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public works investigation Riviera Beach
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0% found this document useful (0 votes)
3K views35 pagesExternal Investigation
public works investigation Riviera Beach
Uploaded by
WXYZ-TV Channel 7 DetroitCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
‘KiyieraDeach
FLORIDA
EXTERNAL INVESTIGATION
REPORT =.
(City of Riviera Beach Public Works Department)
BY: Jack L. MeLean Jr.
Jack L. MeLean Jr. & Company LLC ‘This is @ working draft of Assigned Counsel work product, which contains mental impression and as such is.
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
Table of Contents
Introduction Page 3
Process Page 4
Persons Interviewed Page 6
Nature of Interviews Page6
External Review Process Activities =e Page 7
Background Setting for Legal Allegations and Analysis Page7
ALLEGATION ONE Pages 9
2007 Supervisory Sexual Harassment :
Quent Morrison % 4
Findings . *y Page 20
ALLEGATIONS TWO AND THREE 9 Page 24
Coney D Harvey and Danny Sas
Findings Z Page 31
Recommendations and-Con Page 35 This is a working draft of Assigned Counsel work product, which contains mental impression and as such is,
privilege, non-discoverable and nat subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
INTRODUCTION
MeLean & Company LLC (MeLean) was assigned by the City of Riviera Beach, Florida
to conduct an External review into allegations brought to the attention of the former city manager,
Jonathan Evans, by a citizen, J.B. Bullard, who heard that the City, at the highest level, for years,
failed to properly investigate Kim Scott's 2007 sexual harassment claim, ‘The investigative objective
‘was to: 1) gather facts related tothe citizen's claim; 2) determine ifany of the matidgetial employees
are current employees of the City; 3) determine, if any, what disciplinary action’ was appropriate; 4)
resolution; 5) provide a legal
identify changes in practices, if any, to provide for swifter a cori
analysis of the pertinent laws and the facts; 6) render legal advice;‘and (7) suggest best practices going
forward. : *%
‘A contentious set of elections and city managet appointments in 2016/2017 was the backdrop
to the McLean Extemal Report assignment, ‘The Match 15, 2016 regular election ended with no
‘candidate receiving a majority of the votes in District 1. A March 29, 2016 run-offelection was held
between the two top candidates, That election was close; a recount of the votes occurred. ‘The
election ended in ate th sides accused the other of shenanigans during the rae. On April 12,
2016, a special eléetion was held. That election settled the dust, and a new city commissioner was
elected and tookioffice sgon thereafter.
GeeSehiember 27, 2016; the City Council released Ruth Jones, city manager, and appointed
an interim ‘ity manager. At its next meeting, the City Council began advertising for a new city
manager. The application process closed on January 05, 2017. Jonathan Evans was appointed on a
3-2 vote in February 2017 and began working on March 24, 2017. The skein of multiple, closcly
contested elections, the discharge of the city manager, and the narrowly selection of new city This isa working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN IR. & COMPANY LLC
EXTERNAL REPORT
‘managers, in less than ten months, highlighted financial issues and unearthed old workplace and
citizen grievances. One such grievance was the City’s failure to investigate the sexual harassment
claim of Kim Scott. Mrs. Scott and Rhonda Patterson joined the Riviera Beach Public Works
Departament February 26, 2007 and October 24, 2005, respectively, as Maintenance Workers.
Michelle Crockett was the first female Maintenance Worker in the Department: She was hired on
April 26, 2005. Kim Scot, with skein of har, claims thet, from the frst day.on the job, as @
‘Maintenance Worker in the Storm Water Division, she was sexually cased Othe job, physically
‘and verbally, by the Storm Water Division Supervisor, QuenfMortison. “Her complaints to the
Department managers and other supervisors were not agied on &r taken seriously. She lodged her
concems with the Human Resources (HR) Department on Ostober 5, 2007.
‘The male-dominated Storm Water Division denied any knowledge that, 1) Quent Morrison
hharassed Mrs. Scott in 2007! and 2) ia an unteportéd‘claim, Corey Harvey, the Streets Division,
supervisor, sexually harassed her witén she retumed to the Streets Division in 2008. According to
Mrs. Scott, she bypassed HI with her 2008 sexual harassment complaint, and went directly to the
Interim City Manager;’‘The complaints were met with skepticism and homespun advice on how to
work ina lag, environment. The sexual harassment continued for years in the Public
Works Defren Mas. Scott claimed, The Human Resources Department, she said, never
informed téx.cf the results of the 2007 investigation.
PROCESS”
Priorto themecting withpresent and former employees, at the direction and organization
of former City Manager, Jonathan Evans, Mcl.can met via a video conference with Mr. Evans;
* Corey Harvey, during the 2007 HR investigation, said he saw Mis. Scott initiate unweleome and inappropriste
comments and horseplay towards Quent Morrison,
4 ‘This is @ working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119,
JACK L. MCLEAN IR. & COMPANY LLC
EXTERNAL REPORT
Bruce Davis, former director of Human Resources; Mayor Thomas Masts and the City Council
‘Ctxirperson, KaShamba Miler Anderson. Mi, Evans defined the investigative isacs and the clcted ofliis
emphasize the nood fora frend objective investigation, During the External review McLean & Company
(McLean) reported to Misters Evans and Davis. E
Jn the meetings with Misters Evans and Davis, they identified potential issues that could be driving
the allegations of workplace harassment. Their input and knowledge of the, workplace and
organizational dynamics were very helpful during the review. Each committed #8 provide documents,
policies, procedures, and practices related to workplace harassment inthe Public Works Department
and access to all personnel necessary to the review. At McLean’ Sxequest, the following documents
‘ere provided to aid the understanding of the structure and otganizational context for the allegation
of workplace sexual harassment:
Public Works Dire ind Supervisor Personnel Files
Anti-Harassment Policy”
Code of Ordinances ©
All Classification Salary Sehedules
Prior HR Investigations
Kimberly Scott Bealuations — 2009 -2017
Kimbetly Sooit Discipline Files
; Kimberly Scott Personnel File
1007 HR Investigations
ey Dy Harvey Personnel File
», Daiifiy’ Jones Personnel File
-Quent Morrison Personnel File
‘Rhonda Paterson Personnel File
Public Works Census Reports
General Employees Salary Schedules
Administrative Salary Schedules
‘Supervisors Salary Schedules
Job Classifications Schedules
Danny Jones Documents
HIR Parks Director Documents
eee eee ols ‘This isa working draft of Assigned Counsel work product, which contains mental impression and as such is,
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
After McLean reviewed the allegations presented by the concerned employees, the above- listed
documents were reviewed and interviews were conducted, Attention was given tothe policies, rules,
and practice of the City. These documents help to demonstrate the sufficiency of the City’s policies
and procedures that are in place to safeguard against potential harassment and discrimination in the
Department, place the subject complaint issues and relationships in perspective, and show the City’s
timeliness of the sexual harassment investigation, follow-thru, and exposure tOxisks.
PERSONS INTERVIEWED —
MeLean interviewed twenty-four (24) persons. The interviews occurred onRine 8,12, 15, 16,23,27,
and 29, and July 5, 12, 13, and 21, 2017. The interviews consisted of the-Interim City Manager, the
= te
Assistant City Manager, two (2) Department heads, ‘w,former*City Manager, two (2) former
Department heads, and sixteen (16) current and fortier employées: The gender and ethnic breakdown
of those interviewed showed:
© 12men =
© 12 Aftican American’.
* 12 women \
© 1 African*Ametican
© 1 Caucasian
disparate treatment, and determine the origin ofthe workplace concerns, Additionally, the interviews
the City Ailorney's Office, and the City Manager were briefed, as well as the Mayor and
Councilpersons,
NATURE OF INTERVIEWS
Most of the interviews lasted approximately 30 to 90 minutes, The interviews were held in
6 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119,
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
various locations in Palm Beach County: Quest Office Spaces, West Palm Beach, the Lake Park
Library, the Best Western Hotel suite, local restaurants, and private business offices; all locations
independent of City Hall and away from the employees’ workplace. (A few interyiews ocourred via
phone conversations.) MeLean’s role as the outside investigator was explained to the interviewees.
