise
Jardon said no one has
E. Coussü$a$ iaûl Mc.KWiq (interviewed telephonically October 21,2t16)
32

34. Paul McKenzie was elected to the Reno City Council tfi 2AI4. He knew A.ndrew Clinger while
Clinger was with the State and McKenzie lryas a lobbyist at the State Legislature for certain conshucticn
trades, although McKenzie said he didn't know Clinger rvell at that point.
After McKenzie joined the Council, he said he got along fine with Clinger. They began building a
friendship, socialized after Councii meetings and attended City eveats together on occasion,
McKenzie was present at thc June 21, 2016, Council meeting to discuss Clinger's annual
performance evaluation. McKenzíe's public comments ilere somewhat negative toward Clinger, as he
discussed not seeing progress on issues important to Council mo:rrbers. McKørzie questioned whether it
ryas a communication issue or a motivation issue, and discussed certain Council priorities "falling through
the cracks'o during Clinger' s administ¡ation.
During our ìnterview, McKenzie said he didn't care for Clinger's management and leadership style
He said, "you can't blame athers fbr things not getling done."
As of the fime of the performance evaluatian, McKenzie he was considering voting to not renew
Clinger's contract.
McKenzie said Counsilwoman Naomi Duerr cailed him the night before the Jrine 21 meeting to tell
hím ¿bout concerns about Clinger among Cify staffmembers. She did not bring up any issues of sexual
Clinger's coaû'act was renewed. McKenzie recalled that during this conversatio¡1" Duerr also
brought up issues that had with Clinger, but those issues did not involve sexual
harassmerit or any offensive touching.
After that conversation, McKenzie said he was still surprised during the June 2l meeting when
Duen made the public comment about *feaÍ" among female staffmembers. When she said it, he had no
idea what she was talking about, He was not aware of any fem¿le employees being in fear.
At the meeting, McKenzie was part of the Council's unanimous vote to renery Clinger's contract
with a 370 raise. Asked why he voted that way, McKenzie indicated that he knew he didn't have enough
votes to prevent renewal. He knew he h¿d Duerr's vote and Counciiwaman Jenny Erekhus' vote, but he
needed one more aûd didn't have it.
McKenzie did not aftend the June 22,z0rc meeting called by the Mayor to address the City's poiicy
on sexual harsssmflrt. He found out about it several and was told it was called after an
inappropriate text message was sent
He said that when the Mayor told him about meeting and the text message, she talked about'oa culture
of behavior among higher administration" in the City. McKenzie recalls telling the Mayor that he didn't
think Clinger's conûact should've been renewed.
McKenzie said he didn't meet wit'h any of the complainants prior to their complaints being fîled.
City Attorney Karl Hall told him about the complaints after they were filed. Hall also mentioned at some
point before the completion of the investigation that he thought it was 'olíkely a witch hunt by disgrnntled
employees." McKenzie found this comment by Hall to be inappropriate.
33

35. McKenzie said he met
He said that they became "fairly
compiained to hirn about Cliager. lvlcKenzie said that
with him prior to the Council meeting on Clinger's
allowed that
time an the Courcil, but she nevsr
attempted to set up au appoinknent
but their confficting schedules never
to take place. h{cKenzie said that during the June 2l Council mÊetíng, he saw
the meeting and appeared to be upset. He tried to contårt her in the days
following the meeting to speak with her but she didn't agree to meet.
MeKenzie said he tt
in the hall. He hasn't the June 2l meeting.
work," but hasn't talked to her about her complaint.
McKenzie saÍd he hasnot seen Clinger tueat a female employee (or any woman) inappropriately or
disrespectfirlly. McKenzie said different people have different approaches. He desuibes himself as
o'a
hugger,o' since he often hugs people he hasn't seen recently. He understands that some might find this
motivated. He thinksinappropriate, but it's genuine and friendly on his and is not in
Clinger is tåe same way. He also mentioned that
well, jusl enough to say "hi" íf they met
He knowsl"a liftle through
Councilwoman Neoma Jardon and Mayor Hittary
-s
not in tåat category and likeiy wouid
Schieve might also into that category. McKenzie said
find thehup offensive.
