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04APR19

1055 Hrs

This is my testimony to an event that happened today at the TMFPD office located at 1001 E. gtr' St. Bldg
,,D,,
Znd fl}Of ,

At approximately 1000 hrs, I was at my work station in the I office of the TMFPD office. I heard
say, "Good morning Commissioner, what are you here for"? Unknown Commission=, stated, "l'm
here for Chief Moore and a budget meeting. Don't you know that? Don't you know his schedule"? As I
heard the disrespectful dialog, I peered out the Training office door to observe who was speaking ti our
ID
office staff. I made eye contact with Commissioner Jung. While looking directly at me Jung asked "ls
that the guy that's leaving replied, ' " as I waved to her.
Commissioner Jung walked directly into the office and closed the door as I stood up from my
work station. ,Jung IJ \T S,tg
stated, "Your Chief needs to go" and I questioned, "Which one, Chief one or two"? She replied, "your
Fire Chief', Puzzled, I was at a loss for words and confused as to why I am subJect to this
communication. Jung then questioned why r \was leaving. I stated I think he has better
opportunities \. Jung stated, "Good, 'a
climber. I like climbers". Again Jung stated, "Your
Fire Chief needs to go. I need you to get two other commissioners to vote with me". Jung then stated, "l
am angry'' in which I replied, "l see that". Jung continued with intangible comments about
"being gay ugly" and. name I cannot recall, "Canrt fuck ,Continuing, Jung said, ,,1
hate all fucking men and no man should be in power''. I stated, "l disagree".

Feeling extremely uncomfortable, heart racing and wanting to escape, I asked Commissioner Jung,
"Would you like to get coffee some time"? Jung said yes and I said I would get ahold of her as I opened
the office door for her to exit.

Commissioner Jung exited the office and moments later asked out loud, "Where is the coffee? I

know you firemen" as lsaid nothing, I pointed to the coffee pot outside the
\office.
Feeling extremely uncomfortable and not wanting to be confronted by her again, I packed up my stuff to
that
leave the office. As I was walking out, I remembered was in his office, directly
adjoining the \pffice and went to his office ryas in his office and I closed the door to ask if he
overheard anything from the' office said he didn't hear a thing as he was
engaged in a face to face conversation. I shared what I had just experienced, expressed my discomfort
ano \recommended that I write down what just happened.

I left the office to a safe location to write what happened to the best of my memory. Conclusion of this
writing is 1136 hrs.
Zr,".Pl".lee
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Qefr+ RENO

MEMORANDUM

TO Patricia Hurley

FROM: Sandra Ketner

DATE: May 2,2079

RE Investigation into Complaint

On April 5,20L9, you contacted me to retain my firm as independent special investigators

in relation to allegations of discrimination and harassment asserted by Truckee Meadows
Fire Protection District C'TMFPD') , . Specifically, alleges
that Washoe County Commissioner Kitty Jung made inappropriate comments to him that
were discriminatory and sexual in nature in a closed door exchange that occurred on April
4, 20L9... further alleges that Commissioner Jung was aggressive and
threatening towards him.

My firm has not been asked to provide risk management advice or to express legal
opinions or make legal recommendations regarding the allegations in this matter.
Further, this report does not offer any opinions regarding whether any civil or criminal
laws have been violated. Such opinions are outside the scope of this report and my
assignment in this matter. My narrow and specific assignment was to conduct a thorough
investigation of . allegations and to determine whether the conduct
occurred and if so, whether such conduct constitutes a violation of any TMFPD or Washoe
County policy. Finally, I have not been asked to provide disciplinary recommendations
or any operational recommendations based upon the allegations or my investigation
results. Any disciplinary or other operational decisions will ultimately be made by the
Washoe County Manager, Washoe County Human Resources Department and/or TMFPD.

II. DOCUMENTS REVIEWED

I have reviewed the following documents as paft of the investigation to date:

. Complaint from dated April 4,20L9;
. Washoe County Policy regarding Complaints of Policy Violations Against Elected
Officials;
. Washoe County Code of Conduct;
. Washoe County Discrimination and Harassment Policy; and
. TMFPD Discrimination and Harassment Policy.

Littler Mendelson, P.C.

FIRMWIDE:154155417.1 079239.1005
I asked each witness if there were any additional, relevant documents in their possession
related to the complaint. At his interview, provided a copy of Reno Police
Depadment Report #11-12792 (original and three supplemental reports), At his
interview. provided a Memo from him
dated April 4, 2019 Re: Documentation of Events -04-04-2019. At 'interview,
provided a copy of an email sent to I self on April 5, 2019 entitled lD
"Notes from Thursday 4l4lL9 Admin Office."