In part, the interviewer stressed privacy and confidentiality to the extent permitied by the, Florida
Law and assured the interviewees that their participation in the review process would not leed to
reprisals. The counsel's notes were taken to maintain the confidentiality of infbimation shard in the
interview and included the counsel’s work product and impressiéng. the inteiviows were based ona
series of standard questions. All the questions were prompted bry fegpdlioes to the standard questions.
‘The line of questioning extended as follows: :
‘Tenure in the Department and City, 4 En
(Current and previous work assignments
‘Knowledge of workplace coneemas, hostile Work environment, and disparate treatment
‘Whether employees reported sexua ior in the workplace
Perspective on the City's Handling’of Kim Scott’s complaint
EXTERNAL REVIEW. PROCESS ACTIVITIES
The Extemaf “review, process
involved: ">
* Review and discussion of the behavior involved in the concerns raised;
* Review of the agtions that were required as outlined in the appropriate and relevant
statutes and guidelines; and
* “Reyiew of the actions that were taken or not taken as a response to the attempts by the
concerned employees to use internal resources to mitigate the circumstances, and find relief
‘from the perceived harassment, intimidation, and other acts contributing to an allegedly
hostile work environment.
PUBLIC WORKS DEPARTMENT
BACKGROUND SETTING OF SEXUAL HARASSMENT COMPLAINT,
ALLEGATION AND ANALYSIS
‘The mission of the Public Works Department is to provide a safe and efficient
1 This is a working draft of Assigned Counsel work product, which contaias mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
community infrastructure, including a reliable road and drainage system for the citizens of
Riviera Beach and to maintain the structural integrity, safety and aesthetics of the City’
buildings, vehicles, and equipment. On a day-to-day basis, the combined efforts of the six
(6) Public Works Operating Divisions provides general and technical support 10 residents,
businesses, contractors, consultants and other municipal entities. The six (6) Operating
Divisions are: Administration, Streets, Property Maintenance, Storm Wale Management,
Vehicle Maintenance and Engineering.
The services pro’
ided by the Streets Division are an-integral part of the daily lives of
the citizens of Riviera Beach. With just a short drive along Blue Heron Boulevard or Martin
Luther King Jr. Blvd. one will immediately marvel at. the work of the Streets Division.
Beautiful foliage with a variety of colors, shapes and sizes accent the well-manicured lush,
green canvas of grass medians, which are anchored by towering palm trees. These corridors of
beauty serve to guide visitors tojiand temind residents of, the spectacular natural amenities
that permeate the entire City. This division maintains the aesthetics of over 90 miles of streets
within the City, repairing potholes, mowing of easement, right-of-way, and alleyways and
swales and picking up debFis around. ‘This is a working drat of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119,
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
‘The Storm Water Division maintains almost eight miles of canals and over 900 storm
water inlets in the City. The division functions are mowing drainage ditches and swales,
maintenance of retention ponds, sweeping 80 miles of city streets monthly, clearing inlets and
storm drain pipes, herbicides spraying, and improving the storm water infrastruetire.
DETAILED INFORMATION PERTAINING TO EACH ALLEGATION
©=2NULEGATION ONE
Mrs. Scott joined the City in November of 2004, working as a Mail Courier with a temporary
appointment; atthe Purchasing Department, at a bi-weekly rate of pay of $900.54. She delivered
tail to various departments and transported special packages to various agencies throughout Palm
Beach County. She worked in this position until August of 2006. On January 4, 2007, Mrs. Scott
‘was placed on the Eligibility List for Maintenance Worker. She was transferred to the Streets
Division of Public Works, as a Maintenance Worker, effective February 26, 2007, at base hourly
9 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
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EXTERNAL REPORT
rate of $12.61. Around April 5, 2007, she was moved, temporarily, to the Storm Water Division
from the Strects Division because that Division needed more assistance at that time. Quent B.
Morrison was the Storm Water Division supervisor. ‘The Streets and Storm Water Divisions had a
total of twenty-three employees, out of a workforce that consisted of forty-four (44) employees in
2007. The workers in these divisions were all males, except for three females. The thfee female
Maintenance Workers, assigned to the Streets Division, were Michelle Crocket, Rhonda Patterson,
and Kim Scott, Michelle Crocket was hired in 2005; she was te first female Maintenance Worker
‘The male employees were Vincent O. Akhimie, the director'of Works; Alan Winn, the
superintendent; Quent B. Morrison, supervisor, Storm’ Water J
ivision; and Corey D, Harvey,
supervisor, Streets Division. All the women were excited to be a part of the two Divisions and
enjoyed working ouside and engaging in a fc custonigrily dominated by males. It is important
to note that employees that were in, the Depart in 2007 are no longer employees of the
Department, The last exnployee left’on October 30,2015; she was an Automotive Records Clerk
Mrs. Scott was the oflly female to ‘complain to the HR Department about sexual harassment,
She verbally filed her. Stipes’ October 5, 2007 with HR.
She initjatlyéomplaincd to Alan Winn the superintendent, who, a the time, was the Acting
Director fof the’Public Works Department. He told her that he would speak with Quent Morrison.
She does ftknow
‘occurred. She complained to Robert Jackson, Maintenance Worker, most
times about Quent Morrison’s behavior. Robert Jackson, an older Storm Water Division crew
‘member, stated to Mrs. Scott, “Don't worry about him, Quent is just a kid;” Mrs, Scott, at the time,
‘was oblivious of whether Robert Jackson had said anything to him, but the harassment never abated.
‘The sexual harassment started when she became employed as 2 Maintenance Worker at the
10 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
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EXTERNAL REPORT
Department of Public Works. During her probationary period, Mrs. Seott was placed in the Storm
‘Water Division, on a temporary basis, where Mr. Morrison worked as the Storm Water supervisor.
Mr. Morrison, initially, started asking her for sex, Each time he asked, she refused. He
became more aggressive as time went on. At one time, Quent Morrison told her to givé him some
“pussy.” Once he became more graphic stating, “You need to leave that old mat along anid get
some young dick.” One day she was getting ready to go out withthe crew, and Quent Morrison
held his cell phone and said, “Thi
what I'm going to use on you.” It was a picture of a man’s
penis. He further said, “Mrs. Scott, I could satisfy you; I have been
shé-was alone to sexually harass
het. She “would get angry and ball up her hand and say, “Ifyou touch me, I will cut your head off
with this machete.” The final straw came when he asked to see her in his office. She kept
walking, refusing to go into the office with hint “Oe ‘day he said, “Either you are going to see me
in my office and give me some pussy or you ill o back tothe Steets Division.” She would get
so angry that she would curse him out. She would walk off and say to Mr. Morrison, “That will
never happen, with you oranyone'oyer here.”
