Escolar Documentos
Profissional Documentos
Cultura Documentos
Nove,mbec 23,2016
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 ae not contained within the Appendix tbat were still considered
in prqlring the Report. I received a number of documnts from John Gallagber, Esq.n counsel
for ltdr.
text message histories betwen Clinger and
nd
Some of those text mesages have bee,n
becn
to the Bates-nunbered 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 ffsume the documents are available to be acquired orn Mr.
Gallagher.
Other than those documents, I have not taken steps to redact information from the Report, or
from the documents in the Apprdix. 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
w rd
r(,o
oNrupryNrrAl,,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 Kmer Zueker Abbotf regarding the need for a
neuhal thid 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 ndings, 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 appoinnent would be
considered at a special meeting of the Reno C Council on Septnb ur 6, 206. On September 1 , 2016,
Mr. Keller in an email proposed the following language regarding the scope of services to be provided by
the investigator:
Neutrl fact findlng s &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 tngble items, Preparation of written report detalllng
fctual findings and any credibility tssesmen for submision to the Reo 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 frndin ad NOT
to apply the provisions of either Cify of Reno Polisis 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 Invstieaflon
The investigation stems from verbal complaints rnade to the City of Reno Huma Resources
Deparnent by the following City of Rmo ernployees ftereinaffer collectively referred to a. "the
complanantsn'):
c
o
&
Following these cornplaints, an investigafon was conducted by Reno atmey Alice CarnposMercado, Esq., ftereina.fter "Mercado-), culminating in a report dated July 21,2016. Affer correspondence
and converstions 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):
ofReno
Naomi
ofReno
ofReno
Anthon
Vice President of
Olive Grove
success.
In lieu of such interviews, I have examined the foliowing just to rlly identift the alations made
bythe complainants:
a
e
e
e
e
Notes of Human Resources Director Kelly Lerman, who took the verbal complaints
(Appendix, Exhibit 1);
Summary of interviews conducted by Alice Campos-Mercadoo Esq. as contained in her
Report;
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);
In addition, I have had the following conversations with counsel for the complainants to help
identify their allegations (not an exhaustive list):
o
u
Telephone conference with William E. Peterson, Esq.o counsel for complainants, on or about
September 18,2016;
Telephone conferences with Mark Mausert, Esq., counsel for complainants, on or about
Se,ptember 78,2t16, Septnber 21,20L6 and October 16,2.6i
It must be noted that rvith respect to the summary of interviews of the complainants as conducted by
Ms. Mercado, I rlly appreciate that they are not valid substtutes for interviews I tnight have conducted.
However, I intervicwed as many as seven othe individuals who were also interviewed by Ms. Mercado.
On many occsions, i asked interviewees whether they had in fact told Ms. Mercado certin things that
were contained in her Report, In virtually every instance, the interviewerelatedthat they had in facigiven
Ms. Mercado that exact information. It is with that underlying confidence that I ionsided c"ttrin
information given by the complainnts to Ms. Mercado as reflected in her Report.
*
o
to understand
20t6
Exhibit
i0);
Emals regarding the investigation from the les of Kelly Leerman, Hunar 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;
6
I,O
of
ztt6
Exhibir
13
Exhibit 14
October i2,
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 concen 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
"Statesrent by Andrew Clinger" dated September 8, 216, for release to press, Bates
numbered CLI-0521;
Copies
of
of
&
Ippendix,
Separation ",A.greement betweeri Andrew Clinger and Cify of Reno dated Septernber 14, 2016
(.Appendix, Exhibit 20);
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. Othe 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 C 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
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 ates
Certain dates are referred to by many of the interviewees, and are cenhal to an understanding of the
sequenco ofevents:
@
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
vins election to become Mayor of Reno. David Bobzien is appointed to the Council to fill the
vacancy created with Schieve's ascnsion to Mayor
&
6/21/16 - A Special City Council Meeting is conducted for the annual Performance Evluation of
City Manager Ardrew 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
.
o
6/29n6
Irnakes
o
t
C
7/3116
complaint
7/21/16
to Hunt Resources
t,o
7t29/16 .*
offce
fromlcitr
C. City Policies
-*pos
At all material times lrerein, the City of Reno had in place two policies
pertinent to this
investigation.
Management Policy 03, "Equal Emplo'ment Opporfunity and Non-Discrimination," generally
all employrnant related decisions are based on individual qualifications and merit, without
regard to racg cred" colr, national origin, sex, sexual orientation, religion, agg disability, potitical
affiliation, merabership in an employee association, or any other protected-class sttus under the law."
(Appendix, Exhibit 5)
ensures that
Management Policy 607, *Prohibited Discrimination" Harassment and Retaliation Poliey," generally
recognizes every enployee's right to work in an environment promoting equl employment opporfturities
free of harassmenl discrimination or retaliation, The policy goes on o broadly define and provide
examples of direct and indirect sexual harassment in the worlace. Further, the policy provides tht the
Hunan Resources office and the C Attomey share responsibilities for investigating sexual harassment
complaints and desctibes the procedure for such an investigation. A investigation may be initiated on
eitler an employee's written or verbal cornplaint to Human Resources. Notably Policy 60? provides that,
"Condentiality will be maintained throughout the interview process to te extent sonsistent rrith
conducting an investigation and determining appropriate corrective action." (Appendix, Exhibit 5)
On June 29,2A16,
s notes
wre unawafe
each other in a sexual tryy."
@
presence.
Furtha',Jomplained
fr;;
complained that
has been seen to enter Clingero s office and close the door
unaware of any legitimate business reasn
the CilyManagor on such occasions.
upset
her anger out on
that Clinger cretes such conflicts and does nothing to
resolve them,
s ineffectiveness is shorvn by the fact fat he has
allowed unqualified individuals (like
to "sleep their way into the job they're in."
sees this as evidence of Clinger's lack ofjudgment and professionalism.
2t16,f**
on July 12,
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 oltained duringher interview
off
She indicated that she had not reported this incident for over a
of the Mayor s meeng on
v"*- moved
She was
to reportfre
harassment and afler speaking with
Regarding Clinger's general behavior, she described him as "smarmy" and "flirtatious" and of "no
substace." 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. $he has heard rumors of a romantic relationship u"trp""nlun tine;t
but has no evidence thereof, other than what she beleves she heard in May of2015.
latso
Wheir asked what she hoped to see from the initit investigation,Iiodi*ted that she wanted to
see the truth reveaied, and that thee might be consqgggges for the "dysfunctioning dynamic"
affecting the wollace. She also wanted Clinger *df
held accountable for noidcing their
jobs.
had on te office
* I_complained about the manner in which the investigation rvas handled by Cty officials,
including the fact that City,A.ttomey Karl Hall failed to protect the confidentiality of hr claim by
apgrising Clinger of the nature of the complainllas well as the fact that
been the one to
E
fiIe i. She believes that Clinger told others offiOentity as the complant, which made the
workplace even more unccmfortabl" fotl
complained that she believes the Cify policies require that the City Council and the
" ffurther
Mayor should have
n frecnnmended
that
witness" in the investigation.
be interviewed as a "critical
B
On Julv
l*aa"
L,2tl6,
1).
involved in a
cne another and based on
the fact that many other co-workers have asked her about whether the two are involved in an
affair.
especiaily
related that
asked
&
Ib1dLeermanthatshebelievedCIinger'sincompetencearrd1ackofleadershipcreated
a hostile, ineffective and comrpt work environment. Further, she believed Clinger made
"scapegoaf ' for af of the inappropriateness.
Ithe
On July 8,2016,E"as
interviewed by Alice Cnmpos-Mercado a.s part of the initial
investigation of these complaints (Appg!4.Exhi43). Mercado's reporl reflects the following additionai
facts obtained dwing
"r
theinterviewoftold Mercado
2015 bstween
enc,ouragedlto
Resowces.
6
10
. Itoid
Mercado that Ctinger did nof treat people differently based on gender. She
decried the lack ofArofessionalism and effectiveness in the ofce, and the fact ttrat certain
on favortism rather rhan comperence. she
m:$tG"r,J:i"based
. Iconceded
In an email dated July 2a,zarc,|f,outlined for Leerma instances of ongoing conduct that
constituted'hostitifiund-reta]a,tio!-li4ppendix, Exhibit 3, attached as an exhibit to
Ibefieved
of
Report
Investigation). In that email,frehted the following:
"This email documents what I have been experiencing in the wake of notifung yow ofce
of my worlace environment conditions:
-Mercadok
1.
not
3. I learned
last
I feel strongly that had the cify's investigative process been conducted confidentially,
city policy requires, I would not be experiencing these conditions."
In correspondence dated September 28, 2t16,
Mr. Keller of Kamer Zucker Abbott and elaborated on
Some of the additional allegations include the following:
as the
l1
as evidence
of
referred to
fuehalf
descrio*uf
hdauserr, oo
ire toward
denigrating remarks and open hostility as wellas a refusal to speak
C.
OnJ
20r6
Resources Director
Intst
become a victim
of
retaliation
of this
angered
says one reason she feared retaliation is that Clinger feats her badly already. She
believes he uses power over women to "keep them down."
described a
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.
records
not
12
use
asked
deleted it, she told Clinger that she was martied and didnT want
him make anymore advances on her.
an inciderrt in
Itti"
I^ritnessedthis
After e 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 d I will take care of it."
Iindicated
Council members.
S he
forbidden female
Council,
On July |L,2016,
investigation of these
facts obtained during the interview
I
came to her
13
Mercado
him."
6
,Iindicated.
that Clinger doesn't care about her, and that "if's all about
Regardingthetextingapp..Telegram,''faddedthatwhenClirrgeraskedhertosend
a photo of hersel{ he did not indicate that it should be ude or sexual in nature. She could not
identify what was in the sexually inappropriate texts he
texts were uncomfortable for her when she received them
i}
her and
his
t"g,I
Regarding the rneeting qt-the_gfFe ar when she alleges clinger rubbed rro
indicatedihat sh
she told about the incident, not to tportlt
prefened to handle the situation on her own.
utkIwho
as;h-;
I*ld
Mercado that Clinger looks at her in way that makes her feel uncornfortable
and that he once told her that her skirt was "distracting." She offers that men lnve heated her
disrespectlrlly before, a:rd that she feels responsible for Clinger's behavior.
the
not
While
sriticized fhe manner
Mercado that the decorum and
r/as
in which Clinger
at the Cify
s1nce
performance,
values and
interview,Isent
to be a
l4
forward to a few of the highest pawers in our organzatioa (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 concsns has landed me a prirnary spot in a sexual harassment investigation, which
was never my intent."
In
to
the
Are u asleep?
I
AC:
fust saying
it!
On my way
Get me a roon?
Room?
AC: Not
nrer"
AC: I'll
aroll awaybed?
be your coach
i5
am imagining
(Appendix, Exhibir 3)
In correspondence dated Juiy ?.6,2016,
attonrey lVilliam Peterson, Esq., wrote to
City Attorney Karl Hall regarding the allegations that had
made (Appendix, Exhibit 2). Regarding
r-XI Xcr:iag"a ,r*rrrr"*
Clinger, Peterson wrote:
I*O
of
wrofe to
1n
is a very bright woman and saw that the only way to ftnction well, and be
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
safe, was
of materials
-'"ported
V. [nves{atoqy luterview
Dwing the couse af this investigator interviews were conciucted with a numbsr of individuals
iI, above) either in person or telephonically. The interviews were not recorded.
(see Section
At
the beginrdng of each interview, I told the interviewee that I had ber 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 te individuals involved in the case. A,s a fact finder, I was tasked with determining relevant facts
For each inerson interview, the interviewee was glven a one-page form entitled "Introductory
gmyents 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 Confidential
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
of the contents of the form or read it verbatim to
^recitation
the interviewee. All of the individuals I attempted
to interview decided to go forward with the interviews
after receiving this form.