McKenzie said being "4. hugger" might not be the best thing in a position like Cify Manager, even
thouglt there's no sexual intent in the hug. McKenzie said he has no problem with Clínger being that way,
unless it causes a rift among staff and affects Cify business.
McKenzie read the Mercado and it was noteworthy that the only things Clinger
denied were the touching incidents with
"elevâtof incident) the eyewitnesses said
noted that on one of those instances (the
't happen. On the othe¡ incident (the "leg touching") he
noted that there v¿as an eyewitnessJ but that the witness might be biased against Clinger,
McKenzie said that after reading the Mercado retr)oú, he thought there was enough in there to
warrært "sitting Clinger down and having a conversation" with him about the events. In McKenzie's
the two that bothered him the most were:
once w€re
go on voluntary administrative leave immediately after the complaints ryere made. McKenzie called these
things part of a "chain of poor judgment" on Clinger's part.
Additioaally, McKeneie related a conversation he had with Duerr during the investigation, during
which she told him th¿t she had qpoken with Clinger and that he vehemently threatened revenge on the
claimants. For MeKenzie, this was the final skaw tliat led him to believe Clinger could not continue as
CityManager.
F. Co-r¡nciknan Oscer Pe1 gado (interviewed October 20, 2Q1 6
Oscar Delgado was elected to the Reno City Corincil in 2A12. He didn't know City Manager
Andrew Clinger until he began to serye as a Councilman and he said their relationship evolved over the
past four yeârs. Delgado said that during his first two years on the Council, he had liltle or no relationship
with Ctinger, and it seemed that Clinger was 'tighter" with the Mayor and Councíl members who had been
in office for a lot longer than Delgado. Delgado said that after the 2A74 elec1oos, there was essentially a
34
ir

36. "whole new regime" in City government than had existed when Clinger was first appointed in 2011.
Clinger took that opportunity to come to Council members to try to understand the direction they wanted to
go as a Council. Delgado said that a personai friendship with Clinger developed at that point. He said it
was nôw "sûrt of a kadition" to have a beer at a local estabiislunent after lcng Council meetings, and that
Delgada, Councilman Ðavid Councilman Paul idcKenzie and attended. Other
more occasional attendees
City Attomey Karl Hall. Delgado said the remaining Council members and the Mayor were invited but
never attended. Delgado described these gatherings as 'oone and done," meaning that no one had more than
one drink before leoving.
Delgado was in attendance at tire June 21, 2016, Cify Council meeting to discuss Clinger's annual
performance evaluation, He had not filled out a written performance evaluation, as Councilwoman
Brekhus apparentlyhad, but preferred to make his comments public. His public comments at the meeting
were mostly positive, but he indicated that he wanted Clinger to weigh in on Council debates more
frequently during meetings. He also stressed a need for more diversity among City stafi mernbers.
Overall, Delgado noted that he appreciated Clinger's honesty as City Manager.
When asked during our interview if Clinger was a good Cþ Manager, Delgado responded
affirmatively. "Generally when I asked für sornething, he responded." Delgado said that as a Council
meutber, he tried not to become involved in the day.to-day operations of Cþ staff, whøreas some members
of the Council tended to "micro-mân"age" Clinger.
As of the date of Clinger's evaluation, Delgado l¡/as alryare that some rnembers of the Couacil were
not happy with Clinger. He said Councilwoman Jenny Brekhus rvas
o'not
shy about saying so," and thât
Councilwoman Naomi Duerr "had reseryations about Clinger." He also said that "there was push back" by
Councilman Paul McKenzie when it came to Clinger. To his knowledge, however, no m€mber of the
Counsil was activeiy tr:¡ing to underuiine or remove Clinger as City Manager. Delgado fully expected
Clinger to survive the perforrnance svaluation and to have his contract as City Manager extended.