‘The 2007 HR, coliplitfnvestigation began within seventeen (17) days of the complaint,
after Mrs, Seotttuld the HI Director, “You got to help me, these guys are trying [verbally]? to make
me have séewith them.” Twelve (12) Department employees were interviewed. Pamela Dailey and
Glendora Williams denied hearing of or seeing any sexually inappropriate comments or conduct
between Mrs. Scott and her supervisor, Quent Morrison, Willie Lewis, the carpenter, said that Quent
Morrison told Pamela Dailey, “Man I like those breasts you got there,” and that Quent Morrison told
2 The insert was nota part of this quoted section of the report; however, in the investigation, Mrs. Scott said the
attempts to make her have sex with them were verbal.
u a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN IR. & COMPANY LLC
EXTERNAL REPORT
him he told Glendora Williams, “I don’t want to take care of you because you are high maintenance,
Just tell me how much it will take to get into those drawers.” However, Quent Morrison’ testimony,
juxtaposed to Pamela Dailey’s and Glendora Williams’s denial is not given any weight. Neither
Pamela Dailey nor Glendora Williams spoke to Mrs. Scott about any sexually inappropriate conduct
in the workplace. Mrs, Scott never said that cither ofthese ladies spoke to her about being sexually
harassed by Quent Morrison; her HR complaint/investigation statement was that she “... believes”
‘Quent Morrison harassed the two women. Quent Morrison had conptnentd Panel Dailey on her
looks, occasionally. Quent Morrison, however, did express an fgret i having a relationship with
Glendora Williams and he commented on how good shé lookéa, Glendora did mention this fact
ee |
during the HR investigation. No mention was made that these statements were offensive, perhaps,
as Glendora Williams said, because she did not deal withthim, usually. She worked in the Purchasing
and he worked in the field. Mrs. Scott and Micheli¢ rocket encountered Quent Morrison and other
male members of the Streets and Storm'Water Division, frequently. Although, the 2007 HR
investigative notes do not reflect the following, Mrs. Scott, during McLean's Extemal review,
when he took illegal pills to heighten him sexually. One day he would catch her in the breeze way
and say, “give the some/pussy,” you can give “these others nigga a hard time,” but I am going to
Cord Harvey, Streets Division supervisor, said that he never heard or saw Quent Morrison,
sexually harass Mrs. Scott. He heard, however, Mrs. Scott say to Quent Morrison, “You are not my
2 Mrs, Scott complained, during the McLcan External Review, that she was forced to do hard labor, using a weed eater
‘along the canal banks where a side-arm equipment was available for use, and was used by the men doing the same work;
she failed to mention this fact during the 2007 HR investigation. Also, she did not mention that all the men inthe Storm
‘Water Division were constantly asking and pressuring her for sex, as she mentioned during the External Review.
12 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
«damn boss and you eannot touch me.” This statement was not further explained,
During the HR 2007 investigation, Cory Harvey said he heard Mrs. Scott say to Quent
Morrison, “You cannot handle this PUSSY with your DICK.” He said Quent Morrison and Mrs.
Scott often kidded around like that. He also said that Mrs. Scott used inappropriaté language to
others in the workplace; on Thursday, October 18, 2007, Mrs. Scott was seen sitting on the lap of
‘one of the Streets Division employees, hitting the employee with play leks. Hie(Alan Winn) did
tell Mrs. Scott “No horse playing,” and the two of them should keep their finds to themselves,
because there was too much acusations around Public Works ta hose playing shouldbe kept ta
minimum. Mrs, Seott did not allege that Quent Morrison touched her :
Quent Morrison, in defense to the verbal complain, fered specific denials. Fist, he never
made any inappropriate comments to Mrs. Scott, but offensively counters that she, on June 13,
2007, asked him to eat her private part, jokingly.””“HE describes an April 30, 2007 meeting — 18
days after Mrs. Scott moved to,the Storm Water Division — among Alan Winn, Mrs, Seott, and
himself, as « meeting about the way he addressed the crew. Mrs. Scott said he addressed the crew
in a mean manner. Since then'he went through the crew leader, Robert Jackson, to give her
assignments’. “Atte eid of a July 24, 2007 meeting, presumably, with Alan Winn, Mrs. Scott
reiterated that hé:was not approaching the employees in a satisfactory manner, According to Quent
Morrison, ‘She was the only employee in the crew with the problem. He apologized for any
inconveniefie his conduct may have caused and he may have appeared to be a little strong, but it
‘was not intentional. Noting, however, that Mrs. Scott was always challenging his knowledge about
“ Robert Jackson stated that he never had any discusion with Quent Morison about any inappoptlate conduct with
‘Mrs. Scott nd Malcolm Summers denies having a discussion with him about Kim wanting him o ext her private pars,
Robert Jackson stated that Mrs, Scott was with his crew less than 2 month
3 This is working draft of Assigned Counse! work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC.
EXTERNAL REPORT
storm water and nobody is going to say anything out ofthe way, because “she is always sitting under
wi
is Lewis.” He gave a point by point denial to Ms. Scott’s allegation:
He never told Mrs. Daley, “Man, I like those breasts you got there!” or asked
Glendora how much it will take to get into those drawers? ‘
He never asked Mrs, Scott for sex, or to give him some PUSSY or “When are you
going to let me fuck you?” (... in the breezeway or she would be retumed.to the
Streets Division.) "Se
He never said you need to leave that old man along and get soime-“young dick.”
He did not have a picture of a man’s penis that she claims was shown to her.
He never said to Mrs. Scott, in the presence.of Willie Hewis, he (Willis) should
hang weights on his penis to make it longer or that hé never told Willie Lewis or
Mrs. Scott that he hanged weights on his penis.
He did not joke with Mrs. Scott and stayed avey ‘from her.
He does not recall Alan Winn telling him and Mrs. Scott there is a zero-tolerance
rule regarding sexual harassment inthe workplace.
‘He has heard Mrs. Seatt say that “You would have to pay for having sex with me,
‘because this is good,” bat she never told him his penis was small.
He never told MrsSeott they did not have a relationship, she could lose her
job. > if
Mel can examined the ifiployees’ contemporaneous 2007 statements in connection with the
alleged sonal harassment incident, the consistence in the 2007 statement of facts across other
‘witnesse¥ statements made in the 2007 HR investigation, and compared the 2007 employee
statement the MeL can External Report. Factors McLean used in determining the credibility of
the employees included: (1) the employees’ personal knowledge; (2) the employees present at the
scene; (3) the employees’ attention span at the scene; and (4) the employees told the whole truth.
‘The number of employee statements or the frequency of a particular statement was given far less
u This is a working draft of Assigned Counsel work product, which coatains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
weight than the "qual
‘or power" of believability of the employees’ statements. In sexual
harassment claims, often there are only two persons to the alleged sexual harassment moment: the
accuser and the perpetrator. In the “#METOO” public environment, McLean and others handling
sexual harassment investigations, are urged to “believe the accuser” as the first step in the
investigation, MeLean's analysis takes the victim's statement as true, initially.
As is typical, Mrs. Scott said sexual harassment by a supervisor, Quent Morrison, occurred
10 years ago on the canal banks and in the Publie Works Department lunchrosittand the breezeway
area of the central office and Quent Morrison denied, veraeibusly,'the allegations. Her story is
collaborated by her contemporaneous verbal reports to Robart'Jackson, based on the 2007 HR
investigation, a Storm Water Division crew leader; and Alsi. Winn the superintendent that Quent
Morrison sexually harassed her,
Alan Winn testified that, when. att first Came to the Streets Division, she and Quent
Morrison used to tease each other about things that should not be tolerated in the work place. One
day, they were exchanging words and Mrs!’Scott did not like what Quent Morrison's response was
and she came to him afd wanted'to Jet him know that Quent Morrison was sexually harassing her.
Alan Winn, in his@ffice, eounselled Quent Morrison and Mrs. Scott, separately, about the City’s
zeto-toleratice policy agdinst sexual harassment. Mfrs. Scott was summoned to his office because
said that she initiated the conversations. This was the only report to him.
‘Alain'Winn said he heard thatthe two of them joked about sex. Mrs. Scott said that she would
whip Quent to death in the bed; that his penis was small, Quent Morrison would respond what he
would do to her in a similar fashion. His statement about hotseplay was collaborated by Corey
Harvey, the Streets Division supervisor.