I6
The following are summaries of the intfliews 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..
On September 27,2016,I met with Andrew Clinger at the office of his attorney, John Gallagher,
Esq. I explained to Cnger the purpose of my interview and shared with hm 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 ans\rysrs 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 Ofce, in other
positions, since 1997. He was first contacted for the Reno C 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 ware of the nature of the claims that have been made against
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 sad that upon receipt of the documents,
he immediately forwarded them to his attomey, Mr. Gallagher.
him.
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 mong female employees is "completely ridicuious" and unblre. He said he never
operated that way as City Manager.
was 'rofessional
tu/o
Clinger was asked about the text rnessages &om January 20,2AL6 (quoted above in Section W(C))
between i,* IHe
indicated that these texts were n his r*$dr cell phone texting feature and
not on any other texting platform like Slack or Telegram. Regarding this text
said he
was in TVashington, D.C., on Cify business at the time when he received the texts
He was
"caught offguard" by the somewhat suggestive nafure of the texts, which Clinger construed as
Ciinger said he had
occasion after tJris,
photo
was sent using the
"semi-clothed'
text has not been preserved, since the nare of Telegram is such that texts dsappear after being read,
17
Clinger said the neither the texts received while he was in Washinglon,
were invited in anyway.
nrr
Clinger said that any alation that he made any romantic or sexual advances on
"absolutely'o untrue. He provided me wth 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.
ro.Ito
said,
that he touchd her leg one or more times duriag the meeting,
e\er." He also understands that this conduct is alleged to have been witnessed by
said the allegation is unlrue.
was
file a police
wsre
in the allegations. He
wer rumofs rn the office about a relationship
has been implicated
acknowledged that it
Regarding his relationship with
is different than his relationship with
"an honest
with
it
romantic
relationship, ' such that he knows "she'll be real
me." He said has never been a
gs)fllal
as
but he is awme that rumors of such a relationship existed in Cify offices. As
given him inforn, aton that she'd heard tlrose rumors
Clinger "blew it off' as idle talk among employees.
he said
Since there has never been any trye of romantio
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 occurred, but he is adanrant that no romantic qglgltqqp has ever existed befween he and
I requestd Clinger's text message history witnlyrrich was provided to me from his
attorney's office about a week after ou interview.
said that
nIether
was
recalled
sincelwas
that
the charrges,
Clinger said
said he told
and
FrilrriEn
wit}
1S AWAre
lryAS
ngry
both Clinger
's awre
Clinger said he had several meetings with
ferv months , to try and ameliarate the issues
with Cnger and
professionaJly
she had to be able to comrnunicate
with
lied to accommodate
so Clinger
no such issues.
and said
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 mor. It was using this app that Clinger said he received a suggestive
photo o*Iwhich
of cowse can no longer be retrived. 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 evffitully made against
him. Hebelieves that the combination of a casual worlace, a private text platform and a more casual ut
not romantic) relationship
leave him open to accusations like thc oncs that have been
made.
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'frr" lmong some female
mnagers 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
rnnagers.
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 tlked 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
disturbing." Beyond that, e Mayor gave Clinger no specifics.
That aftenoon, Clinger met with Human Resources Director
if
Leermar!
they're true
it's
very
who
same
hours at
Duen's
lHan
2t
On or about Julv 13. 2016. 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.
fcliFr-"iMercao
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 Cling'. The bad news was that
given the allegations made in a leter Hall received from the cornplainants' attorney, they rnight have to
rnew the process and begin a second investigation.
Clinger said he understood by August or September that he could no longr mnege in the Cty,
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 n evsn greater extsnt, even if he were ultimately successfirl.
an
effort" between
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 f 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
attegtio,lsgainst
-ut*
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 membe may also have
spoken with the complainants befure or dwing the fist investigation period.
Clinger said
2t
probably thougtrt that the Council might remove Clinger during his
when that
told him that
Further,
the conspiracy to
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 (Appsndx, 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. Agan
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 Duerr was interviewed at her home n a rvide-rarging 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 prepred by special counsel for the City.
She was concerned about potential retaliaton &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 secor
as a maager of several entities. She didn't know
well until after she was eleeted to the
Council and says she met Clinger
before the
general election in 214. She dessribed Clinger as "a nice gut'' who got nothing donE which frustrated
her. She describes herrelationship wth 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 communoation between the Council and City stafT to go through
him, Courcil members would tell him what they wanted dcne, he'd tell stff members, they would respond
back to Clinger, and Clinger would respond to Couacil. Duerr found that process cumbersorne and
ineffective.
She
Additionally, Duerr began to notice that female staff rnembers didn't talk to her or other Council
plenty of conversations with male staffrnsmb"*,
no direct contac't with
female staff members. She notes tlrat she had few if
converations with
Duem
said she
lack of communication
te
of
silence."
She
Council members and female stafi as
"ctne
once and was told uv
Clinger won't let her talk to Council members, and that she feared
approachedld.irectly
Ithat
22
being fired if she talked to tLem. Based on her conversations, Due believes this was limited
managers and is evidence of how lryomen were teated in the worlace under Clinger.
to fanale
Duerr said Clinger could be "caustic." She related a lunch meeting with him, whee he told her she
was micro-managing him. She said his comments were disrespectfirl and hucfiI, nd "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 wiressed 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
rekhus apparently had, even though she said Brekirus "begged me to," so that Brekhus wouldn't be on an
island at the meeting.
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 Manag. 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,
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.
she had another convcrsation
Prior to the June 13, 2016,lunch rneeting with Clinger, Duerr had reviewed the results of the
aronpous 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 red, but Duerr asswed him she wasn't ready to fire him.
2At6, Duei'r had
a meeting
*ith-who
initiated
it.
was
According to Duerr,
ultimately be fired.
She
if
she'd
fdro
told her
this
discuss
thef
talked about
Duerr that
to "go offon
to Duer,
turned her attention to Clinger
repeatedly said, 'ol'nl done
reinforced Duerros idea that Clinger didn't treat female mangers with respect.
Then,
Duerr said that she has no direct knowledge or eyidence of a romantic or sexual reiationship
between Andrew Clinger
numbr of city employees have asked her about it.
She "speculates" that it's a comfortable relationship, "maybe sexul and maybe platorc," or "maybe iike
brothei and si$ter," b:t in any event very infonnal in nature. She believes that Ciinger has
sign:ificant favoritism in her employment with the City, which she believes has had a negative eFtect on
*tdfbut
s$a
shownl
City staffmembcrs.
said she also alked 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 mng,s (i.e,, making then reluctant to talk to Council members).
Duerr denied having a meeting
In preparation frr Clinger's per{ormance evaluation on June 21,2t76, Duen also had conversafions
with other Council members. She tlked 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 Cnger 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 statemrt,
referring to the anonyrnous employee survys:
"There's a sense of fear I've sensed in some of these comments; I'm
sfuff. I really think those are some areas that need some focus work.
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. faybe I'm sensitive to it, being a female manager * mae oversensitive to it. But if there's r 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 althoug 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 te meeting
based on three ncide,nts having occurred over a short
of time: 1 an incident involving an
inappropriate text having been sent by
reported
'w
that the Mayor told her about this
was
as
to
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
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
-told
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 ssumed it was
that made it, because I
nd Duefl had told her to go to Human
had been
if
she had an
she told
Duerr
made complaints, but she wasn't told
formally until
members on July 19, 2016. Even at that time, Duerr
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
1ryomen." She also said that she didn't know
"thtee ethieal,
and
ol'
well.
Duerr said Hall briefed Council members on July 2A,z\rc. 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 opinon that a second investigation mght 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 ouched."
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 awre 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 agry 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 accountble. 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
22,2016, Duerr saw Ciinger al a City firehouse dedicaiion event. She
also saw
as she spoke with Councilwoman Neama Jadon 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 ught not to be in the office. Duerr sid
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 ard 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 retlation. 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 gven 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 vhch employees were encouraged to come forward
they had been subjected to sexual harassment or retaliation.
if
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 yomn a certain way, and that he has no
recognition of the effect it has on them.
of
with
goes to
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
just *""king attentionom clinger whe.lr she
shwn the text by clinger. Duerr thinks thutlwas
sent tbose texts, which she felt she had to do to get along. Duerr doesnot know if there are other texts
between them.
Like
and
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 maoger,"
.Among her fellow Council members, Iluerr theorizes fhat Councilman Oscar Delgado likely does
not believe the claimants, based on cultual reasons. Altematively she believes that Delgado would find
the cornplaints to be relativeminor.
which
Duerr said Councilwoman Neoma Jardon thought that tle allegations were not that significan
Duerr
Jardon has a
in Human Resources. Duerr told ms that
's mind
lne,
l,afi
about the significance ofthe allegations.
uerr believes that Mayor Schieve, Councilwoman Brekkus and Councilman McKenzie all believe
the
complainants.
the complainants' version of events. She canot predict whether Councilman Bobzien believes
Ifeets
,hutlir'l
Overall, I found Councilwoman Duer to be passionate about her beliefs ad &rvently supporfive of
the complainrts. 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
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 2A9, and then worked in the privafe
sector as a consultant fiom 2009 to 20L2.
27
Brekhus did not know Andrew Clinger until her first day on thc Council. She said she initially gave
him a fir 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 experieced 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 filed to uncover a multi-million doilar surplus that would have made the layoffs
urtnccssery, 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 Clnger had no experince in the issues that face a growing city like Reno.
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.
By
Brekhus was in attendaoce at the June 21, 2A16, City Council meeting to discuss Clinger's annual
prformance evaluation, She was the only Council member vho filled out a written performance
evaluation, which noted a number of areas in which she found Clinger deficient in his perfiomranee
(Appendx, Exhibit 7), She noted that he ooneeds to work to foster cooperation among the members of
Council-" Also, ool ar 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 rnre 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 tht she compieted her written evaluation that
Clinger was not honest and forthright- Brekhus' own evaluation fonn did not raise any issu of sexual
harassment, as she was not aware of any such issues at that tirne.
Brekhus indicated that she had brnught mny 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 beng up to the job. She did
not hide her belief, and told othrs on the Council how she felt about Clinger. Shc is not aware of whether
other Council members also wnted Clinger out. Brskus 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. Brelus said that the Mayor has publicly supported
Clinger while privately having conerns about his performance. Brekus described that dynemic as "not a
positive working relationship," in prt because she believes that the two most important finctions of the
Cify Council are the City's budget and {lhe hiring and supervision of a City Manager. Brelus 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
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 informtion 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 Counc renewing Clinger's contract.
Brekus did not attend the June 22,2016 meeting called by the Mayor to address the City's sexual
policy. 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
harassmeart
issue
Brekhus did not have auy conversations with any of the complainants about teir complaints before
they wete fi1ed with Human Resources.
called her
far not listening to
tn*Irome,
29
Brekhus recalied speaking with Anthony 'I'ansimore of the Olive rove consulting firm, and said
she told him "the same things rs everyone else." She was not happy to be tlking 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 \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 commnt about the
City Manager, Bre*fius got a call from Clinger the following ay, 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 uerr 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 retalitoryrnotives against \omn.
Brekhus said she has never seen ny evidence of any issue with Clinger involving alcohol, aud is
adamant that she never told anyone, including uerr, such a tbing. She is rvare 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
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 truthflress of their allegations. Coliectively, for
acted
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 ptting the chair forfto
sit next to him, or sending or receiving juvenile txts or
chats, ad 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
if
he
flrch
but
were in
with
it would
a
to Brekhus
why
Brekhus said
she knows of no evidence that Clinger and
were in any type of personal
relationship.