Prior to the June 2I,2A16, meeting, Delgado had reviewed the results of the ânonyîous employee
surveys and noted nothing that would suggest any issues of sexual harassme¡rt among City staff He was
therefore surprised when Councilwoman Duerr made comments at the public meeting regarding 'TeaÍ"
among "female managers" on Clinger's staff Delgado had no idea what Duerr was talking about and had
no awarsness of aûy fear among female maûagers.
Delgado did not attend the June 22,2016 meeting called by the Mayor to address the City's policy
on sexual harassme¡ìt. He first heard about the about a week after it and has heard that it
was called
Delgado
noted, however,
Delgado did not spoak with her. He said
Coincidentally, Delgado said that hehappened
interview. He said 'hello" to her and said
any of the complainants prior to the complaints being fiied. He
to contact him before Clinger's evaluation, but
had never complained to Delgado about Clinger.
to see a local restaurant on the moming of our
said he did
TVhen Delgado tried to console her,
fto1d him, "I'm sony. I tried to do what was right." She also told Delgado that the ahnosphere
at the Cþ was
investigation with
school." Delgado was careñrl not to discuss any issues related to the"like
35

37. Delgado described as "cold but " and said he hasn't bad that muoh
contact with her in his years City. He said he'lhardly knows'
Deþado recalls speaking with Anthony Tansimore of the Olive G¡ave consulting firm in May or
June of 2016, but did not tell Tansimore that there were three Council members out to get Clinger. He was
ùvtaîe that the results of the Olive Grove study were to be unveiled at a scheduled rebeat, but learned from
Clinger that the reheat was cancelled because Councilwoman Brekfius wanted the retreat to comply with
the Open Meeting Law.
Delgado said that he has never seen Clinger treat a female employee (or any woman) in a
disrespectful, discriminatory, derogatory, sexually compromising or retaliatory manner. He said he's seen
Clinger in professional and social situations and that he's "always treated people well." He has also never
seen Clinger abuse alcohol in any wa¡ and has nevsr seen Ciinger intoxicated at work or at a Council
meeting.
Delgado reviewed the Mercado report and says that 'Tust knowing Clinger," he thinks that the
allegations against him are 'þrobably not true." He read the text exchange from January of 2016 behveen
Clinger *dlthat was attached to the Mercado report (see Section lV(C) above) and did not
attribute any bAryqqlqeriq to Clinger based on those texts, although he believed that Clinger should not have
res'UÐ'Ë,u...rI ,,L',.r.
Regarding the allegations against Clinger, Delgado said that he has tried ta distance himself from
the investigation, as he believes that is appropriate for a member of the City Council. However, he
indicated that he thinks there was "a consolidated effort" to get Clinger out as City Manager, in part
because of the timing of the complaints. Whether true or not, the allegations made it so that Clinger simpiy
couldn't manage anymore. The allegations themselves prevented him from managing certain employees,
since any aetion he might take would be seen as retaliation.
Ðelgado said he is awa¡e that has close
with the tluee claimants. He has heard that telling employees
Delgado said he'd previously lost trust he became awaÍe
was negative comments about the Council,
G, Counc,ilman Ðavid Eobzien (interviewed October 19, 2016)
David Bobzien was appointed to the Reno Cify Council tn 2A14, to fili a vaeancy created when
Hillary Schieve won election to the office of Mayor (she ran as a sitting Council rnember). Bobzien
previously served four temrs in the Nevada State Assembly.
Bobzien knew Cþ Manager Andrew Clinger during Ëlobzien's time in the Assembly, as Clinger
previously worked as State Budget Director. During that period, Bobzien described his relationship with
Clinger as "advers&rial," since Bobzien was a Democratic Assemblyman and Clinger worked for a
Republican goveffior. He described their interaction as always professional, even if they fought politically.