1s This isa working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
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EXTERNAL REPORT
Alan Winn, who admitted he had sexual harassment training, claimed he advised them both,
frequently, that this type of behavior should not be tolerated in the work place; after he said what he
had to say he would walk away. Alan Winn denies that he told both Mrs, Scott and Ms. Crockett
that they would have to go to the Streets Division until they retire. Both young ladies were paid out
of the Streets Division budget, and Mrs. Scott was only on loan to the Storm Water Division until
«hat Division reached full complement, The official records substantiate this statéient and, more
importantly, Mes. Seot’s pay and benefits, when she returned tothe Streets Division, remained the
same, ton
Alan Winn’s testimony is believed, because his'testimony is against his own interest. It
revealed that he did not follow the City’s Sexual Harassment Policy. The
ilure to adhere to the
policy subject the offending employee to discipline. “The City’s Policy, Anti-Discrimination and
Anti-Harassment Policy, Resolution 39-15, reads: ”
Each supervisor and Depaitment head is responsible for making sure that all
employees within eath employee's arca of responsibility are aware of this
policy, for ensuring that personnel decisions are made in accordance with this
policy, and consulting withethé Human Resource Department when improper
behavior is obsérved oF reported,
Alan Winn failed to follow the policy. He did not notify HR of Mrs. Scott's claim that Quent
Morrison seiually harassed her. Mrs, Scott reported the 2007 claim directly to HR, because the
hareiement continued. Many times, a workplace harassment situation can be resolved with an
apology, coaching, retaining a transfer, or other remedial actions, Alan Winn ““walk-away” sexual
horassment counseling was clearly ineffectual, and more was required of him under the City's
Policies. Under Section 3, Anti-Discrimination and Anti-Harassment Policy,
Supervisors have
the authority to monitor and ensure that all employees comply with this Policy.” Because Alan Winn,
16 This is a working draft of Assigned Counse! work product, which contains mental impression and as such is
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JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
violated the policy, he was subject to disciplinary action up to, and including, termination, His
statement against his own interest makes his 2007 statement more believable than not. And the fact
that Quent Morrison does not remember if the counseling session happened or not and Mrs. Scott's.
statement that the meeting occurred, lends credibility to the truthfulness of Alan Winn’s statement.
Alan Winn’s statement that employees joked in the workplace, more particularly, that Mrs. Scott
engaged in sexual banter and horse place in the workplace, is relevant. Moreover the behavior was
probative, based on the sexually-charged work environment with Mrs, Seottafthe center or focus of
the horseplay. Quent Morrison’s statement that he did not joké wi Mrs Sbott is contradicted by
‘Alan Winns his statement is not believed. In McLean's Extemijavétigaion, Michelle Crockett,
the first female Maintenance Worker, in the Streets and Storm Water Divisions, stated that Mrs.
‘Scott was flirtatious, and she saw Mrs. Scott engage in horscplay with a supervisor other than Quent
Morrison. Malcom Summers, a Maintenance Worker in the Storm Water Division, in McLean's
External investigation, to0, stated that, “Mis. Scott was flirtatious on the job and, with the rumors
about her in the workplace, is why, he believes, they tried her.” He knew her. Malcom Summer's
dad, an assistant, counselled Mr&Scott and her husband, Harvey Scott, a retired City Mailroom
employee, in their marriage, Looking at her marriage and how it went down and the conversation
he had with the ‘guys in the Divisions, one could say she was loose. Also, during the 2007 HR
investigation, Gorey D, Harvey stated that he saw Mrs. Scott in the lap of one of the Streets Division
employees amd she was hitting the employee with play licks. McLean’s External Report would have
lent weight to his statement alone, but for the fact that he is accused of sexual harassment following
the 2007 incident. Mrs. Scott's lone supporter was Willie Lewis.’ In 2007, Willie Lewis said that
Willie Lewis and Mrs, Scott denied that they had a romantic/sexual relationship, However, Myrtice
7 ‘Thisisa working sett Ane ‘Counsel work product, which contains mental impression and as such is
6, on-discoverable and not subject to Chapter 119.
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‘Miss, Scott told him, “the same depictable account of sexual harassment that she gave to HR”. During
McLean's External investigat
1, Mr, Lewis said that Mrs. Scott “had to fight for her panties when
she first got the job.” He said that Mrs. Scott’s husband gave him permission to protect her on the
job, because his hands were tired. Willie Lewis, in a prolixity and disjointed fashion, during
MeLean’s Extemal investigation, said that Mrs. Scot was sexually harassed inthe Mailroom before
coming to the Streets and Storm Water Divisions, while she was caring for a new bom infant, His
recount of events is questionable — not because he is a convicted felon, or othéts’ statements that he
had sexual relationship with her, which would lend credence to'his iotivation to assail others who
allegedly pursued Mrs. Scott. Willie Lewis's statement is unbefiyable, beceuse Mrs. Scott said she
‘was not sexually harassed when she worked in the Mailroom:
All women she identified to support her claim of widespread sexual harassment stated that they
didnot see any harassment in the workplace. Glend6t Williams said that Quent Morrison expressed
‘an interest in her and complimerited:her on how good she looked; she did not find his actions”
“offensive, Michelle Crockett did not consider Quent Morrison’s comment about Mes, Scott having
4 big booty inappropriate offensive. She realized that she had gained weight a the time the
comment was made Ja ft, she sid hat Quent Morrison never harassed her, ang that she heard
Mrs. Scott tise oiensve‘an i in appropriate language. That statement is inconsistent with what she
said.in MeGeai’s Extemal Report. She said that Quent Mortison made unweleomed advances, but
did not pushthe isoue, and if she felt omy, she would succumb or that her co-workers made
unwelcomed comments to her daily. A co-worker said to her, “You look like you have good pussy,”
Yorker said that she accompanied the two in a city truck when they went to Mrs, Scott's resident and saw
the two having sex.
18 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119,
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EXTERNAL REPORT
or men that saw her, while working the streets, such as, “That bitch looks good, take one for the
team dog.” Michelle Crockett would say to them, “If these women knew what you said about them,
you would be in trouble, they would sue you.” Continuing, she said, “Mis. Scott does not act like a
young lady” and she puts herself in positions whereby men will say things about you. On occasion,
according to Michelle Crocket’s 2007 HR statement, Mrs. Scott was, sometimes, found lingering
around Public Works early or staying late into the night with another Public Works Department
employee with whom she believes she was having a relationship. She, alsa, sai that Mrs. Scott can
be sometimes seen performing “hoochie” dancing atthe work Hace, Although, not disclosed” in
the 2007 HR investigation, Michelle Crocket told McLain that's tas sexually harassed several
times by Benny King’, Corey D. Harvey, and Quent Morrisonall supervisors, in McLean’s External
investigation and that co-workers harassed her. Bemiy‘King took her tothe Garden Road! and told
her to“... fuck, fight or hitch hike,” The'haraiimient started in 2005, when she became a
Maintenance Worker. She cussed fim out and said, “Take me back tothe damn yard.” The City,
however, was not on noticé.of the harassinent and cannot be held liable for these supervisor's
conduet towards Michelle Crockett, Her credibility is given less weight because she was not forth=
coming. Perhaps, she ad god reasons, job fear, her own conduct maybe viewed as complicit, such
a3 drug forex, her voluntary consensual sex with Corey Harvey, the “powder man,” or some other
Michelle Crocket’s view of sexual harassment maybe @ bit unorthodox. A co-worker told
others she got her drunk and had his way with her and she did not remember that they had sex. She
7 The focus of the 2007 HR investigation was Quent Morrison's conduct. Mrs. Svott was not asked about her
treatment on the job by other superior
* Benny King was not a City employes in 2007.
® Michelle Crocket got cocaine from Corey D, Harvey on and off the jo.
19 This isa working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
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EXTERNAL REPORT
said that was a lie and, if she did something when she was drunk, it was something she thought about
in advance and wanted to do. As she said, “The drunken mind speaks the sober truth.” In her view;
many of the indiscretions on the job were mistakes in judgment on her part.'° These actions,
‘comments, and conduct violated the City’s policies, as well as the hoochie dancing, and “voluntary”
consensual sex on the job were prohibited, even if the comments, conduct, and actions would not
legally constitute sexual harassment. (See Section 6 A, expli
tly prohibits “graphic or suggestive
‘comments about an individual's dress or body in the workplace.)