Bre*hus said she had conversations wth
frushation with Clinger's performance as
s
some
directives but followed them "like a
soldier." Bekhus suggested to other Council members that
about
"it didn't
D. Councihvoman
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
30
Jardon was in attendance at the June 21, 2t1,6, City Council meeting to discuss Clinger's annul
perfor:ance evaluation. Shc had not fi1led out a writfen performance evalutior 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/olen, generally.
At the public meeting to discuss Clinger's performance, Jardon's cornments were mostly positive.
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
She noted that he had o'steeted the ship through
Prior to the June 21, 2AL6, meeting Jardon had revewed the results of the anonJmous einployee
srrveys and noted nothing that wouid suggest any issues of sexual harassment among Cify staff. She was
therefore surprised when Duerr made a coment at the public meeting that there was an issue of "faro'
snong 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 ceain 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 '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 mebers of the Council that wanted Clinger out as CityManager.
exc,pt
.r-rr.r,, f
rld.vr-l^l 1
altogether unusual when t came to
Jardon consoled
was told,
on to tell Jardon
did not defend
conduct
considered herself
Jardon
that during
31
tbat since shs oftn ssmed unhappy, perhaps she should consider
f
that made her
She made this comment because it seemed to her that
job duties.
allegation
away,
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'.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 mnage 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 re part of a plan or conspiracy to push Clinger out as
C Manager, Jardon says she has
this but has oono definitive
' She has head from others
that Duen, Brekhus and/or
urged or promoterd the
complainants to make their
to support
She finds the timing
of the complaints odd, having occurred just after Clinger's performance evaluation, as though certain
to vote him out than we have to." Jardon said she
decided that, "if the Council is not
in her suspicions because
She said, "it wouldn't surprise
me"
Jardon said no one has
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.
October
21,2t16)
32
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. McKenze's public comments \ilere somewhat negative toward Clinger, as he
discussed not seeing progress on issues important to Council mo:rrbers. McKrzie questioned whether it
\ryas a communication issue or a motivation issue, and discussed certain Council priorities "falling through
the cracks'o during Clinger' s administation.
During our nterview, 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
hm bout concerns about Clinger among Cify staffmembers. She did not bring up any issues of sexual
Clinger's coa'act was renewed. McKenzie recalled that during this conversatio1" 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 *fea" among female staffmembers. When she said it, he had no
idea what she was talking about, He was not aware of any femle employees being in fear.
At the meeting, McKenzie was part of the Council's unanimous vote to rene\ry 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 hd Duerr's vote and Counciiwaman Jenny Erekhus' vote, but he
needed one more ad 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 conact should've been renewed.
McKenzie said he didn't meet wit'h any of the complainants prior to their complaints being fled.
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 'olkely a witch hunt by disgrnntled
employees." McKenzie found this comment by Hall to be inappropriate.
33
2l
McKenzie sad 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
inappropriate, but it's genuine and friendly on his
and is not in
motivated. He thinks
Clinger is te same way. He also mentioned that
Councilwoman Neoma Jardon and Mayor Hittary Schieve might also
into that category. McKenzie said
not in tat category and likeiy wouid 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 Clnger being that way,
-s
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
noted that on one of those instances (the
"elevtof incident) the eyewitnesses said ir
't happen. On the othe incident (the "leg touching") he
noted that there vas an eyewitnessJ but that the witness might be biased against Clinger,
McKenzie said that after reading the Mercado retr)o, he thought there was enough in there to
warrrt "sitting Clinger down and having a conversation" with him about the events. In McKenzie's
the two
that bothered him the most were:
once
wre
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 tht 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.
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 yers. 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 Councl members who had been
in office for a lot longer than Delgado. Delgado said that after the 2A74 elec1oos, there was essentially a
34
"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 nw "srt of a kadition" to have a beer at a local estabiislunent after lcng Council meetings, and that
Delgada, Councilman avid
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 C Manager, Delgado responded
affirmatively. "Generally when I asked fr sornething, he responded." Delgado said that as a Council
meutber, he tried not to become involved in the day.to-day operations of
of the Council tended to "micro-mn"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 tht
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 mmber 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 nonyous employee
surveys and noted nothing that would suggest any issues of sexual harassmert among City staff He was
therefore surprised when Councilwoman Duerr made comments at the public meeting regarding 'Tea"
among "female managers" on Clinger's staff Delgado had no idea what Duerr was talking about and had
no awarsness of ay fear among female maagers.
Delgado did not attend the June 22,2016 meeting called by the Mayor to address the City's policy
on sexual harassmet. He first heard about the
about a week after it
and has heard that it
was called
35
Delgado described
contact with her in his years
as
City. He
"cold but
Deado recalls speaking with Anthony Tansimore of the Olive Gave 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
v\tae 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 'robably 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'U',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.
was
G,
has
close
telling employees
he became awae
fili
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 C Manager Andrew Clinger during lobzien'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
conduced Clinger's arrrual performance evaluation. He had not filled out a written perfiormance
evaiuation, as Counclwom 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
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 higtigbt a culture
of positive motivation and morale aong City staff. He descibed 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
I knew, yes."
As of Clinger's June 21, 2A16, performance evaluation, Bobzien \l/as ar/are that some Council
members dd 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
tt
C staff
few favored" indivduals. Bobzien
mcntioned
as one of Brekhus' favored employees,
although Bobzien was quick to point out that he didn't disagree
was doing a good job for the
L.rry. .,'e JusL noro [nar I**
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 ws 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 Brelus or Duerr.
thatl
. As of Ciinger's avaluation" Bobzien said he was genrally a\ryare 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 C Manager. He had spoken with Mayor Schieve in the days prior
to the meeting and both wre concered 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 productve 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 haassment 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 mangers"" Bobzien had no idea what Duerr
was referring to, and his first thought was, "Holy cow. Are we getting sued?" He desoribed fe comment
as "an instant red flag," but had no idea what she was talking about. He was unaware of
fear
female
was
some
He
&wfe" of
part
.
he
government
scontent was
staff should simply be concerned with
getting the job done for the benefit of the City.
('fbar"
comment, Bobzien said that if she had inside information about one or
Regarding Duerr's
more female managsrs having teason to be in fear, she should have shared it virith Council membe 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 othe-wall, shoot-from-the-hip statement she's made" at 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 gon or she
37
simply knew she didn't have the votes to oust him and didn't wnt to be considered the political outsider by
voting against the majorify.
Bobzien did not attend the June 22, 2A16, meeting
regarding the
City's sexual harassment policy, although he heard about it after the fact. He did not believe that the
of that
had
to do with
but related it to an inappropriate text sentl
Bobzien said the Mayor told him about that
incident and indicated that Clinger handied that issue appropriately
and had
o'a
he was generally
frushated
the
as
surrounding
lssue
withJeuet
Bobzien sad he had no meetings with any of the compiainants prior to the complaints being made,
and has not met with any of them since the complaints were filed. He became ware of the complaints
almost immediately after they were filed through te "buzz at City Hali." His position was to y to
"sequester" himself from the investigaticn to "let the process work itself out."
Bobzien recalls speaking with a staff menber of the Olive Grove consulting finn during May or
June of 2016. He said he defended the City Manager and his staffdudng those conversations, and said he
otrered some criticism of how the Council worked. He did not tell 01ive Grove that at least three members
of the Council were out to get Clinger.
During the interview, Bobzien said he has never seen evidence of Cliager abusing alcohol (or ny
otlter substance). He said he's had a "front ro1ry seat" to observe Clinger, since he's been out socially rvith
him, usually afier Council meetings. He said he's never seet Clinger drink foo much, never saw him drive
dnnk and never saw anything to suggesi that alcohol interfered in any way with Clinger's professional
obligations.
He said that he has never sesn Clinger treat any female ernployee (or any womn) in a disrespectful,
inappropriate, sexually offensive, discrtminatry or retaliatory manner. During our conversation, we
discussed that there are some men we might not want our sisters or wives to associate with, and Bobzien
said Clinger was "definitely never in that bucket."
38
Vhen asked whether, based on a1l of his knowledge, he thought the allegations against Clinger were
true, Bobzien indicated that he has tried hard not to decide that issug because he believes that the Council
becomes fractured once rnembers take sides on an issue like this. Whether all of the allegations re kue or
not, Bobzien said it points to Clinger's failure to manage his staffby either committing the acts alleged or
"allowing this tool for someone to make allegations to create leverage." He believes it is possible that
others encouraged employees to make complaints to "crsate leverage or a mutual benefit" for those making
the allegations. After reading the Mercado report, Bobzen said his impression was that the allegations
aight not be true because of inconsistencies he noted in the complainants' positions.
Bobzien said he's seen evidence that
interested
in
City Manager Andrew Clinger was already in his position whr Mayor Schieve fist became a
member of the City Council, and she didn't know him welt before takiug office. Between 2012 arid2A,
Mayor Sehieve noted that Clinger was more closeiy affiliated with the former Mayor, and during that
period she believes she observed "more push back" om Clinger, at least in part because she was a womarl
on the Council. Clinger seemed more attentive to her requests once she was elected Mayor.
Prior to the June 21", 2016 meeting of the Council to consider Clinger's annual performance
evaluatiol, Mayor Schieve met with Clinger and told him she was concerned about his evluation. She
knew that Counciiwoman Jenny Brekhus wanted Clinger out, and had for a long tirne. Mayor Schieve also
had concems about how Councilwoman Naomi Duerr would address Clinger's performance at the public
meeting.
On June 2A,2A16, the night before the performance review, Mayor Schieve sent the following text
to Councilwoman Duerr:
'oAs for Andrew's contract I am not going wrth a temporary conhact. Jenny again trying to
make this counoii completely unsettled and you mark my words this will backfire on her. Again
.Ienny is out of line. Andrew doesn't deserve this treatment and I am not going down any witch
hunt path with her."
Mayor Schieve said she felt as though Brekhus ["Jenny" in the text] was out to get Clinger and
would make a spectacle of the public meeting by being over-critical of Clinger. She had heard that
Brekhus was rallying votes against Clinger's contract renewal and Mayor Schieve thought that was
inappropriate.
That same night, Mayor Schieve had a tele,phone conversation with Duerr, who explained that she
ras not h*ppy with Clinger. At no time dudng that June 20 conversation did Duerr mention anything
about an allegation of sexual harassment against Clinger.
Mayor Schieve was present for the June 21, 2016 Council meeting for Council members to conduct
Clinger's annual performance evaluation. She had not filled out a written performance evaluation, Ls
Councilwoman Brekhus apparently had, but preferred to make her comments orally at the public meeting.
She had reviewed the results of the anonyrrous employee surveys and noted nothing that would suggest
aay issues of sexual harassme.nt amng Cify staff.
At the meeting Mayor Schieve's commnts about Clinger were mostly positive in nature.
She
once told Mayor Schieve, "I can't talk to yor i'11 get fired." Hortrever, Mayor Schieve
said this reluctance was not limited to female staffmembers. Apparentiy, male staffmernbers were given
the meeting lvas over, Mayor Schieve sought out Duerr fo ask what her commrt was all
about. Duem was upset and crying, but wouldn't ansrryer the Mayor's question about what led Duerr to
make the comment-
ofa
application.
Upon hearing all of this, Mayor Schieve noted that she wasn't af i/are of what ttre City's policy on
sexual harassment contained, She surrnised that the protocol likely didn't call for employees to bring these
complaints to Council members like Duen. She also wondered why Duen'hadn't come forward with this
inforrnation earlier.
two
to
recent
Mayor
these issues had been handled 'overy
that Duerr had revealed the night before, Mayor Schieve decided to quickly call a meeting to review the
Cify's policy on sexual harassment. Cormcilwoman uerr aftended the meeting, but nct because Mayor
Schieve asked her to bc there. the said she gave Duerr the option of staying or leaving and uerr opted to
stay.
After the meeting, Clinger asked the Mayor who had been saying things that biggered the meeting.
