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Kitty Jung Washoe County Investigation Reports

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Washoe County today released documents into allegations made against Commissioner Kitty Jung. She was found to have violated the county’s discrimination, harassment, and conduct policies.

“It has been alleged that you made comments that were inappropriate and/or of a sexual nature towards an employee,” wrote Patricia Hurley, the county’s HR and labor relations director. “Based on the preponderance of the evidence, the allegation that you made comments that an employee’s superior ‘needs to go’ in violation of the Washoe County Code of Conduct is substantiated.

“The allegation that you made discriminatory comments related to gender and sexual orientation in violation of the [county policy] is substantiated.”

Two complaints against Jung were made by Truckee Meadows Fire Protection District employees. Read more on ThisisReno.com.

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Kitty Jung Washoe County Investigation Reports

  1. 1. b, *l Pt OY t Cloe,o ot*t t"'-+lc-r. t C-ornnr tSal on,'?' WASHOECOUNTY HUMAN RESOURCES 1 OOl E gTH STREET, A22O RENO, NV 89512 PHONE: (775) 328-2081 www.washoecounty.us uA5l-/to CONFIDENTIAL DATE: May 23,2019 TO: Kitty Jung, County Commissioner FROM: Patricia Hurley, Human Resources/Labor Relations Directo, ('t' RE: Summary and Conclusion Regarding a Discrimination and Harassment Complaint Received April 5, 20i9 The purpose of this memorandum is to summarizethe findings and conclusions of an employee complaint alleging that you made inappropriate comments constituting sexual harassment. In accordance with the Washoe County Discrimination and Harassment Policy and policy regarding Complaints of Policy Violations Against Elected Offrcials, Human Resources investigated the complaint using an independent investigator, Ms. Sandra Ketner, Esq. of the law firm Littler Mendelson. In general, it has been alleged that you made comments that were inappropriate and/or of a sexual nature towards an employee.l Aft"r a thorough investigation encompassing extensive interviews of employee-witnesses and rcview of relevant documents, the finding of the investigation is as follows: . Based upon the preponderance of the evidence, the allegation that you made comments that an employee's superior "needs to go" in violation of the Washoe County Code of Conduct is substantiated. . Based upon the preponderance of the evidence, the allegation that you made discriminatory comments related to gender and sexual orientation in violation of the Washoe County Discrimination and Harassment Policy is substantiated. . Based upon the preponderance of the evidence, the investigator concluded that the complaint was made in good faith. Human Resources has discussed the findings with the County Manager and will be closing out the complaint. Please be aware that Washoe County does not permit retaliation against an employee for filing a complaint or providing information related to a complaint. Washoe County will not tolerate retaliation by management, employees or co-workers. If you have any questions regarding the above, please feel free to contact me. t The name of the employee will not be provided in the document in order to maintain the confidential nature of the investigation and confidentiality of those involved. I I (
  2. 2. Cornp [q.r nf €r^ptoSer- el 04APR19 1055 Hrs This is my testimony to an event that happened today at the TMFPD office located at 1001 E. gtr' St. Bldg ,,D,, Znd fl}Of , At approximately 1000 hrs, I was at my work station in the I office of the TMFPD office. I heard say, "Good morning Commissioner, what are you here for"? Unknown Commission=, stated, "l'm here for Chief Moore and a budget meeting. Don't you know that? Don't you know his schedule"? As I heard the disrespectful dialog, I peered out the Training office door to observe who was speaking ti our office staff. I made eye contact with Commissioner Jung. While looking directly at me Jung asked "ls that the guy that's leaving replied, ' " as I waved to her. Commissioner Jung walked directly into the office and closed the door as I stood up from my work station. ,Jung stated, "Your Chief needs to go" and I questioned, "Which one, Chief one or two"? She replied, "your Fire Chief', Puzzled, I was at a loss for words and confused as to why I am subJect to this communication. Jung then questioned why r was leaving. I stated I think he has better opportunities . Jung stated, "Good, 'a climber. I like climbers". Again Jung stated, "Your Fire Chief needs to go. I need you to get two other commissioners to vote with me". Jung then stated, "l am angry'' in which I replied, "l see that". Jung continued with intangible comments about "being gay ugly" and. name I cannot recall, "Canrt fuck ,Continuing, Jung said, ,,1 hate all fucking men and no man should be in power''. I stated, "l disagree". Feeling extremely uncomfortable, heart racing and wanting to escape, I asked Commissioner Jung, "Would you like to get coffee some time"? Jung said yes and I said I would get ahold of her as I opened the office door for her to exit. Commissioner Jung exited the office and moments later asked out loud, "Where is the coffee? I know you firemen" as lsaid nothing, I pointed to the coffee pot outside the office. Feeling extremely uncomfortable and not wanting to be confronted by her again, I packed up my stuff to leave the office. As I was walking out, I remembered that was in his office, directly adjoining the pffice and went to his office ryas in his office and I closed the door to ask if he overheard anything from the' office said he didn't hear a thing as he was engaged in a face to face conversation. I shared what I had just experienced, expressed my discomfort ano recommended that I write down what just happened. I left the office to a safe location to write what happened to the best of my memory. Conclusion of this writing is 1136 hrs. ID IJ T S,tg