During the course of our investigation, submitted a written

complaint against Commissioner Jung. You provided me with a copy of
complaint on April 18, 2019.1

No other witnesses identified or provided any directly relevant, non-privileged documents.

III. WITNESSES INTERVIEWED

On AprilL2,2Ol9,I interviewed
On April 75,2019, I partially interviewed However, the interview was
suspended in order for to decide whether lwished to file a separate ID
complaint against Commissioner Jung or proceed only as a witness in the investigation
into complaint.

On April , 2OL8,I interviewed Commissioner Jung. On April22, 2019, I completed the

17
interview of On April 25, 2019, I interviewed t
On April 29,2079,I interviewed .
No other witnesses employed by the County or TMFPD with directly relevant knowledge
were identifled by any party.

ry. SUMMARY OFTHE ALLEGATIONSAND FINDINGS

alleges that on April 4,2OL9, Commissioner Jung made inappropriate

comments to him that were discriminatory and sexual in nature.
u^l6uB
Commissioner Jung denied making any inappropriate, discriminatory comments.

I The investigation into complaint against Commissioner Jung is set forth in a separate
investioation reDort and will not be specifically addressed herein.

ID
2
FIRMWIOt:164155417.1 079239.1005
Given the consistencies in verbal and written description of the exchange
with Commissioner Jung, which was suppofted by the verbal and written descriptions of
. statements to
other witnesses as well as additional witnesses'
representations that Commissioner Jung has made comments of a similar nature in the
past, I conclude that Commissioner Jung violated the Washoe County Discrimination and
Harassment Policy'
rhus, I concrude that
Commissioner Jung is p.d;rysubstantiated and partially
unsubstantiated.

V. SPECIFIC FINDINGS AND CONCLUSIONS

unsub

3
FIRMWIDE:164155417.1 079239.1005
 Alleqed Statements Reqardinq Chief Moore in Closed Door
Meetinq

alleges that Commissioner Jung made a "beeline" for his office and closed
the door. Standing approximately eight inches from his face, Commissioner Jung told
i"Your Chief needs to go." ' reportedly responded, "Which one
- Chief one or two?" Commissioner Jung then repotedly said "Your Fire Chief."

Commissioner Jung's intentions behind discussing the issue with hir. C#Tir':fr5r1rlJ
reportedly called la "climber" and stated that she "likes climbers." According tD
to , Commissioner Jung reiterated "Your Fire Chief needs to go. I need you
to get two other commissioners to vote with me." felt it was absolutely
inapproprlate for Commissioner Jung to approach him while in uniform in a closed door
meeting in an attempt to oust Fire Chief Moore. described Commissioner
Jung's demeanor as aggressive, hostile and threatening.

Commissioner Jung denied that she made a "beeline" for the'

Office. She
acknowledged that the door was closed but could not recall who closed it. She did not
recall how far away she stood from but denied that her proximity was any
violation of his personal space. She further denied that she was standing less than a foot
away from him or in his face. Commissioner Jung admitted that she said "Your Chief
needs to go." She explained that the nature of her meeting with Fire Chief Moore was
going to be best practices regarding length of stay,3 However, Commissioner J ung denied
saying that ,. needed to get two other commissioners to vote with her,
Commissioner Jung maintained that she believed the person she was speaking to in the
Training Office was She disagreed that it was inappropriate to
make a statement such as "your Chief needs to go" to that individual because she thought
the individual she was speaking to was retiring and she wished to
commiserate and build a relationship with him.

3In the budget meeting, Commissioner lung asked Fire Chief Moore how long he had been with TIYFPD.
Commissioner Jung explained her opinion that best practices for length of stay in such a position is 5 years
plus or minus two years. Commissioner Jung calculated that Fire Chief Moore had already extended his
stay at TMFPD, Commissioner Jung stated that Fire Chief lYoore was obviously insulted and visibly shaken
by her comments.

4
FIRMWOE:1641SS417.1 079239.1005
 ' stated that Commissioner Jung did not necessarily make a "beeline" for the
However, she was not hesitant in her actions in proceeding to the
- Office.
Office. believed that Commissioner Jung closed the door.
-was surprised that she closed the door to speak with and found it
to be "weird" that a commissioner would have a closed door meeting with an on duty
employee.

The preponderance of the evidence reflects that Commissioner Jung was direct in her
actions and comments, While she was mistaken regarding the identity of the individual
to whom she made the comments, the evidence reflects that she was indeed notified that
the individual was Regardless of the identity of
the individual, I conclude that it was inappropriate, unprofessional and disrespectful for
Commissioner Jung to approach an on duty TMFPD employee and tell that employee in
ID
a closed door conversation that the employee's superior "needs to go." Additionally,
given the consistencies between Verbal and written representations in
comparison to the verbal and written descriptions by land '
, as to what told them immediately after his exchange with
Commissioner Jung, the totality of the evidence reflects that Commissioner Jung indeed
told that she wanted him to assist her in convincing two other
commissioners to vote with her and terminate Fire Chief Moore's employment with
TMFPD, Therefore, I conclude that Commissioner Jung violated the Code of Conduct in
this regard.