Mayor Schieve \4as aware that Clinger would be asking staffmembers if they'd said anhing, but she told
Clinger she couldn't talk about it. She can't recall if she told Ciinger that Duerr had toid her things that
wre very disturbing to her, but she knows she didn't mention any nrmes to Clinger.
On that same day, Mayor Schieve talked to
about what Duerr had
said and they discussed having the Polce De,partmeirt's Internal Affairs detectives investigate the matter.
The Mayor also discussed that issue with Cify Attomey Karl Hall, who said that the investigation should
not be conducted by the Police Dartrnent pursuant to the Citypolicies.
Mayor Schieve said she doesn't believe she bad any meeting with any of te complainants prior to
being filed. She believes she heard of the first complaint from Clinger himsel{ who told her
it. Mayor Schieve said she was surprised for thee reasons: I she didn't know
who
2) the complainant was someone other than
based on what the
previously
Mayor
head from Duery and 3i Clinger knew the
complainant, since that
\/as supposed to remain confidential. She also thought that apparently Clinger was uaware that a
comptaint fro-Imight
also be on the horizon.
Mayor
her that they've seen
The
desibed
as
who
The Ma
ln her
that
months
of the hostility
that
is awarc
handled that issue badlg as he
Mayor Schieve believes
was exposed to over the next few
She
Mayor Schieve said she read th Mercado report. Before reading it, she had thought that
conclude that there ws no sexual haassment but that a hostile work eirvironment in faci existed.
it might
4l
The Mercado repo contains the series of text messages between Ciinger *dlin
January
af 20t6, while Clinger was on a business kip to Washington, D.C. Mayor Schieve said she tvas on the trip
as well, but Cliuger didn't show her the text messges at that time. She said Clinger showed her those texts
in July of 2A16, once the first investigation was already underway. Clinger told her there were texts, and
and
Mayor Schieve spoke with Anthony Tansimore of the Olive Grove consulting firm regarding
concerns about the dynamic between the City Council and City employees. She said she is not surprised
that Tansimore would say that at least three Council members wanted Clinger out as City Manager.
Mayor Schievc told me that she has never seen Clinger treat a woman disrespeotfully or with any
sexual impropriety in fiant of her. She's never seen Clinger touch a \ryoman in a marrer she thought was
inappropriate. She didr't perceive him as ary type of 'lvomanizer," but thought there was a culture in the
ofce o{ "if you're nice to him, he'll be nice to you."
Like Naomi uerr, Mayor Schieve said that Clinger made derogatory statements about the
complainants to her and threatened to take revenge against thern. These statements greatly concerned the
Mayor.
Regarding the allegations against Clinga, Mayor Schieve said she believes tlat there was hostility
in the work environment, at least in
due to the actions of
. She believes Clinger'layed one
wcman off on anoter," and points tc
as an example. She thinks that the
complainants, among otl.e$, likely wanted Clinger out and
went to Duerr vvith fheir complaints
before Clinger's performance evaluation. Then, when the Cauncil renewed Clinger, the complainants took
matters into their own hands. After obtaining infornation on how to file a conrplaint during the Mayor's
sexual harassment meeting, the complainants collectively and collaboratively carre forward.
I.
Kelly Leerman
Prior
has been Director of Human Resources for the Cify of Reno since.t'
in the Human Resources
Las V
Andrew
not to talk to
of2015
Council
Counc were
men.
Leennan said that as City Manager, Clinger lryasn't all that interested in what individual employees
did for the City. Rather, she said that it was always necessary to be deferential when talking to Clilger so
as to be able to keep his attention. She doesn't believe this issue rvas
based, but was just an "ego
issue" with Clinger. Leerrnan said that
have essentially told her the sarne
things about Clinger, but that they may have approached
attention" in different ways
I*
at the
was
about
it
nof
Leerman that
Leerman
said]"um"
ifIlhud
tr,*h*
On June 21, 2t16, the Council held a public meeting to consider Clinger's annual performance
'With
evaluation.
the help of Human Resourcs, City staff members had completed an anonyrnous srrvey
on Clinger's performance, the results of which were known prior to the meeting (Appendix, Exhibit 6). At
some point befoe the June 21 meeting, Clinger had come to Leerman's offi.ce with the survey results,
asking her questions about why someone might have said certain things about him. For instancq he asked
Leennan why an employee might say in the survey that Clinger was not forthright. Leerman felt that
Clinger was "fishing to know who said what," but instead Leerman recalls giving Clinger personal
examples of ilstances where Clinger hadn't been forthright vith Leennan or other
cited the
the manner in qhich he swprised everyone
Leerman was prcsent at the June 21 meeting and actually introduced the suwey results to the
Councii and invited their comments. She head Councilwoman Naomi Duerr make a cornment about
she didn't know
"fear" among female managers in rhe city
what Duen was
Leerman surmised that Duerr was
Duerr had appare,ntly had contacts with both prior
to themeeting.
On the following day, June 22,2016, the Mayor cailed a meeting of
discuss
sexual harassment and retaliation policies- Leerman wasn't at the meeting but found out about it
shortly after it ended. To her
was called based on flree recet but unrelated
the
C's
evfitts: I
43
*dlhad
fand/or
having heard
such conduct might have been seen to be tolerated.
Leellnan said Duerr was at the meeting, which was unusu1l since Council members don't usually
mx with staffmembers at such meetings. Leerman is aware that the City's policies were reviewed at the
meeting which inciuded instructions to ennployees to take afly concems or complaints about sexual
harassment o rstaliation to Human Resources.
ututf
over
are to
that
messages disappear after they were read. This was the first Leermen had heard of any City employee using
such an app. Clnger said he found one platform but few people used it. Then he found a second one and
%t!:#n
Leerman later asked
confirmed that
had
downloaded it onto
ernployees, who vgre
messages secret. In response,
tell Clinger "no" lphon he
tffi:J'-i0"ffiff:*:aid
sonre messases he
got from
*pp.f
TVhile Clinger was in Leerman's office after the Jtxn 22 meeting, he retbrenced the comment Duerr
had made the night before about female nulnagers being in "fear." Clinger toid Leerman that he had to find
out who Duerr was talking about. Leerman suggested that she might canvass the fifteen employees who
filled out the anonymous survey, to ky to find out who was upset with Clinger, although she realized that it
would negate the anonymity associated with the survey. Leermaa never got a chance to begin the canvass,
as one week later the first complaint was rnade.
44
onJune2l,2u6,},amtoLeernn'sofficeandmadetheinitialconrpIaintagainst
Clinger (see Section fV(A) above). Leerman saidldescrbed the incident occuting in 2015 to
Leerman as though she gd seen it and not just heard it. Leerman said she didn't know until she read the
Mercado report ttratlrad onlyheard it without seeing it,
After f
left her of8ce, Leennan called City Attomey Karl Hall, wto slre understood had
conducted the sexual harassment
the Mayor one week earlier, and told him about the
complaint. Leernan told him that
ilas likely 'the first fallout" from the sexual
harassment
told
about
complaint.
Leerman
aware that
this time period,
having ongoing
Itot
On Juiy 1, 2016,Icame
to
il;idJ;ih-
i"I
"
"the one
but said
when
As of the date of
treatingladly
kept secret in the
some time
responded
by'
fuaa
Following her discussioa with City Attorney Hall about the complaints, Leerman was critical of
Hail for telling Clinger the nature off
complaint and gtving Clinger her ide,ntity. She had previousiy
discussed with Hall that they ought not to do that, but Hall did it anyway.
45
Icame
July 18,
to Leerman's office for a meeting regarding the ongoing investigation.
upset that other employees knew she had made the complaint and complained about the lack of
confidentiality of the
Hali came to Leerman's office during the meeting and
joined the convssation with
Hall that he should have told the entire City Council about
On
!*as
the allegations against Clinger, but Hall said he would have even more difficulfy maintaining
confidentiality if all of the council members were aware of the allegations.
Eleven
after that
stolen om her
of an email &om
lVhen
received the eurail and a host of other case-related documents
the issue
that point because she was avare
wi*Iat
didn't addess
an attomey
ved.
Regarding the allegation that Clinger was the victim of a conspiracy to rernove him as City
Manager, Leennan said she beliwes there was certainly some coordination in the ffianner in which
complaints were made. She said that emplcyees thought that Clinger was "a terrible leader and City
Manager," and that he "overestimated his own charisma." She said that the City Charter doesn't really
provide a way to get rid of the City Manager. Accarding to Leerman, many men'nbers of the City Council
were aware of Clinger's shortcomings but didn't have the means to get rid of him. Leeman said there
wasn't really a. coup among City ernployess to remove Clinger, but rather a "concertd eflort to point out
that he w'as a terrible leader." Leerman said that the complaints of
"absolutely
coordinated" but not necessarly entirely untrue. Leermari believes
caught up in this"
flurry of complaints. Leerman said she is aware tat
stired the pot" with
the complainants and thutlthought Clinger was not a good leader.
J. Kgd
Karl Hall has been the City Attorney for the City of Reno since being elected in November of 2014.
He ran for the office while working in the V/ashoe County Diskict Attoraey's f&ce. Hall indicated he
had little or no contact with Andrew Clinger prior to being elected City Attorney. Since his election, Hall
indictes his relationship with Clingerhas been purely professional and not social.
Hall, who's office is in the 3'd floor of the Cify office building n downtowr Reno, said he has very
little direct ktowledge of what the "culture" was like on the 15s
where the City Council and Cify
Manager have their offices. He has no knowledge of the
nor is he aware of the
Slaek or Telegrarn texting applications that City employees might have used. When told that these apps
rnigbt make it easier to hide text messages from public scrutiny, Hall, as City Attomey, said he would've
sh^ongly advised against the use of such tecbnology if he had <nown about it.
20
46
upset at
Clinger touched
inappropriate
Hall said he was present for a meeting called by Mayor Hillary Schieve on iune 22, 2A16, af
various City staff members for a discussion of the City's sexual harassment policies. He said the Mayor
"hastily" called the nreeting, and Hall was asked to irtruct
on City Policies 603 and 607
regarding retaliation and sexual harassment {ppendix, Exhibit 5), Hail said he didn't know exactly what
prompted the Mayor to call the
although he had heard of an incident
a
text or email
Hall notes that
vsas present at the meeting. At the rneeting, Hall explained (and
Mayor reinforced) the City's zero toleranse policy on sexual harassment and he insftucted staff to
report any such behavior to the City's Human Resources Department.
to Hall the first
3.
Hall said he met wth Clinger shorliy after the first complaint was filed. Hall advised him generally
that the complaint alleged sexual harassment and told Clinger there would be an investigation. Hall
couldn't recall if he told Clinger the names of the complainnts, but believes he might have so as to wan
Clinger not to retaliate against them. Hall does not recall Clinger's initial eaction to being told of the
complaints.
According to Hall, Clinger repeatedly asked Hall during the Mercado investigation if he had heard
any conclusions yet. Ha1l said he contacted Mercado on eithel July 18 or July 19,2016, to inquire about a
completion date of her investigation reporf. Hall said Mercado told hirn the report would be out within a
day or two, and in fact Hall received the report on July 21,20t6. During the phone conversation with
Mercado, Hall learned that Mercado didn't s6e any violation of City policies as a result of her investigation.
Hall said he relayed the subslance of that conversation to Clinger. Hall said he did not teli anyone eise
about the conversation with Mercado, including Leerman, Mayor Hillary Schieve, Counil rnembers, tlte
complainants or their attomey.