  3. 3. Zr,".Pl".lee -vl lnve-s*,f+; Qefr+ g-f;ttEer RENO MEMORANDUM TO Patricia Hurley Sandra Ketner May 2,2079 Investigation into FROM: DATE: RE Complaint On April 5,20L9, you contacted me to retain my firm as independent special investigators in relation to allegations of discrimination and harassment asserted by Truckee Meadows Fire Protection District C'TMFPD') , . Specifically, alleges that Washoe County Commissioner Kitty Jung made inappropriate comments to him that were discriminatory and sexual in nature in a closed door exchange that occurred on April 4, 20L9... further alleges that Commissioner Jung was aggressive and threatening towards him. My firm has not been asked to provide risk management advice or to express legal opinions or make legal recommendations regarding the allegations in this matter. Further, this report does not offer any opinions regarding whether any civil or criminal laws have been violated. Such opinions are outside the scope of this report and my assignment in this matter. My narrow and specific assignment was to conduct a thorough investigation of . allegations and to determine whether the conduct occurred and if so, whether such conduct constitutes a violation of any TMFPD or Washoe County policy. Finally, I have not been asked to provide disciplinary recommendations or any operational recommendations based upon the allegations or my investigation results. Any disciplinary or other operational decisions will ultimately be made by the Washoe County Manager, Washoe County Human Resources Department and/or TMFPD. II. DOCUMENTS REVIEWED I have reviewed the following documents as paft of the investigation to date: . Complaint from dated April 4,20L9; . Washoe County Policy regarding Complaints of Policy Violations Against Elected Officials; . Washoe County Code of Conduct; . Washoe County Discrimination and Harassment Policy; and . TMFPD Discrimination and Harassment Policy. FIRMWIDE:154155417.1 079239.1005 Littler Mendelson, P.C.
  4. 4. I asked each witness if there were any additional, relevant documents in their possession related to the complaint. At his interview, provided a copy of Reno Police Depadment Report #11-12792 (original and three supplemental reports), At his interview. provided a Memo from him dated April 4, 2019 Re: Documentation of Events -04-04-2019. At 'interview, provided a copy of an email sent to I self on April 5, 2019 entitled "Notes from Thursday 4l4lL9 Admin Office." During the course of our investigation, complaint against Commissioner Jung. complaint on April 18, 2019.1 submitted a written You provided me with a copy of lD ID u^l6uB No other witnesses identified or provided any directly relevant, non-privileged documents. III. WITNESSES INTERVIEWED On April L2,2Ol9,I interviewed On April 75,2019, I partially interviewed However, the interview was suspended in order for to decide whether lwished to file a separate complaint against Commissioner Jung or proceed only as a witness in the investigation into complaint. On April 17 , 2OL8,I interviewed Commissioner Jung. On April22, 2019, I completed the interview of On April 25, 2019, I interviewed t On April 29,2079,I interviewed . No other witnesses employed by the County or TMFPD with directly relevant knowledge were identifled by any party. ry. SUMMARY OFTHE ALLEGATIONSAND FINDINGS alleges that on April 4,2OL9, Commissioner Jung made inappropriate comments to him that were discriminatory and sexual in nature. Commissioner Jung denied making any inappropriate, discriminatory comments. I The investigation into complaint against Commissioner Jung is set forth in a separate investioation reDort and will not be specifically addressed herein. 2 FIRMWIOt:164155417.1 079239.1005 ID
  5. 5. Given the consistencies in verbal and written description of the exchange with Commissioner Jung, which was suppofted by the verbal and written descriptions of . statements to other witnesses as well as additional witnesses' representations that Commissioner Jung has made comments of a similar nature in the past, I conclude that Commissioner Jung violated the Washoe County Discrimination and Harassment Policy' rhus, I concrude that Commissioner Jung is p.d;ry substantiated and partially unsubstantiated. V. SPECIFIC FINDINGS AND CONCLUSIONS unsub 3 FIRMWIDE:164155417.1 079239.1005