Alleqed Discrimi atorv Comments

alleges that following their discussion about Chief Moore and l

', Commissioner lung stated "I'm angry." fudher alleges that
Commissioner Jung made intangible comments about
'and referred to as "beinggay, I ugly." According to
. Commissioner Jung also stated couldn't be the fire chief because
. "can't fuck :"-| - -.... claims that
Commissioner Jung stated "I hate all fucking men and no man should be in power." ID
reportedly responded, "I disagree" to which Commissioner Jung then
-
supposedly said, "not all of them most of them." represented that he
was offended by the alleged statements he attributes to Commissioner Jung.
explained that he was shaking when he called \ totell lwhat had happened
with Commissioner Jung. further stated that there had only been two times
in his life that he recalled being upset to that level.

Commissioner Jung denied saying "I'm angry." She further denied making any
statements about
' , physical appearance and/or sexual orientation.

5
FIRMwIDE:164155417.1 079239.1005
Commissioner Jung denied making any comment regarding and further denied
any comments in relation to any individual potentially having sexual intercourse with
. Additionally, Commissioner Jung denied saying that she "hates all fucking men."
Commissioner Jung did not think she said "no man should be in power" during the
meeting in the Office. However, she acknowledged that she might suppod such
a statement in the context of a more academic discussion related to the #MeToo
Movement. Commissioner Jung represented that she is a feminist who would not make
such comments regarding women,

stated that Commissioner Jung has made comments of a similar nature

to about sexual orientation. Specifically,.
stated that a few weeks after . was hired, Commissioner Jung asked
during a telephone conversation Isgay?"
reportedly responded "I didn't ask a
Additionally,
stated that Commissioner Jung has spoken to
about the alleged sexual activities of
that there was no
regitimate, business rerated reason for discussing th.t t"fi:JTil:ed
stated that Commissioner Jung has made comments to
t regarding her opinion that

men should not be in charge.

ID
Likewise, stated that Commissioner Jung has made comments of a similar
nature to about sexual orientation. alleged sexual
activities for which there was no legitimate business related reason to discuss, and her
opinion that men should not be in positions of leadership.

Based upon the preponderance ofthe evidence, I conclude that Commissioner Jung made
inappropriate comments to that were discriminatory (related to gender and
sexual orientation) and sexual in nature. I fudher conclude that Commissioner Jung
violated the Washoe County Discrimination and Harassment Policy by making such
comments.

, Actions Following Exchanqe with Commissioner

Junq

Following his exchange with Commissioner Jung, \ claims that he felt

extremely uncomfortable and approached l who was with
r in his office. asked \if he overheard any of
: conversation with Commissioner Jung, which
denied, then relayed to and ,his I

exchange with Commissioner Jung. advised r .to

document the incident. \ left the TMFPD office and went to the TMFPD
warehouse to write his statement, which was completed at 10:55 a.m.
1D
s Commissioner Jung denied making the alleged comment.
6 Commissioner Jung denied discussing ,

6
FIRMWIDE:164155417.1 079239.1005
Later that afternoon, met with -
gave I his written statement and relayed what
he recalled from his interaction with Commissioner Jung earlier that day. According to
: asked if he was making a complaint against Commissioner
Jung and if he was willing to sign it. replied in the affirmative and indicated
that he wished to file a complaint with the EEO office and state ethics board.
suggested that submit his complaint to the Washoe County Human
Resources Department and he agreed.

was ln . roffice when entered and asked

lf was listening to his conversation with Commissioner Jung.
According tc ',, 'stated that he was very uncomfodable and
appeared on edge and unnerved (in comparison to his usual even keel demeanor).
' told them that the Commissioner made comments to him about "having
two more commissioners to talk to to get the Chief removed," a comment regarding
'being in charge, a derogatory comment about someone being gay,
and something about having men in charge. advised to
document the incident. thought that
descrlption of events,
appeared credible in his
\t
stated that at approximately 10:30 a.m., entered
office appearing visibly upset. had never seen
that way. dsked if
r could hear his conversation
with Commissioner Jung. that' did not hear
any words that were said. - then 'told
told and
that Commissioner Jung made comments such as "we just need to get tvvo
more commissioners to get on board so Chief Moore can be fired," she wanted
to be the Fire Chief but other commissioners did not because
is .. -. gay, and "this is why men make bad leaders."
r
told to document the incident "right now." then
notified that he needed to contact, because he was upset
and it was important, proceeded with budget meeting with
Commissioner Jung. Later that afternoon, t gaveI his written
statement and indicated that he wished to move forward with a complaint against
Commissioner Jung. describec as very
professional in his response t stated that 'had
no doubts regarding credibility with respect to the alleged incident.