Eindings be?
1, MeLean finds that Mrs. Scott’s allegations that She, was. sexually harassed by Quent
Morrison, the storm water supervisor, are sustained and are'a clear'violation of the City's Anti-
Diserimination and Anti-Harassment Policy. The allegations are supported by sufficient evidence in
the 2007 HR investigation and McLean's External inyestigntion. The horseplay, the gross vulgar,
and very offensive language was diurbin, the ld counseling and verbal rebuke by Alan Win,
the superintendent, to Quent Morrison, aid hen to Mrs. Scott, ae reprehensible. The City’s policies
required a robust and fim response: éSpecially, when one of is supervisors was involved, The
evidence showed that Quént Morrison was not the only supervisor harassing female Maintenance
Workers. -Michelle Ciocket was harassed by Benny King, Corey D. Harvey and, and Quent
Morrisons several timiés, which she never reported, Benny King took her along on a trip to the
Garden Read and told her to “Fuck, fight or hitch hike.” ‘These words are shocking, vulgar and
deplorable, And two years later, the same kind of conduct continued with Mrs. Scott, who did make
areport. That report, made to on-site management, evoked a timid response, that Mrs. Scott and
‘8 Willie Lewis" views were unorthodox. He said itis not sexual harassment, ifthe women give-into male pressure in
the workplace.
20 This isa working drafL of Assigned Counsel work product, which contains mental impression and as such is
privitege, non-discoverable and not subject to Chapter 119,
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EXTERNAL REPORT
Quent Morrison should abide by the City’s policy. The record showed, convincingly, that Mrs.
Scott’s actions, at times, were not in compliance with the City’s anti-discrimination policies or as
the women (including Michelle Crocket) said, her actions were “not lady like.” Her actions and
those of Quent Mortison’s required a more full-throated enforcement of the City’s policies. Both
Michelle Crocket and Mrs. Scott, in subordinate position to their supervisors, voraciously fended off
their supervisors’ harassment through profaned words and threats of violence, Bit the City’s rules
are designed to make such “feisty” behavior unnecessary to provide a professional, productive, and
pleasant working environment that is characterized by mutual réspect and dignity. In short, the
City’s anti-discrimination policies provide a prophylactic “etal 8ivility code,” which Chapter
760.10., Florida Statutes, and Title VII do not, nor were designed, to be.
2, Mrs, Scott’s 2007 sexual harassment cldim; based on Chapter 760, and Title VIL, is
‘unfounded, based on the credible facts revealed in the HR 2007 investigation and unsubstantiated,
based on the incident dates in the HR.2007,HR Investigation and McLean's Extemal Report. It is
difficult to determine if the-alleged six (6) months of sexual harassment meets the heightened bar,
“severe and pervasive,” establishéd by case law. The City’s polices establish a much lower bar than
the courts. Mrs."$éati’s Sexual harassment claims are unfounded because the statute of limitations
has run om those-claims, thus, the investigations failed to disclose sufficient evidence to support a
il on a case of sexual harassment, an employee must show that: (I) the employee is
‘a member of a protected group; (2) the employee was subjected to unwelcome sexual harassment,
such as sexual advances, requests for sexual favors, and other conduct of a sexual nature; (3) the
‘harassment was based on the sex of the employee; (4) the harassment was sufficiently severe or
21 ‘This is a working draft of Assigned Counsel work product, which contains menial impression and as such is
pévilege, non-discoverable and not subject to Chapter 119.
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EXTERNAL REPORT
pervasive to alter the terms and conditions of employment and create a discriminatorily abusive
working environment; and (5) that the employer knew or should have known about the harassment
and took insufficient remedial action. See ay SuperAmerica, LLC v, 933 So.2d 75,
80 (Fla, 5th DCA 2006): sec also Natson v. Eckerd Corp., 885 So.2d 945, 947 (Fla. 4th DCA 2004)
(citing Breda v. Wolf Camera & Video, 222 F.3d 886, 889 n. 3 (11th Cir.2000) ind Castleberry v,
Edward M. Chadbourne, Inc., 810 So.2d 1028, 1029-30 (Fla, Ist DCA 2002)). i‘
‘Whether “the conduct complained of was ‘sufficiently severe or pervasive.to alter the
conditions of employment and create an abusive work exvirofingnt? is the ‘element that tests the
mettle of most sexual harassment claims.” Gupta v. Florida Bd. of Regents, 212 F.3d $71, 583
(11th Cir.2000) (internal citations omitted). As the cleveith crit announced, [rlequiring the
Plaintiff to prove that the harassment is severe or pervasiye ensures that Title VII does not become
‘a mere ‘general civility code.’ Faragher.v. City of Bea Raton, 524 U.S, 775, 788, 118 S.Ct. 2275,
141 L224 662 (1998). This reirement is regarded “as crucial and sufficient to ensure that
Courts and juries do not mistake ordinal ‘socializing in the workplace — such as male-on-male
station, ~ for diseriminatory conditions of employment.” Oneale v,
‘Sundovmer OfftoHe Serves, Ine, 523 US. 75,81, 118 S.Ct. 998, 1401.Fd:24 201 (1998).
‘At idgue, here, is whether Mrs. Scott presented evidence sufficient to meet the fourth element
of hg claim and ‘whether the City had notice of Michelle Crocket’s claim. As to Michelle Crocket’s
claim, the City was not on notice, Now, to Mrs. Scott's 2007 claim, to demonstrate that the
harassment affected the term, condition, or privilege of her employment, she will have to show the
harassment was “so severe or pervasive as to alter the conditions of the [Plaintif?s] employment and
create an abusive working environment, See Harris, 310 U.S. at 23, 114 S.Ct, 367; Gupta, 212 F.3d
2 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
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at 584; Mendoza, 195 F.3d at 1246. Relying on U.S. Supreme Court and 11 Circuit Court of
Appeals precedents, the Court, in Maldonado v. Publix Supermarkets, 939 So.2d 290, (4 DCA
20016) explained that:
{the objectionable environment must be both objectively and subjectively
offensive, one that a reasonable person would find hostile or abusive, and one that
the victim did, in fact, perceive it to be so. In ascertaining whether an envitonment:
is sufficiently hostile or abusive to support a claim, Courts look at the totality of
the circumstances, including the frequency of the discriminatory conduct; its
severity; whether, or not, it is physically threatening or humiliating, @'mere
offensive utterance, and it unreasonably interferes with an employee's work
performance, Maldonado at 294. ss
‘Ms, Scott's 2007 Quent Morrison claim, alone, do not rise to the “severe and pervasive” level
establish by court decision; Maldonado, supra, especially, when there is no evidence that the
harassment continued after the start of the 2007 HR investigation and her retum to the Streets
n''. In McLean External’s Report, she.stated that Corey Harvey, Streets Division
Supervisor, later harassed her, but:this claim was never reported to HR. She said she verbally
Divis
reported Corey Harvey's hansen to tnterim City Manager, Gloria Shuttlesworth, who served in
that postion from 2008-2008." is likely that the aggregation of her 2007 and 2008 claims and the
Michelle Crocket inside iiay meet the “sovere and pervasive” est. For our purposes, if Ms.
Crockett, when joined with ‘Ms. Scott's claims, Ms. Crockett never gave the City notice of her
claims, ‘and significantly, Mmes. Scott’s and Crockett’s, claims are more than ten (10) years, well
past ‘the fouir (4) year statute of limitations.
3, The City promptly investigated Mrs. Scott’s 2007 claims. The investigation
commenced within 17 days of the claim. It did not, however, follow its rules, which required that
“Ms, Seot complained hat Alas Winn test to sed her fo Stet nls eis; however, hr anf the
‘Storm Water Division was temporary, until that Division manpower shortage was met.