  6. 6. Alleqed Statements Reqardinq Chief Moore in Closed Door Meetinq alleges that Commissioner Jung made a "beeline" for his office and closed the door. Standing approximately eight inches from his face, Commissioner Jung told i"Your Chief needs to go." ' reportedly responded, "Which one - Chief one or two?" Commissioner Jung then repotedly said "Your Fire Chief." Commissioner Jung's intentions behind discussing the issue with hir. C#Tir':fr5r1rlJ reportedly called la "climber" and stated that she "likes climbers." According to , Commissioner Jung reiterated "Your Fire Chief needs to go. I need you to get two other commissioners to vote with me." felt it was absolutely inapproprlate for Commissioner Jung to approach him while in uniform in a closed door meeting in an attempt to oust Fire Chief Moore. described Commissioner Jung's demeanor as aggressive, hostile and threatening. Commissioner Jung denied that she made a "beeline" for the' Office. She acknowledged that the door was closed but could not recall who closed it. She did not recall how far away she stood from but denied that her proximity was any violation of his personal space. She further denied that she was standing less than a foot away from him or in his face. Commissioner Jung admitted that she said "Your Chief needs to go." She explained that the nature of her meeting with Fire Chief Moore was going to be best practices regarding length of stay,3 However, Commissioner J ung denied saying that ,. needed to get two other commissioners to vote with her, Commissioner Jung maintained that she believed the person she was speaking to in the Training Office was She disagreed that it was inappropriate to make a statement such as "your Chief needs to go" to that individual because she thought the individual she was speaking to was retiring and she wished to commiserate and build a relationship with him. 3In the budget meeting, Commissioner lung asked Fire Chief Moore how long he had been with TIYFPD. Commissioner Jung explained her opinion that best practices for length of stay in such a position is 5 years plus or minus two years. Commissioner Jung calculated that Fire Chief Moore had already extended his stay at TMFPD, Commissioner Jung stated that Fire Chief lYoore was obviously insulted and visibly shaken by her comments. tD 4 FIRMWOE:1641SS417.1 079239.1005
  7. 7. ' stated that Commissioner Jung did not necessarily make a "beeline" for the - Office. However, she was not hesitant in her actions in proceeding to the - Office. believed that Commissioner Jung closed the door. was surprised that she closed the door to speak with and found it to be "weird" that a commissioner would have a closed door meeting with an on duty employee. The preponderance of the evidence reflects that Commissioner Jung was direct in her actions and comments, While she was mistaken regarding the identity of the individual to whom she made the comments, the evidence reflects that she was indeed notified that the individual was Regardless of the identity of the individual, I conclude that it was inappropriate, unprofessional and disrespectful for Commissioner Jung to approach an on duty TMFPD employee and tell that employee in a closed door conversation that the employee's superior "needs to go." Additionally, given the consistencies between Verbal and written representations in comparison to the verbal and written descriptions by land ' , as to what told them immediately after his exchange with Commissioner Jung, the totality of the evidence reflects that Commissioner Jung indeed told that she wanted him to assist her in convincing two other commissioners to vote with her and terminate Fire Chief Moore's employment with TMFPD, Therefore, I conclude that Commissioner Jung violated the Code of Conduct in this regard. Alleqed Discrimi atorv Comments alleges that following their discussion about Chief Moore and l ', Commissioner lung stated "I'm angry." fudher alleges that Commissioner Jung made intangible comments about 'and referred to as "being gay, I ugly." According to . Commissioner Jung also stated couldn't be the fire chief because . "can't fuck :"-| - -.... claims that Commissioner Jung stated "I hate all fucking men and no man should be in power." reportedly responded, "I disagree" to which Commissioner Jung then supposedly said, "not all of them - most of them." represented that he was offended by the alleged statements he attributes to Commissioner Jung. explained that he was shaking when he called totell lwhat had happened with Commissioner Jung. further stated that there had only been two times in his life that he recalled being upset to that level. ID ID Commissioner Jung statements about denied saying "I'm angry." She further denied making any ' , physical appearance and/or sexual orientation. 5 FIRMwIDE:164155417.1 079239.1005
  8. 8. Commissioner Jung denied making any comment regarding and further denied any comments in relation to any individual potentially having sexual intercourse with . Additionally, Commissioner Jung denied saying that she "hates all fucking men." Commissioner Jung did not think she said "no man should be in power" during the meeting in the Office. However, she acknowledged that she might suppod such a statement in the context of a more academic discussion related to the #MeToo Movement. Commissioner Jung represented that she is a feminist who would not make such comments regarding women, stated that Commissioner Jung has made comments of a similar nature to about sexual orientation. Specifically,. stated that a few weeks after . was hired, Commissioner Jung asked during a telephone conversation Is gay?" reportedly responded "I didn't ask a Additionally, stated that Commissioner Jung has spoken to about the alleged sexual activities of regitimate, business rerated reason for discussing th.t t"fi:JTil:ed that there was no stated that Commissioner Jung has made comments to t regarding her opinion that men should not be in charge. Likewise, stated that Commissioner Jung has made comments of a similar nature to about sexual orientation. alleged sexual activities for which there was no legitimate business related reason to discuss, and her opinion that men should not be in positions of leadership. , Actions Following Exchanqe with Commissioner s Commissioner Jung denied making the alleged comment. 