Commissioner Jung stated that she did not even remember the exchange with
,as it was not exceptional nor did it stand out in her day. As set foth above,
Commissioner Jung denied the majority of ; allegations and denied the
alleged statements he aftributed to her. Commissioner Jung believes that ,
complaint is a coordinated effort' to discredit her and save

7
FIRMWIDE:164155417.1 079239.100S
 Mooret job.
Commissioner Jung described Fire Chief Moore
'Fire Chief
and obviously insulted by her comments during their budget meeting about his
tenure. Additionally, Commissioner Jung recalled hearing from others many years ago
liked her. Commissioner Jung believes that r ,
;never
that made
the complaint against her because he knew positions would be opening within TMFPD
and he is aligning himself with Fire Chief Moore to be appointed to one of those positions.
Commissioner Jung thought that it was strange for a union employee like - ,
to align himself with management.

stated that he had met with Commissioner Jung on one prior occasion when
,

he was lobbying on behalf of the union for approval to buy body armor.
stated that in his prior experience, Commissioner Jung talks like a sailor but was not
unprofessional. ID
'and , denied having any information which
would indicate that icomplaint was fabricated. To the contrary, many
witnesses reported that
. I appeared visibly upset by the exchange, which was out of character for
him, and vouched for his credibility and truthfulness. The only witness who called into
question the veracity of I complaint was Commissioner Jung. However,
she did not provide any additional witnesses or evidence to substantiate her speculation
that the complaint was manufactured. Therefore, I conclude that made
the complaint in good faith. I further conclude that there is insufficient evidence to
substantiate Commissioner Jung's claim that complaint was fabricated.

VI. CONCLUSION

Based upon the totality of the evidence, I conclude that complaint is

substantiated in that Commissioner Jung violated the Code of Conduct by making
inappropriate, disrespectful and unprofessional comments to him regarding the
termination of Fire Chief Moore in a closed door meeting in the TMFPD office while
was on duty. I further conclude that complaint alleging that
Commissioner Jung made comments that were discriminatory and sexual in nature is
substantiated. I conclude that Commissioner Jung violated the Washoe County
Discrimination and Harassment Policy by making such comments.
unsuB

8
FIRMWIDE:164155417.1 079239.1005
 f^pt.ycc,
et
CL>S- o,r*
WA$HOEGOUNTY 1OO1 EgTHSTREEI,A2aO
RENO. NV89512
PHoNe 075) 328.2081
lrtraJ HUMAN RESOURCES www.washoecounty.us

CONF'IDENTIAL

DATE: May 16,2019

TO Iruckee Meadows Fire Protection District

FROM: Patricia Hurley, Human Resources/Labor Relations Director 0$ '

RE: Summary and Conslusion Regarding a Discrimination and Harassment Complaint

Received April 5, 2019

The purpose of this memorandum is to summarizethe findings and conclusions of your

complaint alleging inappropriate comments constituting sexual harassment by Commissioner
Kitry Jung. In accordance with the Washoe County Discrimination and Harassment Policy and
policy regarding Complaints of Policy Violations Against Elected Offrcials, Human Resources
investigated the complaint using an independent investigator, Ms. Sandra Ketner, Esq. of the
law firm Littler Mendelson.

The complaint alleged that Commissioner Jung made comments that were inappropriate and/or
of a sexual nature towards you. After a thorough investigation encompassing extensive
interviews of employee-witnesses and review of relevant documents, the finding of the
investigation is as follows:
. Based upon the preponderance of the evidence, the allegation that Commissioner Jung
made cdmments that your superior "needs to go" in violation of the Washoe County
Code of Conduct is substantiated.
. Based upon the preponderance of the evidence, the aliegation that Commissioner Jung
made discriminatory comments related to gender and sexual orientation in violation of
the Washoe County Discrimination and Harassment Policy is substantiated.
. Based upon the preponderance ofthe evidence, the investigator concluded that your
complaint was made in good faith.
UNSr,r B

As a result of the findings, Human Resources will work with management to decide what
action, if any, may be appropriate. Human Resources will then close out this complaint and
discuss the findings with the County Manager.

Please be aware that Washoe County will not retaliate against an employee for filing a
complaint or providing information related to a complaint and will not tolerate nor permit
retaliation by management, employees, or coworkers. If you have any questions regarding the
above, please feel free to contact me.

,+
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