2B This is a working draft of Assigned Counsel work product, which conta mental impression and as such i
privilege, non-dscoverable and nt subject to Chapter 119,
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HR communicate with concemed or complaining employees about the status and results of the
investigation and actions toward a resolution of the issue, See Section 6 (D) (3), Anti-Discrimination
and Anti-Harassment Policy; nor, did it conclude its investigation, However, the failure to
investigate is not an adverse action and will not support a hostile work environment claim. See
Eincher_v. Depository Trust and Clearing Corp. Eyeglasses, 604 F.3d 712, (2 Cireitit 2010).
However, the City may be held strictly lisble for the discriminatory acts of its Sipervisors, if itis
tunable to effectively use the Faragher defense, Faragher v. City of Boéa\Raton, 118 S.Ct
2275 (1998); 524 U.S. 775 (1998) The Supreme Court ruled that, when'a supervisor's sexual
harassment culminates in a tangible employment actiof, suctas a’dismissal or an undesirable
reassignment, the employer is automatically liable. However: when no tangible employment action
is taken, the employer may avail itself of an affirmative defense. The defense has two necessary
‘elements: =
1. that the employer exercised reasonable care to prevent and correct, promptly, any
sexually harassing behavior, and
2. that the employee unreasertably failed to take advantage of any preventive or corrective
‘opportunities provided by the employer.
‘The City’s failiare, arguably, to promptly prevent and correct sexual harassing behavior exposes the
City to significant damages, but for the statute of limitations defense,
ALLEGATIONS TWO AND THREE
2008-2011 Corey D Harvey and 2016 Danny Jones Supervisory Sexual Harassment Allegations,
Mrs. Scott complained that Corey Harvey, the Streets Division supervisor, sexually harassed her
24 SIS SSS SSeS ESE SSE ee eee ee eee a eee
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privilege, non-discoverable and not subject to Chapter 119,
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in 2008. Corey Harvey, she alleges, “... a lot of women gave into...” his sexual advances; at first,
he was with this girl and that girl; he did not bother her at first.” Mrs. Scott said, “A lot of women
gave into ...” his sexual advances. He first approached her after she injured her ankle on April 3,
2008, while working, She was required to have crutches to maneuver. Mrs. Scott: fold McLean,
‘one day, in the presence of Sammy Smith, a coworker, Corey D. Harvey, atthe time cloek, placed
his hand between the crack ofher“but;" she tured and tried to take his hea ff with the crutch,
She told him ithe disrespeets hero touches her again, she was going to kil ith. She reported the
incident to Alan Winn; however, Sammy Smith would not tel te truth because she said he would
get in trouble, She thinks he will, now, tell the truth. _McLeait wequésted Sammy Smith’s contact
information from Mrs. Scott and the other ineviewees ‘however, he was not provided the
information. No other employee verified her story, at the time, except Willie Lewis, the carpenter.
The only person to support the buttocks ing was Willie Lewis. The others said you could not
believe anything about Corey D, Harvey, because he stole from the City. However, Willie Lewis
said that fie was at the door léoking at the incident, He chastised Sammy Smith for not speaking up
for Mrs, Scott and telling” ‘management what he saw, but he said that he understood his silence
because he needéthis relisement. When asked, as Mrs. Scot’ self:proclaimed protector”, ifeny
cone came t6uskehim, or did he volunteer information ebout what he saw, he answered “No,” saying
why vould they ask him, because he was “fighting them.”
Mrs: Scott said that Corey D. Harvey continued to harass her after the buttocks-grabbing
incident; she complained, again, to Alan Winn, who said to her, “What do you want me to do, take
" Willie Lewis said that “Kim had no protection,” except “Kim's husband gave me permission to protect her on the
job." Harvey said Mr, Scott gave him permission to protect Mrs. Scott on the job, because his hands were tied,
28 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119,
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it across the street?” She replied, “Do whatever you want fo,” but, “if he touches me again, I am
going to use this machete.” Corey D. Harvey retaliated by giving her the most difficult jobs on the
‘canal bank; but he never touched her again, “He could see the anger on my face,” she said. She
did not report her sexual harassment allegations to the HIR Department and there are no notes in the
HR Department related to Corey D. Harvey's alleged harassment of her.
At an unspecified date, Gloria Shuttlesworth, who served
interim city'manager between
September 3, 2008 to June 22, 2009, met with her and Rhonda Peterson, af her request, afte the
buttocks- grabbing incident to tell what Corey D. Harvey had dofte, Agcording to Mrs. Scott, Gloria
Shuitlsworth sad, “You are the problem, sleeping withall thee méo, forcing these men to have
sex with you.” Gloria Shutlesworth, strongly, in amild and thoughtful manner, denied her account
of the meeting. While she does not recall the meeting, asking if Mrs. Scott had dreadlocks, her
‘comment related only to the difficulties of being the ‘first women in # male-dominated profession
and techniques for women to navigate clallenges ‘of being the first women in a male- dominate
workplace, adding, maybe, Mrs. Scott misunderstood what she was saying. Rhonda Patterson, who
‘was present in the meeting, denied, Mrs. Scott's assertions. She said that the complaint was about
her. She was asked torcometo City Hall by the City Manager. Mrs. Scott’s complaint was in writing
She has a copy'of the written complaint. In the complaint, Mrs, Scott complains about Rhonda
Patterson's waiform; se suid that she reveals her chest and she lent her money to pay her utility bil
via Alan Win, The complain was not bout Corey D. Harvey’s sexual harassment towards her. In
tone and comment, based on Rhonda Patterson, her complaint was “high-schoolish.” She said it
made no sense to her.
26 TREE ISS
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privilege, non-discoverable and not subject to Chapter 119.
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EXTERNAL REPORT
‘Mrs. Scott said that she went to Troy Perry, after Corey D. Harvey’s termination on September
25, 2009, and Gloria Shuttlesworth's departure from the City, compl
ing that Gloria Shuttlesworth
did not follow-up on her sexual harassment complaint. Troy Perry, she
, did an investigation,
and noted that things got better after her meeting with Troy Perry.
Troy Perry stated that Mrs. Scott never approached him about sexual Harassment in the
workplace; her concerns expressed to him related to Rhonda Patterson's preferential treatment in
public work, He sti tat she is mistaken that she had contacted him abou Mis. Shutlesworth’s
refusal to follow up on her sexual harassment complaint, noting that he retired in 2010 and returned
to City Government in 2012. He said, Mrs, Scott had came to him with such information he would
have immediately responded and documented her sexual harassment concern.
Rhonda Patterson and Mrs. Scott came:to Public, Works within two years of each other.
Rhonda Patterson was hired on October 24, 2005 #it@’Nirs. Scott was hired on February 26, 2007.
Both were initially assigned to the Streets Division. They had a good relationship with each other;
as Rhonda Patterson said, they were “coat”
‘women who worked in the mailroom, but Mrs. Scott was not “lady like” or professional, at times, in
the workplace, Rhona slated. "Rhonda Patterson's husband was into motoreycles and she would
see Mrs. Scott abbiking functions. Both of them were high ack
ers. She and Mrs. Scott wanted
to obtain their, commercial driver's licenses (CDL), which qualified them to drive vehicles weighing
26,001 pounids or greater. Rhonda Patterson used Mrs. Scott’s computer to study and obtain her
CDL license. Prince Alexander, operations manager, urged the two to improve their skills and
Knowledge base and held them up to the male standards in the Public Works Department as
examples. He challenged the men in the crews, saying it is a shame that the women are more
a eS SSeS eee EEE Ee eee ee eee eee eee eee a eee eee
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privilege, non-discoverable and not subject to Chapter 119.
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qualified than the men"?, The men did not have the CDL licenses and none stepped up to obtain
their CLDs.