6 Commissioner Jung denied discussing , ID 6 FIRMWIDE:164155417.1 079239.1005 1D Based upon the preponderance ofthe evidence, I conclude that Commissioner Jung made inappropriate comments to that were discriminatory (related to gender and sexual orientation) and sexual in nature. I fudher conclude that Commissioner Jung violated the Washoe County Discrimination and Harassment Policy by making such comments. Junq Following his exchange with Commissioner Jung, claims that he felt extremely uncomfortable and approached l who was with r in his office. asked if he overheard any of : conversation with Commissioner Jung, which denied, then relayed to and ,his exchange with Commissioner Jung. advised r .to document the incident. left the TMFPD office and went to the TMFPD warehouse to write his statement, which was completed at 10:55 a.m. I
  9. 9. Later that afternoon, met with - gave I his written statement and relayed what he recalled from his interaction with Commissioner Jung earlier that day. According to : asked if he was making a complaint against Commissioner Jung and if he was willing to sign it. replied in the affirmative and indicated that he wished to file a complaint with the EEO office and state ethics board. suggested that submit his complaint to the Washoe County Human Resources Department and he agreed. was ln . roffice when entered and asked lf was listening to his conversation with Commissioner Jung. According tc ',, 'stated that he was very uncomfodable and appeared on edge and unnerved (in comparison to his usual even keel demeanor). ' told them that the Commissioner made comments to him about "having two more commissioners to talk to to get the Chief removed," a comment regarding 'being in charge, a derogatory comment about someone being gay, and something about having men in charge. advised to document the incident. thought that appeared credible in his descrlption of events, stated that at approximately 10:30 a.m., entered office appearing visibly upset. had never seen that way. dsked if r could hear his conversation with Commissioner Jung. 'told that' did not hear any words that were said. - then told and that Commissioner Jung made comments such as "we just need to get tvvo more commissioners to get on board so Chief Moore can be fired," she wanted to be the Fire Chief but other commissioners did not because is .. -. gay, and "this is why men make bad leaders." told r to document the incident "right now." then notified that he needed to contact, because he was upset and it was important, proceeded with budget meeting with Commissioner Jung. Later that afternoon, t gave I his written statement and indicated that he wished to move forward with a complaint against Commissioner Jung. describec as very professional in his response t stated that 'had no doubts regarding credibility with respect to the alleged incident. Commissioner Jung stated that she did not even remember the exchange with ,as it was not exceptional nor did it stand out in her day. As set foth above, Commissioner Jung denied the majority of ; allegations and denied the alleged statements he aftributed to her. Commissioner Jung believes that , complaint is a coordinated effort' to discredit her and save t 7 FIRMWIDE:164155417.1 079239.100S
  10. 10. Fire Chief Mooret job. Commissioner Jung described Fire Chief Moore ' and obviously insulted by her comments during their budget meeting about his tenure. Additionally, Commissioner Jung recalled hearing from others many years ago that ;never liked her. Commissioner Jung believes that r , made the complaint against her because he knew positions would be opening within TMFPD and he is aligning himself with Fire Chief Moore to be appointed to one of those positions. Commissioner Jung thought that it was strange for a union employee like - , to align himself with management. , stated that he had met with Commissioner Jung on one prior occasion when he was lobbying on behalf of the union for approval to buy body armor. stated that in his prior experience, Commissioner Jung talks like a sailor but was not unprofessional. 'and , denied having any information which would indicate that icomplaint was fabricated. To the contrary, many witnesses reported that . I appeared visibly upset by the exchange, which was out of character for him, and vouched for his credibility and truthfulness. The only witness who called into question the veracity of I complaint was Commissioner Jung. However, she did not provide any additional witnesses or evidence to substantiate her speculation that the complaint was manufactured. Therefore, I conclude that made the complaint in good faith. I further conclude that there is insufficient evidence to substantiate Commissioner Jung's claim that complaint was fabricated. VI. CONCLUSION Based upon the totality of the evidence, I conclude that complaint is substantiated in that Commissioner Jung violated the Code of Conduct by making inappropriate, disrespectful and unprofessional comments to him regarding the termination of Fire Chief Moore in a closed door meeting in the TMFPD office while was on duty. I further conclude that complaint alleging that Commissioner Jung made comments that were discriminatory and sexual in nature is substantiated. I conclude that Commissioner Jung violated the Washoe County Discrimination and Harassment Policy by making such comments. ID unsuB 8 FIRMWIDE:164155417.1 079239.1005