Bobzien was present for the June 21, 2016 Council meeting dwing which Council members
conducüed Clinger's arrrual performance evaluation. He had not filled out a written perfiormance
evaiuation, as Councílwom¿ü Brel*rus apparently had, but preferred to make his comments public. He also
indicated that he had some private conversations with Clinger regarding his performance.
36

38. Bobzien's comments at the meeting regarding Clinger's perforrnance rruere prirnarily positive ones.
He used e positive comment from one of the anon)¡rnous employee evaluation fonns to higþtigbt a culture
of positive motivation and morale aüong City staff. He desc¡ibed that as being 'lery important," and
noted that apparently Clinger ryas "a leader in ttrat effort." Overall, Bobzien aoted that Clinger had done "a
greatjob this year."
When asked during my interview if Clinger was a good City Manager, Bobzien responded, "For all
I knew, yes."
As of Clinger's June 21, 2A16, performance evaluation, Bobzien l/as ar¡/are that some Council
members díd not approvc of Clinger as City Manager. He said tfiat Councilwoman Jenny Brekhus had
been consistently critical of Clinger. In fact, Bobzien said tlat Brelhus was consisteritly critical of most
Cþ staff
mcntioned
tt
few favored" indivÌduals. Bobzien
as one of Brekhus' favored employees,
although Bobzien was quick to point
L.rry. .,'e JusL norço [nar I**
out that he didn't disagree thatl was doing a good job for the
never the object of Brekhus' criticism and virtually every other City
employee was. Bobzien noted that Councilwoman Naomi Duerr was not as "aggressively critieal" of
Clinger as Brekhus was, but created a "drumbeat of criticism" and w,ould "dive down" into issues with
Clinger to the point of micro-management. Bobzien also said that Councilman Paul McKenuie wâs at
times critical of Clinger but at other times was happy with Clinger. He described MeKenzie's criticism of
Clinger as being less consistent than that of Brelåus or Duerr.
. As of Ciinger's avaluation" Bobzien said he was genôrally aryare of the foregoing Council
membets' issues with Clinger but did not have a sense that any on the Council were actively hying to have
Clinger removed from his position as Cþ Manager. He had spoken with Mayor Schieve in the days prior
to the meeting and both w€re concerÍÌed that certain Council members would use the meeting as an
opportunity to create o'a
spectacle" or'oa circus." He was concerned that the meeting would be "criticism
without an endpoint'o instead of a constructive conversation to obtain solutions. He was aware that the
Mayor wanted the meeting to be productíve and generally supported Clinger, but that she had also
idcntified areas of necessary improvement
Prior to the June 21,2A16, meeting, Bobzien had reviewed the results of the &lon)nllous empioyee
surveys and notd nothing that would zuggest any issues of sexual ha¡assment among City staff, Against
that backdrop, Bobzien said he was quite surprised when Councilwoman Duerr made he¡ comme,lrts at the
meeting, which included reference to "fear" atnong "female manñgers"" Bobzien had no idea what Duerr
was referring to, and his first thought was, "Holy cow. Are we getting sued?" He desoribed fåe comment
as "an instant red flag," but had no idea what she was talking about. He was unaware of fear
female He was &wâfe" of some
he ø. part
government scontent was staff should simply be concerned with
getting the job done for the benefit of the City.
Regarding Duerr's
('fbar"
comment, Bobzien said that if she had inside information about one or
more female managsrs having teason to be in fear, she should have shared it virith Council membeß in
sorne otler forum ratl.er than just "dropping it in a Council meeting" related to Clinger's performance
evaluatioa. Bobzien didn't seek out Duerr after the meeting to ask what the comment was about, in part
because "it's not the first oñthe-wall, shoot-from-the-hip statement she's made" at å Council meeting.
The Council meeting closed with Counciiwoman Brekhus making the motion to renew Clinger's
contract with a 3% salary increase. Bobzien said that either Brekhus didn't really want Clinger gonÊ or she
37