Prince Alexander joined the City on June 13, 2011, as the Streets Division supervisor. Mrs,
Scott was one of his fourteen (14) employees in the Streets Division and she welcomed him as a
newcomer and “showed him the ropes.”'* She was his go-to person because she eagerly took his
direetions and moved quickly to follow them, Mrs, Scott was a good etnployee, tating her an eight
(8) on a 10-point scale, “No one gets a 10,” he said, The challenge with Misi ‘Scott, was that she
Jacked essential leadership skills and computer skills. He pushed her i grow and assert herself more
asa leader. Rhonda Patterson was, too, a good employee. *
Prince Alexander pushed the December 16,2013 eréation of the erew leader position. ‘The
crew leader position provided opportunities for growth and development. The position was
advertised. On a rotational basis, all employecs.in te Streets Division were given an opportunity to
tead crew thus, demonstrating thet ndviduel strengths and capes as leader, The Misses
Kim Scott and Rhonda Patterson were seleéted for the Crew Leadet positions. On the oral examine,
Mis. Scott reviewed the score of the two.
Upon Alaii Winn’s retirement in August or September 2015, he was promoted to operation
manager, aisunhing responsibility for the Streets and Storm Water Divisions. For the Streets
Division, hé.oyersaw landscape management, pothole repair, irrigation, and rodent control; for the
Prince Alexander heard rumors that he and Mrs. Scott had a relationship and that he favored Mrs, Seot, covered for
her when she was not pulling her load. Those rumors are wrong. ‘The Misses Kim Scott and Rhonda Patterson more
‘than “.., cared their keep,” based on their performances. He had closed-door meetings with Strets Division
employees to discuss the reasons why Mrs, Scott and Ms. Rhonda Patterson got the obs and to dispel any relationship
™* Mrs. Scott’s husband worked with him af the Palm Beach Garden, prior to coming to the City, making it easier to
build a working relationship with her witen he came in 2011,
28 SE re eS eee eee eee ee EEE ae eee Ee ee eee
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Storm Water Division, he oversaw canal maintenance, piping, catch basins, in-pipe camera, and
chemical spraying.
When Harold Bellinger, who replaced Prince Alexander in the Streets Division, as the
supervisor, on October 12, 2015, suddenly passed away on March 6, 2016, he placed Rhonda
Alexander in the Interim Streets and Grounds Manager position without advertising the position. It
‘was, at this point, that Rhonda Patterson observed that her relationship changed:with Mrs, Scott.
She had an attiude that everyone, including Prince Alexander and manageriont, was “doing her
wrong.” Rhonda Patterson believes that Prince Alexander told Mrs, Seott that she would get the job.
Mrs. Scott said that Prince Alexander told her that he would not:havéchired her or Rhonda for the
interim supervisory position because they lacked computer skill; he would hire someone from the
outside. Prince Alexander said that, while Mrs, Scott hiad an advantage in the knowledge of plants,
she promoted Rhonda Patterson, because she liad more leadership ability. Mrs, Scott did not think
the promotion was
Mrs. Scott’s performanee, noticeably, taised concerns with Prince Alexander, particularly, in
2016. In the establishment of the 2016/2017 Goals and Objectives of the evaluation, he noted the
following: >
* ‘Take'a lead role insuring that vehicles and equipment are being maintained and
“, setviced properly.
4. “Attend some type of Managerial/Leadership Training course(s) as they become
.-available for employee development.
‘+ Improve on using the proper safety gear and equipment while performing your job
duties, ic., safety vest, cones, signage, etc., and make certain that the employees are
following all safety procedures,
‘© Improve on time management and organizational skills.
She was counselled or written-up, pertaining to the Goals and Objectives. For example, the
Department was directed to dress out in the City’s uniform for the 2016 MLK Parade, Mrs, Scott
29 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
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showed up wearing jeans. Of a Department of thirty (30) employees, she was the only out of uniform
for the occasion. Prince Alexander said to her, “You think people are plotting against you, but you
are not doing what you need to do and, in the process, putting us all in hot water.” Another example
's the improvement operation of the asphalt truck. Mrs, Scott should have known howto operate the
truck after two years with the truck in the fleet. The Hooper (that keeps the aspbalt hot), the éab, and
the chassis are two separate units that can be operated separately. She had both daits running atthe
same time, wasting fuel. To Prince Alexander, she was neither thinking like a feader nor setting the
Proper example. ‘This incident happened in March of 2017. Afiother incident was when Mrs. Scott
‘was written-up for disobeying her supervisor's directive, instrutding het not to attend the October
21, 2016 City-Sponsor Entrepreneurial Seminar om, worktinie,, ‘The event was open to the public.
She had her crew drop her off at 11:00 AM, while they go back to work, and she attended the
sominar. Her management admonished her béequst'6f' failure of leadership on her part and a lack
‘of attentiveness to her crew, who was forced lo work shorthanded. Mas. Scot told McLean that she
should not have received the November 16,2016 ‘written warning because, (1) other City employees
attended the event; and @)ishe hald.an interest in exploring business opportunities. The event ended
just before the statof a City-wide activity hosted! by, Danay Jones, the interim city manager"
“None of the counselling or write-ups occurred because Mrs. Scott was treated differently because
refusal to have sex with anyone on the job since 2011,” Prince Alexander stated.
Mrs.” Scott told him about the past sexual harassment complaints, when he arrived, and she may
have held linger feeling from the past; however, he was the new guy; he set the tone and the past
was relegated to the past.
© Dany Jones stated that he gave opening rem athe Eniepreneur Seminar and sw Mrs Sot ther.
“© Daany Jones was appointed tothe Interim City Manager position on September 27, 2016,
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Mrs. Scott makes an allegation of sexual advances in an offsite and off-duty setting
involving the former assistant city manager, Danny Jones. ‘The single sexual event occurred,
according to Mrs. Scott, in April 2016 or May 2016 atthe Renegade Club, There were drinks served
and she had one or two drinks. Danny Jones was atthe club with two friends ofthe etred sheriff
in 2014, the Spring of the Year, He recalls them discussing his upcoming SOth birthday. He
remembers seeing Mrs. Scott there, Except for he and his friends, there were no other law
‘enforcement personnel present, Mrs. Scott came to his table to speak and then: Sat atthe table and
talked, They had food and dink, Danny Jones and his buds ef the cub; he is ot sue if Mrs.
Scott was atthe Club when hele or not; he did not see hi where was leaving, This was the only
oceasion Mr. Jones saw Mrs. Scot in social environment. Mis. Stott said she lft the Club, walked
to her car, and spoke to a group of young men who were laughing and making fun of one of their
companions because he was drunk. Mrs. Scott claim’Diinny Jones came up behind her, spoke to her,
exposed his penis, and asked her to sek it. She said she cursed him out. She never reported the
incident. Danny Jones denied asking her to’perform a sex act, exposing his private parts, and asking
her to keep the incident between themselves because he had a family and reputation to protect.
Findings
1. McLean finds that Mrs. Scott’s allegations that she was sexually harassed by Corey D. Harvey,
Streets Division supervisor, is sustained, based largely on the strength of Michelle Crockett’s
statements.” » She, eredibly, described a workplace where sexual harassment and unweleomed
comments were a regular part of the daily routine by co-workers and supervisors. Benny King,
Corey D. Harvey and Quent Morrison coerced and sexually harassed her. Corey D, Harvey had sex
‘with her, all the time, using his position and exploiting her drug habits, Alan Winn, the
31 Ee eS eee ee EEE SEE SEE Ee ee eee eee eee
This is working draft of Assigned Counsel work product, which contains mental impression and aa such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
superintendent, should have done more to protect the women under his control and cleanup a
workplace pungent with sexual innuendos, horseplay, and coercion. He was involved in the
2007/2008 time petiod with investigations into the Davon Hill's (mechanic) alleged sexual
harassment of Michelle Crockett; Mrs. Scott's complaint of sexual harassment, and awareness of
Quent Morrison and Mrs. Scott teasing each other about things that should not be tolerated in the
‘workplace, and the meeting with his staff on the zero-tolerance of sexual harassmiééit onthe job were
ineffectual. McLean credits Michelle Crockett’s statement that Alan Winn sihthat she and Mrs.