  11. 11. f^pt.ycc, et CL>S- o,r* lrtraJ WA$HOEGOUNTY 1OO1 EgTHSTREEI,A2aO RENO. NV89512 PHoNe 075) 328.2081 www.washoecounty.us UNSr,r B RE: HUMAN RESOURCES CONF'IDENTIAL DATE: May 16,2019 TO Iruckee Meadows Fire Protection District FROM: Patricia Hurley, Human Resources/Labor Relations Director 0$ ' Summary and Conslusion Regarding a Discrimination and Harassment Complaint Received April 5, 2019 The purpose of this memorandum is to summarizethe findings and conclusions of your complaint alleging inappropriate comments constituting sexual harassment by Commissioner Kitry Jung. In accordance with the Washoe County Discrimination and Harassment Policy and policy regarding Complaints of Policy Violations Against Elected Offrcials, Human Resources investigated the complaint using an independent investigator, Ms. Sandra Ketner, Esq. of the law firm Littler Mendelson. The complaint alleged that Commissioner Jung made comments that were inappropriate and/or of a sexual nature towards you. After a thorough investigation encompassing extensive interviews of employee-witnesses and review of relevant documents, the finding of the investigation is as follows: . Based upon the preponderance of the evidence, the allegation that Commissioner Jung made cdmments that your superior "needs to go" in violation of the Washoe County Code of Conduct is substantiated. . Based upon the preponderance of the evidence, the aliegation that Commissioner Jung made discriminatory comments related to gender and sexual orientation in violation of the Washoe County Discrimination and Harassment Policy is substantiated. . Based upon the preponderance ofthe evidence, the investigator concluded that your complaint was made in good faith. As a result of the findings, Human Resources will work with management to decide what action, if any, may be appropriate. Human Resources will then close out this complaint and discuss the findings with the County Manager. Please be aware that Washoe County will not retaliate against an employee for filing a complaint or providing information related to a complaint and will not tolerate nor permit retaliation by management, employees, or coworkers. If you have any questions regarding the above, please feel free to contact me. ,+ ev
  12. 12. . -- C".^'?c'*^! e;o *'L From: Date: April L7,2079 at 4:10:51 PM PDT To: "Hurley, Patricia" <PHurley@washoecountv.us> Subject: ***CONFIDENTIAL'F** April 17,2019 Ms. Patricia Hurley Washoe County Human Resources Director Re: Complaint Regarding Commissioner Jung, Dear Patricia, Please accept this email as a formal complaint regarding inappropriate, offensive and discriminatory statements made by Commissioner Jung to me. My complaint is as follows: a u n=.rb a 1 r I
  13. 13. a a April 4 - 11:00 AM, .complained to that Commissioner Jung made a statement to him (approximately 10 AM) immediately prior to . where she made a statement that the "hated all fucking men and men should not be in positions of power." uneu b rD 4 Nas hired in April 2017. A few weeks after thire date, she asked me over the telephone, ' ls . gay? My response was that I didn't ask , and didn't plan on asking 'about , sexual orientation. ln summary, during the course of my employment I have been subjected to comments from Commissioner Jung that are of a sexual nature and discriminatory againstl gender. I have endured these comments for too long' Respedfully 4 unlsu$ 2 a I
  14. 14. i*r?l'ya- *o6/ hr t1 C"r*?L g-Htrfite*r- RENO MEMORANDUM TO: FROM DATE: RE: Patricia Hurley Sandra Ketner May 2,20t9 Investigation into Complaint On April 18, 2019, you contacted me to retain my firm as independent special investigators in relation to allegations of discrimination, harassment and retaliation assefted byTruckee Meadows Fire Protection District CTMFPD') Specifically, alleges that Washoe County Commissioner Kitty Jung made inappropriate comments to him that were discriminatory, harassing and retaliatory in nature. My firm has not been asked to provide risk management advice or to express legal opinions or make legal recommendations regarding the allegations in this matter. Fufther, this repoft does not offer any opinions regarding whether any civil or criminal laws have been violated. Such opinions are outside the scope of this report and my assignment in this matter. My narrow and specific assignment was to conduct a thorough investigation of t ,.allegations and to determine whether the conduct occurred and if so, whether such conduct constitutes a violation of any TMFPD or Washoe County policy. Finally, I have not been asked to provide disciplinary recommendations or any operational recommendations based upon the allegations or our investigation results. Any disciplinary or other operational decisions will ultimately be made by the Washoe County Manager and/or Washoe County Human Resources Department. II. DOCUMENTS REVIEWED I have reviewed the following documents as paft of the investigation to date: . Complaint from dated April 17-18,20L9; . Washoe County Policy regarding Complaints of Policy Violations Against Elected Officials; . Washoe County Code of Conduct; . Washoe County Discrimination and Harassment Policy; and . TMFPD Discrimination and Harassment Policy. FIRMWIDE:164155432.1 079239.1005 Littler Mendelson, P.C.
