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t WASHOECOUNTY 1 OOl E gTHSTREET, A22O
RENO, NV 89512
(775) 328-2081
PHONE:

t"'-+lc-r. t HUMAN RESOURCES www.washoecounty.us

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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.

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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.

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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.

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4L WASHOECOUNTY 1OO1 EgTHSTREET,A22O

Clobo ,u*
RENO, NV 89512
PH0NE: (775) 328-2081
HUMAN RESOURCES www.washoecounty.us
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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.'
uNsu$

a
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.
a 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.
a 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.

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J
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'
WASHOECOUNTY 1OO1 E9THSTREET,A22O
RENO, NV 89512
PHONE:(775) 328-2081
I861 HUMAN RESOURGES www.washoecounty.us

CONFIDENTIAL

DATE: May 23,2019

TO: Kitty Jung, County Commissioner


t'
FROM: Patricia Hurley, Human Resources/Labor Relations Director P'

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.

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