47
On or about JuLy 21, Hall received the Mercado reporf. He did not give a copy to Clinger, Council
members or the complainants (or their attorney). Hall said he received correspondence from William
Peterson, Esq., the attomey for ail three complaiuants, on or about July 20,2016, July 22,2t16 and July 26,
z0rc. After revicwing that conespondence, as well as the Msrcado report, Hall detsrmined that a second
investigation needed to be conducted, since Mercado only investigated the sexusl harassment claims and
not any claims of retaliafion in the worlace,
The July 22,2016letter from Peterson to Hall alleges, among other thiags, that certain documents,
emails and text messages pertinent to an investigation are being deskoyed. Hall said he did not understand
what Peterson was referring to, but in rasponse Hall sent a Lifigation Hold letter to vaious City officials
directing them not to destroy any pertinent documents relating to the matter of aliegations of sexual
harassment directed at Andrew Clinger (Appendix, Exhibii 18). All of the lefters were identical, other than
City's
thutfreported
stolenf
Hall said the theft is being investigated by the lVashoe County SherifPs Ofce, who stepped in to
the case in place of the Reno Police Department so as to avoid aay conflict of nterest, Detective Robsrt
Markin is handling the case. As of my last contact with Hall, the investigation report is not yet finalized,
although HalI said Det. Markin told him that they have not identified any suspect.
read
claim is
!ru*
*dIHaIlalso
tro-plaint
Hall said he was involved in the negotiations that led to the Separation Agreement befween Clinger
and the City. He said that the complaints, and ihe investigation that followed, made for a "toxic,
dysfunctional atmosphere" that made it impossible for Clinger to continue to manage City anployees.
t.
Enterviewed
but said
has been
has become a
with the
aware of rvhat this investigation is about, l*as given a copy of a letter dated
I.uidlis
July 26, 2AL6, from TVilliam Peterso, attorney for the complainants, to City Attomey Karl Hatl that
desibed the ctrairns
made as weil as the identities of the complainants. Attached to that letter was a
detailed outline of
and a copy of ai email sent by
to I'Iuman
Resources Director KeIly Leerman on J
z}rc. This
of information was given to
ernployees
read the entire packet. Asa
result
of the allegations, and
some of
said, 'T have a
lot riding on this investigation, both personally ar:.d professionaliy."
them,f
Iuutnantly "swears" thatlhas never been involved in any type of romantic or sxual
relationship with Clinger. Ultimately,Ibelieves she is "collateral damage" in a coordinated effort of
other City employees to get rid of Andrew Clinger.
Ii*
and that t's not unusual for her to touch someone when talking
Clinger has
there was never any fype of
toldfflrat
romantic relationship
Clinger.
In early 2016,
Clinger intuoduced to
ne\ry texting
application called Slack. It was designed to
staffmembers
without being subject to review if there was a public information request.
said many staff used it,
althouglt some found it cumbersome. In March or April of 2016, after many stff members had
discontinued their use of Slack, Clingr introduced a ne* texting application called Telegram. He
introduced this applicarion only t" f
und f
to tryl arng with clinger. A-featue of
Telegram aliowed texts befween users to "disappear," such that they could never be relrieved and would
remain sesretive. In refrospec! given the allegations ir this investigaton,Isaid she sees haw the
use of such an application must look to others. She said that Telegram was only used for a short period of
49
time and she has long since deteted the application trom her ptrrone. She said she did not receive any
inappropriate texts from Clinger during the time that Telegrarn was iu use.
described
Iwas
sexual harassrnent
present at tlre meeting called by the Mayor on June 22, 2016, to address the City's
The Ma yor and City Attomey Karl Hall reiterated at the meeting that the City
policy.
when
not.
make a complaint.
r"lievesJuolo
to discord
doesn't
said that
not
r**ro""Fu*
*
durins rhar
staff members
anyone
E"id
was
to
a rus8
t"Ibeing
is quite agrtateq during our intewiew and is understaudably very concerned about the
I
resurtsorthisinve*f;:!,ffffi
relationship with Cl:
i,"ffi :il,FJff
,ffi,i;
:J,i,ilffi
50
M.
-interqiewed
where
1jt/as
across
end
tbie.
Ciinger
sit next to him.
therg
it occurred more
once (maybe
sure if anyone else witnessed it.
signaling
rub
in
account, ,4.fter our
rne those notes ('{ppendix, Exhibit 8), which state in pertinnt part as follows:
Ctinger direcfed a female staffmember I to sit next to
the Coffee Ba. During the meeting, Andrew Clinger repeatedly rubbed her leg
and rubbed his leg against hers."
erur.!b":*3"
*tur!rr{
ar#are
a complaint against
ryade
Resources Ditector Kelly Leennan and City Attorney Karl Hall about the incident.
saw
a second incident
the Coffee Bar.
sa$/
leg against
clinger,lold Hrman
incident.
Id,rty'
that
back,
Assistant City
51
looked at
there was any romantic
the way he treated her,
that Ciinger also keated inappropriately.
that
next
the next minute
relationship."
I"ecalls Clinger inhoducing a new texfing application called Slack in the spring of 2016.
Many among the executive staff signed up for Slack bscaus, as
their texts would be
confidential and therefore not subject to a public records request.
downioaded the app but
didn't use it very much, and then deleted it.lrecognizes now
of a texting application
among public employees designed to
rnappropnate.
is not familim with
a texting
called
is arvare that Clinger later introduced a second texgns
application that
aware that both
thern feel uncomfortable.
E""s
not present fo the Jwrc 22,2016 meeting called by the Mayor to address the City's
sexual
but is
text received by
that the text came from someone other than
noted that Clinger
uncomfortable by looking at her breasts instead of her eyes when he spoke with her
told of the complaints on or about July 5, 201d. lras had conversations ivith
the complainants. both before and a$er they made their complaints to Human Resources, but has no notes
oi I
conversarors.
intentionally did not take notes of those conversations and hn't
doflmented any cther
described above.
said he has ongoing
of hsr
or the
-*as
has ongoing texts with
the state of her heal
believes
suffered.
asa
in her complaint.
bea
wibress should this matter
and for that reason
stay out
any il] vemsnt in the investigation, but said
Cify Attorney Knrl Hall that Hall needed
to let the City Council know what was happening, as the issues might musbroom into a *public fiiestorm."
s2
awfe
casually)
mentions that Clinger had a "drinking problem," came to meetings druk and sometinres came into the
offi ce obviously hung over.
to one or
about
treanent
treats
longer speaks to
back much further.
also
with
luly l,
about
On July 25,2At6,
not destroy any
that rnight be relevant to a sexual harassment investigation of Andrew Clinger (Appendix, Exhibit 18). T?re
letter specifically directs the recient to retain emails, text messages, documents,
etc., that might
up
relate to these tnatfers. Based on that letter , and to foliow
on the issue ofwhether
asteafto
June or July
and
with
2At
ith
all text
with
not deleted any text messages.
53
said that while some City employees get phone allowances, they do not have City-owned cell
phones,
ouf
201
f*erviewed
said that on
201
he received a call
10:0 'ffi.t
that
theft
come
responded and
was the rst person to respond
Iwhowasveryupsetwhen|arrived,to1d|t}rattheenvelopwaslayinginafile
it. The enEl-ope had no writirg on it but had blaak Post-It notes on it.
t"
t*ft
at
approxim ately ap.m. on Thursday, Iuly 28, z0l6,and the snvelope
Itold
!t}t
cabinet that had no hangng files in
was in the fiie cabinet and had documsnts inside of it. IVhen she refurned the following moming, the
envelope was still there but the documents were gonr.
lsaid that that the fiie cabinet or cr*drnra ia a
mechanism
on
it
but
,tr"tltoiA
him-it
v/as not locked when the documsnts were taken.
lgqhhe
that her offi.ce doo?ffiotb"en locked ovemight either.
Isaid
had tlked
was told
outside
28 and had not seen anyone enter
p.m.
\ryas
p.m. on
that time.
lsaid Idescribed
*if
ttoryl
54
said that'
Reno.
SI
used to
neal
since about 212 tlu'ough their mutual work for the City of
thei
rvorked together on several
the years,
found that they had sorne cctmon
and became
lsaiOl
tdked to
again two to three wecks after the first
thought it was serious enough, she should call the oolic and rnake a oolice
'd consider it. Shortly after
leamed
and he didn't see her agan for some time
the theft,
report.
report.
on leave
that,l
of the theft,
to his imruediate
nothing unusual.
not
anyone
55
()
On October
2A 1 6)
building to
have infonnation pertinent to rny investigation.
aware of an ongoing rift between Cify Manager Andrew Clinger ana ltlat
ove a year. He believes Clinger might not even have been aware of the
is nicc to Clinger's face while verbally teadng
that Reno needs a nerv City Manager, ln fact,
typical
that
is incapable of
a plot or conspiracy to oust Clinger froln his
position as City Manager, but he did believe
ws "setting Clinger up" by intentionally not giving
Clingcr infonnation hs would need to report to thc City Counoi.
P.
-interyjewed
as o'a nice
described Andrew
Jtd "even
not a
anything
do
never saw him
Clinger
great
may
seen as
inappropriate to any ernployeq rnale or fernale.
alleged
with Clinger
that this
has beerr
and
that
aware
of
's arnual
A
ven to
component
team and
*ithldrng
Iir
that
awre, based upon the questions asked of her durirg he interview wifh Alice
been
into this" controversy unnecessarily-
s7
fr."o*utt'otf
was
6,Ieota
wifh
call
there was no lssue
20l6,Inud
In July or August af
a conversation with
investigation, "I wish this was all over. It was never supposed to go
and sister"
heard that
I*
with
has a close
very
elieves
.'
of a
with
after
unfarniliar with ry texting application that allows messages to disappear, and never
Overall, t foundlfo
be quite credibte. She is respactfirlly subdued at being involved in this
controversy at all and is displeased vith having to prove that she did not have a romantic relationship with
Clinger. As mors fully set forth below, virfually no evidence has surfaced to estblish the existence of such
a relationship.
s8
-interviewed
he knew Clingcr on a
basis
pfo
but never socialized with Clinger outside of work.
Clinger on City
not know
doesn't
Clinger
believFer
her position
does trarow
the past.
her.l
conversations
with
In March of
with
as being very
fbesysg
\rith
have been another individuai
so the
1V5
At
one point,
became
TVhear asked
,il[:#:r,i;:nffi
f,,fffi1#Hiffiffi ocurred,
lsaio
direction on certain
She never mentioned to
been touched in any 'fr/ay
than this,
any
frustration to
Jabout
Clinger's
never
being offended
59
thatlhas
me
Itold
lsaid
attended the June 22.2016 meetins called by the Mayor regarding the City's sexual
harassment
doesn't recall
recalls
room, he
been to
leaming that prior to the lvne 22,2016 meeting,
Councilwomar Naomi Duerr' s home and discussed her
of sexual haassment with Duer.
cannot recall exactly horv or when he leamed that information.
some or all of that information
may have been contained in a Facebook post that he'd seen.
he told Clinger about that meeting at
some point, but does not recall when that converxation occurred
lrecalls
R.
doesn't believe
not know
ever had any conversations with herknows
but knows litlle or nothing about her.
has had very limited
dealings with her in the course of his duties.
knows
to
the
fr"calls
attending a
the
of
assists
was held
anyone else
forward.
contractors to help with
60
Ihadblownupat
Following the
said
asking
"ith"rf
u*"o*Hil-*':"#xffi
complainant.
-asked
looked
Before
nothing
recall Ciinger
ii#iit,ifrffi,ili"i*ffi,
not to
not a
lVeeks later,
front
l*dlto
Hru3l,:fJ,,'ffi f,
Clingero as
s back
:::,m
H#rih[Hi:tr_1ryfl
.,it
rathe
sai
d,
explained to me thatl would not give a false statement to any inteniewer to benefit
that, "Io not a bg Andrew Clinger fan-" This opinion was based in
after the
and in
on the
treated
61
saidhehu,,""*fafswtimessincethecontenticusmeetinginMarclraf20l6,
and
Iknows
nothing about the Sexual Harassment meeting that was called by l\rayor Schieve
on June 22,2A76, and was not in atfendance.
speaking on tlre
on some other
that items had been stolen
was not overly
emotional about the issue, but told
that the items taken were documents about the case against Clinger.