  15. 15. I asked each witness if there were any additional, relevant documents in their possession related to the complaint. Following his interuiew, emailed us a timeline of events on April 23,20L9. No other witnesses identified or provided any directly relevant, non-privileged documents. However, we note that some documents reviewed during the course of J separate investigation into a comptaint made by against Commissioner Jung are relevant to this matter.l III. WITNESSESINTERVIEWED On April 22, 2O!9, I interviewed On April 24, 2019, I interviewed Commissioner Jung. On April 25, 20L9,I interviewed and On APril 29,20L9,I interviewed . I had previously interviewed and regarding 'separate complaint against Commissioner Jung. I had also previously interviewed Commissioner Jung regarding complaint. No other witnesses employed by Washoe County or TMFPD with directly relevant knowledge were identified by any pafi. ry. SUMMARY OF THE ALLEGATIONS AND FINDINGS ralleges that Commissioner Jung made discriminatory comments related to gender, i and/or sexual orientation. further alleges that Commissioner Jung made as well as comments that were sexual in nature. Commissioner Jung denied making any inappropriate comments that were discriminatory, harassing or Based upon the totality of the evidence, I conclude that Commissioner Jung violated the Washoe County Discrimination and Harassment Policy by making comments that were sexual in nature and discriminatory regarding gender and sexual orientation. i fufther conclude that the remainder of complaint is unsubstantiated. v. SPECIFIC FINDINGS AND CONCLUSIONS Alleqed Discriminatory and Harassino Statements 1 The investigation into '' ' ; complaint against Commissioner Jung is set forth in a separate investigation report and will not be specifically addressed herein. ID U.hl:Ob FIRMWIDE:164155432.1 079239.1005 2
  16. 16. m e n a n d -n o ma n sh o u r d be :.T:T:;tffi ::[l:i,."ffi :r'iil:l'.ff HHi:ffi :li txilil 3 statement in the context of a more academic discussion related to the #MeToo Movement. uNs0B <{-Mq- urtrSub rD 3 FIRMWIDE:164155432.1 079239.100S Additionally, claims that Commissioner lung told him at the end of November 2018, "If you can't learn to deal with me, then it might be time for you to resign or retire." ( ' contends that Commissioner Jung's alleged statements constitute i gender discrimination based upon comments he believes Commissioner Jung to have made to prior to the April 4th budget meeting (i'e., that she hates all fucking represented that he had previously heard Commissioner Jung make references that men should not be in charge. ID
  17. 17. stated that Commissioner Jung has made comments to , regarding her opinion that men should not be in oositions of Ieadershio- I that Commlssr6ner jung's comments aboui. ' ietirement were aiscriminitlilot oelleve The totality of the evidence reflects that Commissioner Jung has made discriminatory comments regarding men in leadership positions. Therefore, I conclude that Commissioner Jung's comments that men should not be in leadership positions violates Washoe County's Discrimination and Harassment Policy. Alleged Comments of a Sexual Nature lalleges that during a lengthy phone conversation in the early winter of 2018, Commissioner Jung made inappropriate comments regarding the sexual activities of Washoe County staff as well as the sexual activities of Specifically t claims that Commissioner Jung made comments about alleged relationship with , . - and relayed to "who is fucking who, !", ,represented that he was offended by the comments and there was no legitimate, business related reason for discussing that topic. uNs0 t3 }D L{NSrrg tD uNsuB 4 FIRMWIDE:164155432.1 079239.1005
  18. 18. stated that Commissioner Jung has made comments of a similar nature to about and other employees' and non-employees' alleged sexual activities for which there was no legitimate business related reason to discuss. ,' Alleged Comments Regarding Sexual Orientation Commissioner Jung did not recall having any conversation with sexual activities of Washoe Countv staff members, about - about the complaint against claim that Based upon the preponderance ofthe evidence, I conclude that Commissioner Jung made inappropriate comments to ( that were sexual in nature and a violation of Washoe Countyt Discrimination and Harassment Policy, Speciflcally, I conclude that Commissioner Jung made inappropriate remarks regarding the alleged sexual activities of , and other employees of Washoe County alleges that a few weeks after was hired in , Commissioner Jung asked him during a telephone conversation " t? Is ',gay?" ireportedly responded "I didn't ask D Commissioner Jung denied making any comments to labout sexual orientation. Commissioner Jung represented that the only comments she has made to about ,was that is great at job. r stated that Commissioner Jung has made comments of a similar nature to sexual orientation. 5 FIRMwIDE:164155432.1 079239.1005 As set forth in the investigation report into Commissioner Jung, the totality of the evidence suppofted ID