Scott would be retumed to Streets Division until they rete, ‘These c
the four-year year statute of limitation. ‘The City’s policies required-a robust and firm response,
especially, when supervisors were involved; this did not happen.
2. MeLean finds that Mrs. Scott’s claim thit Gloria Shuttlesworth, the interim city manager,
failed to act on her report that Corey. D. Harvey"secually harassed her is unfounded,
allegations were demonstratively fils, or there is no credible evidence to support the claim. On the
strength of the evidence, in MeLean’s Extetnal investigation, Gloria Shuttlesworth, is exonerated of
the claim, in other words, er action was proper and lawful, These findings are supported by Rhonda
Patterson's credible Statefient
id documentation. People’s memories, like dreams, rich in details
at the momiént, fade in time, as they are cleared from their minds, Mrs. Scott’s description of the
meetings, on.two separate occasions, was clear and certain, Factors MeLean used in determining
the credibility of the employee included, but are not limited to, (1) the employees’ personal
knowledge, (2) the employees present at the scene, (3) the employees’ attention span at the scene,
and (4) the employees told the whole truth. ‘The number of employees” statements, or the frequency
of a particular statement, was given far less weight than the "quality or power” of believability of
32 This is 2 working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
the employees” statements. On the Gloria Shuttlesworth claim, three witnesses contradicted Mrs.
Scott’s claim, Rhonda Patterson’s statement is corroborated by Mrs. Scott’s 2007 HR interview
statement. Her interview statement is inconsistent with, and contradicts, her two 2017 McLean
interviews. Troy Perry, whom Mrs. Scott credits with improving her work experienée, stated that
Mrs. Scott never approached him about sexual harassment in the workplace. She talked tlhim post-
2012 about Rhonda Patterson’s preferential treatment in Public Works. Troy Petty did not have an
ierest in, ot a motivation to, lie about what he heard, Gloria Shutlosnith's many years of
accomplished public service at the highest levels of government and sensitivity to the issue at-hand,
lends credibility and believability to his account ofthe méeting. \,
3. McLean finds that Mrs. Scott's 2014 claim is unsubstantiated, i.c., the investigations failed
10 disclose sufficient evidence to support the complaint... McLean accepted as true, intially, Mrs.
Scott's claim that Danny Jones, the interim city snabige, exposed his private parts and ask herto
perform a sex act. MeLean, during his External ‘investigation, explored other rumors that Danny
Jones, while serving as a majar and deputy police chief, engaged in similar behavior. The statements
of Mrs. Freshly, custodian Susan Rosen, Police Department staff assistant; and Lavatra Griffin, the
secretary to Danny“Jones,.when he was with the Police Department, supported Danny Jones’
statement that he never exposed himself to Mrs. Scott. The rumors were that the custodian and the
polige receptignist saw Danny Jones in a sex act as alleged by Mrs. Scoit. Each of them denied the
rumors, Danny Jones’ truthful statement" that he loaned his former secretary funds to relocate
"TAladia Pranks, is an aspiring, dedicated, driven person, whose carecr objective was to become the Director of Parks
and Recreation. Her opportunity for advancement was curtailed, in her opinion, by the community's and some City
‘Council members’ “disdain” for the outgoing Director of Parks and Recreation. She felt that “his legacy was his legacy”
and she should be judged on her own merit and expressed that sentiment to the then City Manager, Ruth Jones, before
and after the final selection decision. In the McLean interview, she conflated her nearly 10-year-old sexual harassment
allegations and the political obstacles to her career advancement. Her 2009 through 2011 alleged sexual harassment
33 ‘This is a working draft of Assigned Counsel work product, which contains mental impression and as such is
privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN JR. & COMPANY LLC
EXTERNAL REPORT
back to Riviera Beach from Orlando, but he and his ‘secretary denied a consensual romantic
tolationship. Danny Jones, as a thirty-two-year FDLE certified police officer, servicing for twenty
(20) years in the highest level in law enforcement in three Florida cities, statements were given
considerable weight by McLean, particularly, when juxtaposed to the supporting’ collaborative
statements with respect from other females in the organization,
RECOMMENDATIONS AND-CONCLUSION
1. Sexual Harassment Training, In ten years, the City experienced drastic staff
reduction due to the 2008 Great Recession. The stress of mot Work With less staff, limited resources
to train, particularly, in the areas of sexual harassment and employee job insecurity, wrought by no
‘Wage increases for years, arc contributing factors to a lack of attentiveness to adherence to the City’s
claims against Danny Jones were never brought) the HIRDepartment’s attention. She did tell the Parks Director that
she was uncomfortable around Danny JonéS and thathe attempted to kiss her in 2009, The former Director of Parks and
Recreation did not take steps, consisvent with'the City’s Sexual Harassment Policy, to address her concems. Aladia
Franks failed to produce documentation, eg. phone records and romantic notations, she alloged she had to collaborate
her statement that Danny Jones fas. fomantic interest in her. And she did not provide nares of females, whom she
alleged, advanced promotionally becasé W6¥ “Paid [sexually|to play” to enhance their carers.
anny Jones denied the allegations and produced post-2013 documentation to refute Aladia Franks allegations that she
‘was shunned, after she reeled his 2008-2009 advances. Danny Jones’ and Aladia Franks’ statements showed that
fY oFTbeate personnel or outside agencies to help her with her heavy workload, when
she served as intexim diets in'2015. However, for bdgtary and administrative reasons the help did not materialize.
Danny Jones-told, McLean that Aladia Franks would have told the former Perks Director, if she felt the least bit
‘uneomfortabfe around him, who in tun would have brought her conceras to his attention. The former director, who told
MoLean at ‘lad Franks did report her concerns fo him, did not convey Aladia Franks’ concerns to Danny Jones, nor
ddd he telf Planny’Jones of Aladia’s concerns. ‘The former Parks Director handling of the situation was surprising and
shecause he valued her as an employee.
‘Skamned the 2016 hiring process to replace the former Director of asks and Recreation, particularly the
scoring proces. Alaa Franks felt that Danny Jones's animus towards her hampered her chances to become the Parks
Director. Aladia Franks was onc ofthe top three candidates on the lis reviewed by the City Manager, Ruth Jones. Ruth
Jones, a the onset ofthe hiring process, set the selection criteria, selected the institutional players and the citizens
‘aking up the screening committe, and made the final decision to fil the Parks Director positon. Danny Jones was
the lowest scorer across the board and Rendy Sherman was the highest scorer among the two institutional participants
inthe screening process. McLean's analysis of the scoring process is that Danny ones scoring didnot adversely effect
‘Aladia Pranks’ chances forthe job, The final decision was made by Rush Jones, uferconsutaton and discussion with
Ms, Franks
34 This is a working draft of Assigned Counsel work product, which contains menial impression and as such is
Privilege, non-discoverable and not subject to Chapter 119.
JACK L. MCLEAN IR. & COMPANY LLC
EXTERNAL REPORT
policies. The non-priortization of sexual harassment training fends to the coursing of in the
workplace and its risk to the City’s reputation, respect, and treasury. When a supervisor fails to act
Promptly, to address sexual harassment in the workplace, the City is strictly liable and, more
importantly, the mental and emotional health of employees suffer. ’
2. Additional Department Resources. Melean noted the need for additional HR
Department resources. Timely and efficient resolution of workplace concerns, particulary, sexual
harassment complains, lingered far too long. ‘The City needs a eredible “nip” to fairly and
objectively call “strikes and balls.” If “strikes and balls” are not called, the City and officials suffers
from unfounded rumors and ad hominem attacks, i
» attacks atigthet’s character, which becomes
harder to dispel, with each passing year. 4, Se
3. Suocession Planning. MeLean’s interviews ‘of women in penultimate positions in
their classification fel that they were not properly, md andor considered for future advancement
in their careers. This led to deep