She had no idea who had stolen the documents
encowaged her to le a police report.
hadn't
that
she
done
because
she
away -" She said she didn't
Isaid
want to rther
or the
Council.
about the
theft.
S.
z}rc)
didn't
aware that
sure
lu"*t no
well after
event,
been involved in a
62
ln
of
a mmner
the
lnus
melthinL
retaliation or harassment.
and has no knowledge of any specialized texting
applcations.
Gven everything
trturlhas
al."
got tc know
a numbsr of occasions. She
incident" in 2015 that she reported to Hurnan Resources Director Kelly Leennan.
three members of the City Council wanted
out as
took
between
Naomi Duerr
Council meeting to evaluate Clinger's performaace. At that meeting, Duerr told
tlrought she had enough votes on the Council to have Clinger removed
Ithatshe
as CityManager.
Ciinger
executive staff
of
of
about liling claims
the week
of
201
She
tc move
same information mntained
should
become an
of whom
thal tLere was a
and
Clinger
was
ln on
likely
1n
to get rid
of
once Clinger
was gone.
remove
believes
remotely
ws t'
ve claim of sexual harassment against Clinger
f,o
invited
a magazine with
documents secreted inside.
said the documents included l/illiam Peterson's Iuly 26,2016 letier
to Karl Hall with
A, the outline of events (see Section IV(.) above)
2A,2016 email
describing acts of retaliation (see email quoted in
These documents
detil the
' vrious claims that were
reported in confidence to Human
all of the t{ocuments to
63
handedl na
lsecreted
lfithin
y nme.
told
Jtold
documents,
that there were discussions
of
fhat one of the three might resigu and take their allegatious to the press. Later that day,
saw
it was
that
hve direct vidence to support this claim.
****F**,j1ffi:tr
After
It*,rl'uooeneo
"otlr"
0n ugust 5,
femailed
2016l**
ff:J
them how
Itotu
Iio
claimants.
from
a check in by phone?
enjo,ingl
64
much info as possible. I'm sorry to put you in the middle! You can just sy "nr comrrent"
if that feel best.
(Appendix, Exhibit l9).
**F***f
ry*#iff
,::ii:i:1;tr*T;Y#,:"#*ffi '."iil;J"|l
was also concsmed about how the complainants appeared to be formulatine a media plan to control the
messagebeingdisseminated-saidthis'.'ppo't.!uetierthatttierewasacoordinatedeffort
between the complainants and others to discredit Andrew Clinger.
t. trntsrviewod
telephonicaliy october
7,2a)
with
in the
suggestions.
lsaia
ltras
lescriur I
as 'othe best
described
treated
nature,
shculder."
"
stated
rH,$
byf
such
er{oyed
described
said
seeing Clinger
discussion, with the door to
Clinger" regarding
again the
8:00 a.m.
p.n1.
office
was'ubasically berating
conversation ensued
close to
iras
faith in Clinger as
believes that
theykept
derogatory cornments
was happening in the
at a distnce.
aware that the City Councl would take up Clinger's performance evaluation at a meeting
I*'*
on June 21,2QI6. ltrad heard ntmors that some Council mernbers wanted Clinger out, butlwas
a\ryare tliat his contraet was rne\ed at the end of the evaluation
did not attend that Corncil
was at
Naomi Duen'.
Just before th*
b"guo,I
meeting
congratulated ths Mayor on the council meeting
regarding Clinger's evaluation. In response, the Mayor commented, "He wasn't even supposed fo have a
job. I was on the phone until 2:00 a.m. convincing Counc members to keep
comment in agreernent with the Mayor. This cnversation
f.
meeting, Ielayed the lVfayor' s comments to
Idi
which
that
it
was
complants.
66
lell.
(with!
as a result.
laho
tht
it
was not
two.
believes that the allegations against Clinger are not true and that he's being "railroaded." She
to file
believes that
and
it
U.
Anthony Tansimore is Vice President of Leadsrship Impacf for Olive Grove Consuhing a
Californi consulting company. In 2016, Olive Grove was retained to providing consulting work to help
foster a positive working relationship betwen rnembrs of the City Council, and between the Council and
the City Manager and his staff In May and June cf 2016, Tansimore and his associates interviewed City
67
staff and City Council members o gain an uaderstanding of the issues they face in communicating and
workingtogether. His report (Appendix, Exhibit 17) was completed in the beginnine ofJuly.
During the course of his work, Tansimore discovered that Cify Manager Andrew Clinger tended to
tell Tansimore one thing and fhe Council another, which did not serve to establish a positive working
relationship between Clinger's office and the Council,
Before the report was released, Tansimore communicated to Clinger some of the conclusions
Tansimore had reached after interviewing mei:rbers of the City Council. Tansimore told Clinger that to a
person, all of the Council members thought that Clinger was not a good City Manager. Tansimore told him
that three Courcil members (Paul McKenzie, Jenny Brekhus and Naomi Duerr) were essentially "out to
get" Clinger.
Tansimore said that Councilman McKenzie was more of a loner on the Council, in that he was not
part of any established group of Council members. He wanted the Cty run like the military, which wasn't
happening under Clinger's adminishation. He told Tansimore that he doesn't get answers from Clinger or
his staff, which is uskating to McKenzie, but that he had no personal animosity aganst Clinger.
Tansimore told me that Councilwoman Brekhus told Tansimore that Clinger and his staffdon't do
things the way the Council wants them done. Tansiscrs said that Brekhus is very close io Councilwoman
Duerr (and other Council members told him the same thing). Tausimore called Brekhus and Duen "allies,"
and said they formed a "cabal" against Clinger. Councilwoman Brekhus also told Tansimore that Clinger
had worked for fwo Republican governors, but that most of the new City Council was made up of
Democrats. Brekhus told Tansimore "thers's a ns1ry day in Re.o," and that Clinger was part of a'ogood old
boys' network" that was no longer in control in Reno.
Tansimore spoke to Councilwoman Duerr in May of 216, who toid him that Clinger has a different
agenda than the Council, which makes things difficuit. After the allegations surfaced and the first
investigation \ryas complete, Duerr had another conversation with Tan.simos in August of 2016. During
that convcrsation, Duerr told Tansimore about the aceusations aganst Ciinger ftut not the identities of the
complainants). She wert "on il1d on" about Clinger not being a good leader, and told Tansimore that she
thoughf Clinger had "about a 1% chance of surviving" as City Manager.
Tansimore said that his conversation with Duer was the first he heard of the nature of the
allegations. Based on all of his discussions with City employees, including Clinger, he had "a hard time
believing the allegations are true."
if
his
Tansimore told me he still doesn't know the identities of the complainants in this case. I asked
interviews reflected
staff members who seemed particulariy angry with Clinger, and he named
It is important to note that the Olive Crove interviews with
early June of 2tI6, well before tlie complaints were lodged against Clinger.
He said nutlwas
very emotional dudng her interview and was upset about not getting
better management and communication from Clinger. She told Tansimore she has a close personal
friendship with Councilwoman Brekhus, and that they share some disappoinnent with Clinger as City
Managei Idid
not mention anything during her interview with ransirnore that touched on any
Tansimoredescribe[as.1eryBngry,,'withaoersonalanimos,'towad.Clinger.She
of disrespect in City offices, and thet culture started at the top with the Cify
complained of a culture
68
Manager. she also said that ci staffdoes not get any direction aom cling*. t
not mention to Tansimore any facts or issues relating to sexual harassment or retaliatorJ
it"Jshe
coF
did
The results of the Olive Crove study were to be presented during a rekeat for City staff, to include
City Council members- Before the reheat, Taasimore cailed Clinger and suggested he cancel the retrea!
based on what Councl mernbers had told Tansimore about Clinger, Clinger agreed, and the reheat did not
go forward. Tansimore later sent his report on to Clinger.
ftota rne he only knew City Manager Andrer1Qger "srperficially" during his time as city
ffi i'iJ;i,iffi iJ,*:l;;*:i#:lfliF*o"JT*r*:"J,;"*ctingerrearanvone
I
describes her
occasion and
oys
butthatin
him he was "mucklaking" following
know
told
not happywith that fact.
I'u're
talking to people,
between
conversation with
made it clear that she was
28,2416,
the instant
sav/
bied to
leaving
hope the truth conres out."
him, "I cnnt."
It"ew
after a
said
that
to say
since
"things will be said
she should just lell the truth,
had
she
might be
her
AboutaweekaftertheJuly28,2016,conv-ersation,|saidheap!en"dtos'"fata
Iocal restaurant.
ldescribed
0n or about
email written by
retaliation. No
should be aware of."
ru*I
201
were
to the email.
dated July 20,
69
behind her
and
to
says
good
the email
not tCI tell
asked
On or about ,August 5,
stolen,
know
said
had a
2A1
Hurnan
Dunagan interviewed
Leerman d Dunagan that
obtained it.
talked to
complainants.
Ciinger one
she needed to tell tle tuth.
into this,"
would'
about
't leaked it to
the allegaticns being nrade against Clinger are not true.
certain people would bemefit if they got rd of Clinger
that
Vt.
appears to be directea at
Human Resources
to
be
evesfiee.{'s-s'q.ctu$,E Sd{}}qg
The City
I*d
Carroborative or
comptainant.
descriptions
and
70
..
above,Iras
l.
of
late in
of
"groping" one
fltr
original cornplaint.
She
and
laneged
Nokbly,ftold Mercado that Ciinger nevsr said anyth@appropriate to her and never touched
her in any inappropriate manner. Cliner denies ever heating
an inappropriate manner, and no
other witness described Clinger treatingfin an inappropriut* mrinnr.
Iio
ffff":ffi"ffi:":l';*J#
Certanly,
frehtive
rn
Ispoke
said that
made
of the first investigafion.
derogatory comments about Clinger.
The fact
that Clinger never said anything inappropriate r.., flrif r$ srglun.,tnt. as ts r
stated dislike
While her discomfort may be real, the fact remains that no inappropriate acts
Clinger to support that discomfort have been established in this investigation.
of
7l
As set forth
many of the identical compiaints against Clinger that have been lodged by
lreated together herein.
gomlandlrave
magnitude as
it
number of
in different
relationship between
and
that they
ways.
told Mercado that Clinger
exkemely
c1ose, but said she doesn't
s ev6l been a romantic or sexual relationship between thern.
Councilwoman Naomi uerr said she's heard rurnors of a relationship but has no direct knowledge or
evidence that such a relationship existed. Councilwoman Jenny Brekhus said she had no eyidence that
was
nvolved with
other than the fact that she believes it explains why Clinger
Hillary Schiove said she has no
describes their relationship as being
like brother and sister, or hwband and wife.
desrribed that relationship as
that of siblinp, and that it had a
to "run hot and cold.o' She had no evidence of a romantic or
sexual relationship between
and doubted that one existed.
the
relationship between Clinger
as being akin to a
syndrom," given the
inconsistent and disparate opinions
regarding Clinger.
described
Xescribed
Irro
Although nearly every witess provided an opinion of the relationship between Clinger and
on* provided a singie piec of evidence io suppo* the existence ora romantic-slrexual
;'*:l'xl:trrs:Xxnr*-*M;im-.im,g:*'.*.ffi
relationship is lacking.
uo-
Ito
clinger in November of 2015 saying, "You want me to come over?" could be construed as
evidence of a relationship. But when reviewed in context of other texts, it is less suggestive:
're
ntt
texts but
and
I*"
I have to leavs
in my office
message
Viewed in eontext, the three texts above ate not suggestive of anything other than co-workers
dealing with job*elated issues
l.ontemporaneously sent al1 thee texts wlthout any response from
Clinger,
On November 17, 2015, there are texts between Clinger
*df
In and of themselves, these texts don't appear to suggest that a relationship is actually occurring, but
rater that both ar atvare of the nrmo within the office, Most of the tsnts establish a working
relationship where Clinger placed great trust i" I
Clinger: You are very quiet today
aeeds to be rocked
Ioon'tlietome
Clinger: Civil disagreemsnt is healthy
73
a grndge
l, 252]
These texts exemplifu many of thc texts over the ter months of messages reviewed for this
investigation. Rather than be indicative of some romantic or sexual relationship, they evidence a trust
between the City Manager
Even afier
of Clinger trying to
I don't
r,ant
fa*r
Clinger: If you can't do it tell me now
Clinger: You're going to have to be tough
I have questions and once again would have liked the opporfunity to discuss before
direction was given.