  19. 19. Commissioner Jung made inappropriate and discriminatory comments regarding and sexual orientation. Based upon the preponderance of the evidence, I conclude that Commissioner Jung made inappropriate comments to regarding sexual orientation. Therefore, I conclude that Commissioner Jung violated Washoe County's Discrimination and Harassment Policy in this regard. UNSJ6 6 FIRMWIDE:164155432.1 079239.1005
  20. 20. unsot Alleqed Motivation Commissioner Jung contends that - ,complaint as well as complaint are concocted. Specifically, Commissioner Jung alleges that is I and feaful for his job and as a result, has decided to assassinate her character in an attempt to save his job. Commissioner Jung believes that is oppoftunistic and has decided to support efforts to discredit her because he knows that there will be management level openings at TMFPD, which he is interested in obtaining. rflatly denied that his complaint against Commissioner Jung was fabricated. None of the witnesses interviewed provided any information to support Commissioner Jungt claim that and complaints were fabricated. Moreover, Commissioner Jung did not identify any witnesses to support her contention and I did not othenarise discover any information to call into question the legitimacy of the complaints. Therefore, I conclude that, made the complaint in good faith and there is insufficient evidence to substantiate Commissioner Jungt claim that ' '; complaint was fabricated. vI. CONCLUSION Based upon the preponderance of the evidence,I conclude that CommissionerJung made inappropriate discriminatory comments regarding gender and sexual orientation as well as comments that were sexual in nature in violation of Washoe Countyt Discrimination and Harassment Policy. However, I conclude that remaining allegations are unsubstantiated. D 7 FIRMWIDE:164155432.1 079239.1005 I l I
  21. 21. E.npL",yee #2, Clort- o,,,* Ltfri-r WASHOECOUNTY 1OO1 EgTHSTREET,A22O RENO, NV 89512 PHoNe 075) 328.2081 www.washoecounty.usHUMAN RESOURCES CONFIDENTIAL DATE: May 74,2079 TO: , Truckee Meadows Fire Protestion District FROM: Patricia Hurley, Director Human Resourcesllabor Relation, 't't ' R-E: Summary and Conclusion regarding a Discrimination and Harassment Complaint received April 18,2019 The purpose of this memorandum is to summarize the findings and conclusions of your complaint by an employee alleging inappropriate comments constituting sexual discrimination and/or harassment by Commissioner Kitty Jung. In accordance with the Washoe County Discrimination and Harassment Policy and policy regarding Complaints of Policy Violations Against Elected Officials, Human Resources investigated the complaint using an independent investigator, Ms. Sandra Ketner, Esq. of the law firm Littler Mendelson. The complaint alleged that Commissioner Jung made inappropriate, discriminatory comments about staff regarding gender and sexual orientation as well as comments that were sexual in nature. After a thorough investigation encompassing extensive interviews of employee- witnesses and review of relevant documents, the finding of the investigation is as follows: Based upon the preponderance ofthe evidence, it has been concluded that the allegation that Commissioner Jung made discriminatory comments regarding men in leadership positions in violation of the Washoe County Discrimination and Harassment Policy is substantiated. I Based upon the totality of the evidence, the allegation that Commissioner Jung made inappropriate comments about the sexual activities of Washoe County staffin violation of the Washoe County Discrimination and Harassment Policy is substantiated. Based upon the preponderance of the evidence, the allegation that Conimissioner Jung made discriminatory comments related to sexual orientation of staffin violation ofthe Washoe County Discrimination and Harassment Policy iS substantiated. All other allegations of inappropriate comments were unsubstantiated. Based upon the preponderance of the evidence, the investigator concluded that the complaint was made in good faith. J" 9
  22. 22. Memo to , Subject: Conclusion of April 18, 2019 Complaint May 14,2019 Page 2 As a result of the findings, Human Resources will work with management to decide what action, ifany, may be appropdate. Human Resources will then close out this complaint. Please be aware that Washoe County will not retaliate against an employee for filing a complaint or providing information related to a complaint and will not tolerate nor permit retaliation by mauagement, employees, or coworkers. If you have any questions regarding the above, please feel free to contact me. I
  23. 23. 0^?L.f 4L Clobo ,u* Lo*l-.r. *o WASHOECOUNTY HUMAN RESOURCES 1OO1 EgTHSTREET,A22O RENO, NV 89512 PH0NE: (775) 328-2081 www.washoecounty.us uNsu$ C*rr'rr-lt4gf ortr CONFIDENTIAL DATE: May 23,2019 TO: Kitty Jung, County Commissioner FROM: Patricia Hurley, Human Resources/Labor Relations Directo, Q't ' RE: Summary and Conclusion Regarding a Discrimination and Harassment Complaint Received April 18,2019 The purpose of this memorandum is to summarizethe findings and conclusions of a complaint by an employee alleging that you made inappropriate comments constituting discrimination and/or seiual harassment. In accordance with the Washoe County Discrimination and Harassment Policy and Policy regarding Complaints of Policy Violations Against Elected Officials, Human Resources investigated the complaint using an independent investigator, Ms. Sandra Ketner, Esq. of the law firm Littler Mendelson. The complaint alleged that you made inappropriate, discriminatory comments about staff regarding gender and sexual orientation aJwel as comments that were sexual in nature.l After a thorough investigation encompassing extensive interviews of employee-witnesses and review of relevant documents, the finding of the investigation is as follows: . Based upon the preponderance ofthe evidence, it has been concluded that the allegation that you made discriminatory comments regarding men in leadership positions in violation of the Washoe County Discrimination and Harassment Policy is substantiated.' Based upon the totality of the evidence, the allegation that you made inappropriate comments about the sexual activities of Washoe County staff in violation of the Washoe County Discrimination and Harassment Policy is substantiated. Based upon the preponderance of the evidence, the allegation that you made discriminatory comments related to sexual orientation of staff in violation of the Washoe County Discrimination and Harassment Policy is substantiated. All other allegations of inappropriate comments were unsubstantiated. Based upon the preponderance of the evidence, the investigator concluded that the complaint was made in good faith. ' The name of the employee will not be provided in the document in order to maintain the confidential nature of the investigation and confidentiality of those involved. a a a I J I
  24. 24. Memo to Commissioner Jung Conclusion ofApril 18, 2019 Complaint May 23,2019 PageT Human Resources has discussed the findings with the county Manager and will be closing out the complaint. Please be aware that washoe county does not permit retaliation against an employee for filing a complaint or providing information related to a complaint. Washoe County will not tolerate retaliation by management, employees or co-wofkers. Ifyou have any questions regarding the above, please feel free to contact me'
  25. 25. I861 WASHOECOUNTY HUMAN RESOURGES CONFIDENTIAL 1OO1 E9THSTREET,A22O RENO, NV 89512 PHONE: (775) 328-2081 www.washoecounty.us DATE: May 23,2019 TO: Kitty Jung, County Commissioner FROM: Patricia Hurley, Human Resources/Labor Relations Director P' t' RE: Complaints Filed Regarding Discrimination and Harassment Human Resources received complaints of discrimination and harassment dated Aptil4,2019 and April 17,2}lg.ln accordance with the Washoe County Discrimination and Harassment Policy and policy regarding Complaints of Policy Violations Against Elected Officials, Human Resources investigated the complaint using an independent investigator, Ms- Sandra Ketner, Esq. of the law firm Littler Mendelson. The investigation determined that violations of Washoe County policy occurred. Specifically, you were found to have made discriminatory comments about men in leadership positions, alleged sexual activities of staffand sexual orientation of staff. In 2018, the Board adopted the Washoe County Discrimination, Harassment, and Retaliation Policy. That policy states that Washoe County has zero tolerance for discrimination. The Policy states: "Remember, people have different sensitivities and personal boundaries. Show ,"rp.tt for others as required by the Washoe County Code. When in doubt, don't do it." The Policy also requires training every two years. The Board recognized the importance of a strong anti-discrimination and harassment policy as well as training in reducing liability for misconduct. Misconduct related to discrimination and harassment can cost the County greatly in legal fees, judgments and settlement payments' Such misconduct also leads to employee demoralization and is in direct opposition to the culture of respect and tolerance the County seeks to foster. your service to Washoe County is valued. Situations such as this offer an opportunity to reflect on your approach to staff and to "lead by example." It is strongly suggested that you take the Discrimination and Harassment training and refrain from engaging in similar conduct in the future. Additionally, retaliation against any employee or officer who filed the complaints or provided information regarding a complaint is prohibited by law. J I

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