Clinger: Relax
Clinger: The only direction was to have a meeting
I'm sorry
out from underme?
if I'm
I have
IHowmy
Clinger: vou
supposed to
.*f
but I
thinkJ
Ion
Clinger: You really have to stop being so sensitive
74
k
don't want mistakes
Clinger:
Clinger:
Clinger:
of a romaotic or sexual
are indicative
of
From July 15,2A16, forward there are nurnerus text exchanges that discuss the ailegations against
Clinger and his belief in the conspiracy against him. I
shows support and encouragsment for
Clinger as he faces the allegations, but none of the texts re indioative of any improper relationship
u'Lwgll rrrrrt-gt *rt r
Based on
2.
*rdlcreated
Bothland
*ithI
resulted.
in favoritism in
In hsr initial
to Hurnan Resowcs
nutlbecame
upset
assistant. Isaid
romantic relationship
*ithl
in her nifial
said
ongomg
told
exacerbated the
the investigation has not uncovered any evidence to support an allegation that
were involved in a romantic or sexual relationship.
asserted that Clinger
treatrnent
a esult of his inappropriate relationship with
Clinger
failed to act
Ih*
oflut
Human Resources
already a\ryare atthat time that
Leerrnan, who
wasn't speaking
criticized
acknow ledges
on July
Leerman was one of
Leerman said it was clear to
2},2}L6,fdescribed
"1.
Iam
oshacized
l, 2016, was
whohad
has become
is so unpleasant that
and am having a hard time doing my work. I
staying iate at niglit - which I fonnerly did
no longer feel
ln n.
regularly and is necessary because of my heavy workload."
that
was confrived
Clinger) after
&om
He was aivare
and that for montls afterwalds
didn't communicate with
semblance of professionalism. Clinger said he was also ware of the effect that
was aware
said he
with
and that
with
was having
oo-
of
any
her.
76
awale
trigger to
observed that
Ididn't
deeply troubled by
basis for
had a
the tasks
It"ld
of an
ongoing anger
Idid
These
F",,f::"hffi
",niHmlY I
77
officestobe..likehighschool,',andforvariousfeasonsEescribedtheCityas.oneoft]re
at." Although all of these comments are not entirely
atkibutabletoIangertowardfthefactremainsthatthecultureamogClinger'sstaff
was less than optimal. The City Manager is ultimately responsible for the sfucfure, culture and atmosphere
ofhis offi.ee. He is vested with the authority to make changes and improvements to address hostitity.
is substantial evidence that the worlace environment at the City deteriorated to apoint that
no longer finction there. No evidence suggests th*tlbrought
that on herself
evidence establishes that she was victimized by an unprofessional office eirvironme,nt, based in
large measure
anger
The evidence also strongly suggests that Clinger did
not take efflective steps to lessen
It cannot be determined whether Clinger's
just a geireral lack of skill in
inaction was based on his relationship
with staff.
that
Schieve
had a tendency to 'oplay one womn offon arother,o'
an example
zAr
dated September
a claim that Clinger
and firtler that he referred to
Mark
said that
it with
and he recailed
time did he refer to
said that at no
He is aware that
but that
said that
said
occaslon.
to
heard
Clinger desibe
was
not
said
themselvcs
tht
Clinger
Based on all of the
disseminated the
infroductior it does not appear
4.
didn't recall
to
no evidence to establish
Both
sexual relatonship
lhte.
I*dclinger.
I"nter
Clinger's
uo,*"orrf
between!
*dI
Idr"ied
She is
the existence
that this
of
basis
Mayor Schieve said she has never seen evidence of any improper relationship betweenEnd
Clinger, and called such a relationship olnlikely," knowing both individuals. Councilwoman Brekhus said
she had no reason to believe that such a relationship existed.
Notably, claimant
contention
relationship existed.
thatfand
ndlfrom
Ocfobsr
12,2A to August 4,2016. There are rougily eight hundred (80) texts between them during that time
period. The text exchanges are mostly business-related, sometimes sarcastic but never indicative of a
establish little more than a iendship among cclleagues,
romartic
involved
in
any type
of
Even the
79
Althougtr no interviews have taken place with the complainants for this investigation, it is
conceming tht vo of them [*d
have addsd this allegation without *y
I
whatsoever. It is unknown whether they continue to pursue this allegation, They apparently were".id.o..
content
to lodge the allegation with Human Rsources, only to tell investigator Mercado that in fact they had no
:J#ffi','fJ*'i"#"iffi ::Try*i';:i'il,HF*5#0ry
concertedly sought to firrther sully Clinger with an allegation having no merit. It is disturbing that
Couneilwoman Duerr collaboratively adopted the allegation as well, despite the fact that shg too, had no
evidence to even remotely support it. Despite her oft-stated sensitivity to the ptight of female staff
merrrbers, Duerr nonetheiess adopted this allegation againstE:rd coumunicated it as her own theory
during this investigation.
There simply is no evidence to suggest that any improper relationsh existed between Clinger and
2A,}arc,-albged
confidentially,Iwould not be experiencing
acts of retaliation.
Complainantsl*d
him.
was
complainaut.
circumstances.
confidertiality had besn brokef. She also criticized Hall for not informing the entirc City Council about
the allegations. Tlr.ese two positions are somewhat inconsistent.
More
others about her claim.
shortly after
,I"laim
about
told
groping incident
about a meeting
80
attended
Duer to discuss the complainants' claims. She told him that
there ws a plan in place to get rid of Clinger as Cify Manager. Most
copy
of attorney Peterson's
20t letter
in deil the complainants' claims, along with
detailed exhibits from
notably,Igavrfa
lherself
oflstatements,
rof
tolthat
"Kelly indioated
"someone" cat to her and brought the July 26letter that
gave to you and told herthat we are going to the media."
Iotherwise
meritoriow clairn that the City breached confidentiality by giving Clinger her
when Iprovides much more information abut A corplaints
-clineer,to an
But for
Interestingly, in her interview with
"critical witness" in the investigation,
ard
f I!
-;Tff
to
Mercado,r.J,1,'tP|#**#ff:?
lai***ses
about
thatlako
told him that there was a plan in place to get rid of Clinger
her about the complaints and the complainants,
Itoid
as City Manager.
said that
and that all of the allegations against Clinger were true.
it is evident tltat
Iidentity
either-r
It is also clear
thatlattdlreleased
C.
81
I
Although much of the focus has been on allegations of sexual harassmen!
complaint to Human Resources on July L,2A76, was a fear of retaliation
told Human Resources Director Kell
at
feared that
she would suffer retaliation &orn Cify Manager Andrew
She was concemed that Clinger had not
supported her when she uncovered the issue.
said that one of tte reasons she thought that
Clinger might retaliate agi4g! her was because he had treated her "dismissiveiy''in the past, citing to the
*rslarrugs r,,at ne auu"r,*I
Iexisting
When
met with initial
Alice Campos-Mercado, she arrived primarily
prepared to scuss
retaliation issues. Insteadn the discussion surrounded her
aiiegations of Clinger having touched her inappropriately.
Mercado,Isent
It*t
uncomfortable.
harassment
made a number of allegations of inappropriate conduct by Clinger that made her feel
Eaid
teatedf
atfin
was
82
*itnfand
withher
"absolutely
&om
he was "caught off guard" by the terts, since he hadn't received any flirtatious texfs
to that occasion. His responses in the text exchange are far less flirtatious thaa
The flirtatious text exchange in January of 2A is not preceded by any text that suggest any
romanfio behavior. The exchange in question begins at approximately 9:25 p,m., and seven earlie texts
that day only deal with professio* *utt"r, (excepi for onJ*blowing kiss" **o.i rot uyJ
t"
first texts sent following ttre January 20 exchnge are sent on January 22 and don't reference the
"flirtatious" exchange in any mnner. These new texts are professional in nature.
Some of the text
Clinger: What's
2:15 attorneplf
1:30 first floor
Afterwards
r" on one?
no
There is no context to this exchange, and limitless innocent explanations exist to justi/ it. There is
text from Clinger in respcnse to
last text. Its significance is likely trivial, except to
83
recognize that if roles were reversed and Clinger had sent a text saying, o',4,fterwards Andrew one on one?"
it would likelybe eonstrued forpurposes of fhese allegations as an advance cn his part.
More ticatr are texts of mufual ptofessionl support bglgeen _lQliAgsr and
On
February t, 2t16, following a lengthy exchange dealing'*ith I
*otk with media ona
demolition issue in the CitX these texts are sent:
Let's circle up with Alex to get more clarifcation on what the downside is
Clinger: Can we do that first thing in the moming and then make a decision
Deal!
Ha! As long
as u
think so...
Clinger: I do
And it is vice vers
Clinger: No ote is halder tn me that I am. I want to be the best boss ever, not just
What you have dons w
a good boss
is dang impressive!
Clinger: You did it ali. You've done such an amazng job. I knew it needed to change but you
made it happen
l,
mans the
Again, context is missing to Clinger's last text, but otherrvise these texfs are typical of what appears
to be a successful professional relationship behveer the City Manager and the
for the City.
Thera is very limited evidencs that Clinger made mmantic advances onf
once again, it
not
interviewed
for
was
this investigation, and therefore has not
provided context for texts or explanations of conduct. Based on the information available, the evidence
does nat establish that Clinger made romantic advances on
84
b) Clinger
too"hedZneelc
in City elevator
fEas
three
okay."
teermao,Isaid
"It is my understanding
Iapparently
did not construe Clinger's actions inthe elevator as being sexual innature.
Thereaenoothertextst@explainanyadditiona1context,butitsuggeststhatClinger
said (or did) something that rrpr*t
,""u,,*
conduct from
-i:"ffH#tffiH!H:":J;
8s
the elevator,
anything
uboutl
also recalls the meetins and the conversation that ensued aftcrwards. On
Ciinger saying that
angry, but does not recall Clinger saylng
neck or touching her in any way.
ftooked
c) Clinger
tourhudfleg
ftold
Isaid
she
toldlabout
it at that time.
female staffmember
Bar approximately two weeks later. To
doesn't
recall
He doesn't deny that he
sit in, but he adamantly denies repeatedly touching
happened, evr."
have
to
"ft never
.4'reviewofthetextmessagesbetrveenfandClingershownotextsonMayl3,l4or15,
2A16, between them. The next texts between thern occur on May 16, 2016 (three days after the alleged
touching):
Itisdifficu1ttoreconci1ethisevent,giventhelimitedevidence.-andIescribea
thutltotdlof
hl
uffiger,
Isaid
her
In his interview, Clinger acknowledged asking staft rne,rr:.bers to first download a texting appiicafioa
called Slack, and later Telegram. He said that staff members found Slack cumbersome to use, which is
why Clinger found Telegram. He also acknowledges that only he,I*dldownloaded
Telegram, at his direction. Clinger said that he never sent "flirty" texts on Telegram and never asked
to send him a photo. He
sent him an unsolicited, suggestive photo of
herself using Telegram, but he has long since deleted the app and can't recover the photo. He is aware that
a govemrnent official using an application that allows for texts to disappear is unwise, and makes it
impossible to corroborate anyone's version of the texts that were scnt.
saidthatl
It is also not clea how frequrtly Telegram was used as a texting app. It apparently did not replace
normal cellular phone texting during March and/or April of 2tI6, when it was being used. The text
message history between Clger uIr
example, saw no deease in the number of texts
exchanged in Msrch and April of 2016, compared to other months. Similarly, the text messag history
between Clinger
end-hows
went tc Clinger and told hirn that hc had not handled the
told Clingei'that she had deleted Telegram aad to respect her and stop sending
no texts
first text is from Clinger, where he forwards a story
at 7:4 a.m,:
lApril 23.2016
Thereafter, the texts continue in a normal and professional maner. Nothing indicates that a
confrontation occurred or that Clinger acted unprofessionally in any marmer,
The evidence is undisputed that Clinger uuk"d-at
the City to uss an application
that would allow for text messages to be beyond public scrutiny. Human Resources Director Kelly
Lee"rnaa and City Attorney Karl Hall expressed some shock that a
ofcial would
ever recornmend the use of such
Most
was asked to download
Slack, but
(with Clinger) were asked to download Telegram. In
the wake of the allegations and
cost
his posifion as City Manager, Clinger acknowledges
ihat hjs use of Telegran in this manner looks suspicious.
oniyfand
None of the alleged texts sent using Telegram were preserved in any way, and all of the individuals
who downloaded Telegram have sinc deleted it. There is no reasonable method to resolve the conflicting
versions of texts sent or not
if Clinger sent
flirttious texts
of those eveirts
would be c-onsistent with the overwhelming majority of the texts sent to one another from October of 2015
until July of 2016.
Unfortunately, this is an issue that cannot be resolved in this investigation, due to a lack of evidenco
of either version.
e) Clinger
first made her complaint to Human Resources on July I,2016, and inte"viewed with
Mercado on July 11,20 16. On July 12, she sent the ernail to Mercado that,
other things, stated that
she had not ntended on
involved in a sexual harassment
88
tonc"**
Although
evidEnce
Iltrt
was sent as a
) Theftfrom
z}rc/f.reported
on July 29,
in an ulocked credenza in her
office.
She
not tum
up evidence
going on."
the CityManager
talked to
also said
thatlspoke with
recommended that
report the matter to police.
because she "just wanted everything to go away."
tuidltold
Clinger
to file a police report.
totdlto trtll
Evenfually, a police report was filed and, to avoid any confiicts, the investigation \ryas undertaken
by the
County Sheriffs Offce. Detective Robert Markin is currently investigating the case. As of
the date of this report, Marlcin has not completed his investigation.
'Washoe
said that
after the
contacted
and
asked which
days earlier.
sent an email to
gave thern to
Leerman
I*dI
The investigation of this criminal matter is in the hands of the Washoe County Sheriffs
eparhnent, md this investigation will not supplant the ofcial police investigation. At this point,
however, this nvestigation has not generafed evidence of a suspect in the theft.
B9
told
-uonsprrso
three
between
was in place to
the plan
Duerr to
case-related documerrts to
to
wiress"
alluding to "oul' strategy"
believed that these actions constituted a coordinated effort to discredit Clinger.
air attempt
in
On at
prsence. She also told
wa.s part
said
took place
that a
thatlhad
of the plan.
toldfabout
thc complaints
tutE
rnewal,
prior to the June 21, 2016, City Council meeting to consider Clingst" conhact
witb at least four Council members to communicafe her anger at Clinger over
not supporting
saidthatJ
before
As
she
conversationlhad
witll
II
90
and
to
with both
r*:
about
following
had ongoing conversations with
had ongoing conversations and
t**tr
*ithJ
investigation.
of deieting text messages occurred on or just before July 25, 2tL6, or within days after
delivery of the
MErcado investigation re,port and just before the
hold letter. This deletion effectively prevents
review of any text communications between
the tirne period
just before the complaints \rere filed and during the first investigation.
recognized that this is an
uncamfortable coinsidence, given the allegations of a conspiracy to reove Clinger.
In support of the conspiracy theory, Clinger also points to the statei.ents of Olive Crove consultant
,A'nthony Tansimore, who said that his interviews rcveled that cerlain Council members were out to get
Clinger. In this investigation, Tansimore indicated that Councilwomen Brekus and Duerr had formed a
'ocabl" against Clinger. Tansimore also said th*t
the two City anployees
displag the most anger toward Clinger when Tansimore interviewed City staff members in May and
June of 2016. Tansimor was unaware that
cornplainauts in this case.
Iuodlwere
femalemanagers.Later,shesaidthatsheto1dMayorSehieveuboutth"fsexulharassment
allegation, and that it was one of the reasons why the Mayor called the June 22, 2A16 meeting to discuss
sexual harassment.
Due,rr may have also known about other complaints before they were filed.
thutfirud
toldlin
fsaid
tlree
complainants and
*d-Duerr
Additionally
that Duerr met with her prior to Clinger's
performance evaluation, seeking information to use against Clinger at the meeting. Duerr denied having
metwithf
is not alone in suspecting that the complainants collaborated wth others before filing the
complaints.
said the
was created by'oa four person conspiracy" consisting of
the three complainants and
womn Neoma Jardon said she has "suspicions" but'ho
definite proof' of
Councilman Oscar Delgado called it a likely "consolidated effo" to get
Clinger ouf as City Manager. Delgado said he's aware
City employees thatJ
Bobzien said he believes it's possible that certain individuals
encouraged the complainars to file complaints against Clinger "to create leverage or a mutual benefit."
thatJold
It is vkhrally
of
acted
and
where
saying that
one
are nearly
does not, but
told her about
92
t.
gnvironment
involved in a relationship.
claims are different in subsfance but are made at the same tirne
include
incident that
Both even
as
As set forth above, it is impossible not to conciude that the complaints were coordinated in time and
sirnila enough in substaace to reflect that the complainants communicated'itl one another (and/or others)
befoe they filed with Human Resources. However, as also set forth above, some of the primary
complaints were not false claims.
It is
this claim.
These are legitimate claims brought by the complainants. They do not appear to be "false" claims,
environmentl
had been
were pursung
ISSUe
ovenvhelming evidence
investigation, both
angy
point
with Clinger at this
taken it upon herself to speak with at least four mernbers
in time.
two more) prior to the June 21 Council meeting to consider
of the Council (and attempted to
Clinger's contract renewal. She had also told many others of her dislike for Clinger.
as
-*dIwerenottheon1yonesapparentlyunhappywithClinger'sperformauce
93
A number of Council members were displeased as well. Councilwoman Brekhus had long since
deterrnined that Clinger was not qualified for the job. Councilwoman Duerr thought Clinger was
'tnproductive" and "ineffective" as Cify Manager. She noted that Clinger's evaluation scores
om the
She was also canvassing other City employees
ry
and also thought that Ciinger sometimes 'layed ne \troman off on nother." CounciLnan McKenzie
didn't cae for Clinger's management and leadership style and said Clinger blamed others for not getting
things done. Olive Grove consultant Anthony Tansimore said that after his interviews with Councl
members, he determined that all of them had coacluded that Clinger was not a good City Manager.
Other wihesses detailed Clinger's perceived shoitcomings as City Manager.
whi complimentary of Clinger personally, called the City office environment the o'mosf
unprofessional"
r;#ir-.,i,i#:i'lff
i:r,:i;f ::n'l::"*::ilil'*i:
ilif
bad City manager. Leerman said Clnger wasn't interesfed in what individual
were doing for
eanployees
a'terrible leader."
Nearly every witness interviewed on the subject agreed that Clinger's use of the Slack and
Telegrarn texting platforms was ertirely inappropriate for City government. Clinger said he now
appreciates that the use of these applications was inconsistent with transparency in governme,rt,
Given atl of this infonnation, and the lcrowledge that as many as three Council members were
it is safe to assume that some City employees
expected the City Council to take action against Clinger at the June 21 meeting. Brekus, Duerr and
McKenzie were prepared to vote against renewing Clinger's contract, but all three realized that a deciding
fourth vote was not forthcoming. lnstead, all thee reluctantly joined the major in renelving Clinger's
contract as City fulanager.
prepared to vote against Clinger's contact being renewed,
result
responded. Councilman
after the renewal vote.
According to Mayor Schieve, Duerr contacted her in the evening after the June 21 Council meetlng
and told the Mafor of Clinger's alleged sexual harassment ofl
That conversatior along with
two unelated incidents of mproper texts or communictions by City employees, prompted Mayor Schieve
to call the June 22 meettng to explain the City's sexual harassment policy. According to those in
attendance, the fact of the City's "zero tolerance" for sexual lurassment was fairly drivcn home. This
meeting provided a vehicle for certain City employees, with the help of others, to act against Clinger where
the City Council had failed to do so.
Councilwomar Duen said that the Counc's action in renewing Clinger with a 3Yaratse 'broke the
dam" and caused City staff members to take matters into their own hands. Councilwoman Brekhus said
she believes the compiainants acted in concerted efforf once the Council ageed to renew Clinger's
contract. Councilwoman Jardon said the timing of the complaints suggests the possibility that employees
tought, "if the Council isn't going to vote hirn out then we have to." Mayor Schieve said it appears that
the complainants took matte{s into their own hands when the Council renewed Clinger. Kelly Leerman
said that mny Cify employees thought Clinger was "a terrible leader and City Manager," but that the
Council didn't have the means to get rid of him.
94
lVithin a week after the lur 22 meeting, the first claim lvas lcdged, with the other two were fi1ed
very shortly thereafrer.
offanE
trde
the z}LS "gropi'rg" incident that she apparently heard but did not see- She also adds
Instead of relvine on the fact
alleged a sexual
both added that
Clinger was havirg a romantic or sexual relationship vith
when tbere was no
evidence whatsoever to
fhat clairn. Over
her attomey) added the
allegation of Clinger's
II
Imet
ouolbut
dr:ring!
"has a drinking
Nearly all of these secondary claims are made r.vith little or no evidence to support them. At best,
they ase recklessly made. t worst, they were designed to color the lens througb which the primary
complaints were considered. Either way, instead of defracting from the primary complaints, some of them
end up being fhe focus of the Mercado investigation.
The secondary accusations helped mushrcom the totality ef slaims against Clinger beyond control.
This is nue ofltrwho
r*"ogiri""d early on-laim
was largely forgotten
because of her allegations of sexual harassment. As she wrote to Alice Campos-Mercado following her
interview for that investigation:
environrnent concems has larded me a primary spot in a sexual harassment investigation, which
was never my intent."
(See Appendix, Exhibit 3 (attached as exhibit to Mercado's Investigation Report)).
'I
of
2016
3ii;hffiitrffi*f;'investigationprevenlsconfrontationonthisissue.It
VII.
Cqqplusion
Almost all of the evidence generated in this investigation is consistent with the belief of many in the
City that the cornplaints were the result of three women acting in concert. It is likely that others, including
Councilwoman Naomi Duen, had advance knowledge of thornpleints and encouraged
I*d
Ire
to file. As set forth above, the primary complaintf of Iand
"ontplain-tr
meritorious. The secondary complaints are nostly without any factual basis and may have been included to
generate animosity torard Clinger to assure his demise as City Manager. Once the complaints were filed,
the three complainants continued to work together to try to conhol the message.
-e
Althoug the evidence strongly suggests that the women acted in concert in ling complaints, tbis
The
collaboration does not affect the merit of the primary complaints of
*d
parf
se;condary complaints, for the most
lack merit or simply camot be substntiated. Clinger's claim that
the cornplaints e evidence of a conspiracy to file entirely false claims is nat consistent with the totality of
the evidence, although some secondary olaims have little or no basis in fact.
-P-]V}gf
November 21,2016
Hon. David T. Wall, Ret"
96