Harassment Report
Harassment Report
Martin,
activityoccurring
It is with greatconcernthat lfeel lmust makeyouawareof the unprofessional
ServicesDivision.While I havenot actuallycaughtthem havingsex,Aimee Bissett
in the Development
aroundthe officeliketo teenagersin lust.Theyattend meetingsand constantly
and ChrisLanziconsort
don't carewhatthey do on theirtime,
spendtheirtime textingbackand forth and giggling.I personally
but flauntingtheir relationshipin front of staffis somethingI find unacceptable.
that are not well thought out logical
they are makingdecisions
In additionto them publicallyconsorting,
(4)
willshare an area larger
Inspectors
Forexamplewhen we move into the new building,four
decisions.
to. Keepin mind that an Inspectorspendsaround
than the areathat 10 PlansExaminerwillbe assigned
90%of their time out of the office.While a PlansExamineris in the lffice 95%of their time in the office.
It doesn"tseemlogicalthat personnelthat spenda majorityof theiFtimein the field are given
largeofficeareas,and personnelthatspendthe majorityof theirtime in the office be given
excessively
an officeareathat is entirelytoo smallfor them to performtheir jobs effectively.
We've all beentold that our officefurniturewill haveto be a mismatchof what we currentlyhaveand
what DATCUleft.While Mr. Lanziis goingaroundbraggingabout the completeset of new office
furniturethe Citypurchasedfor his office.
ii;'
A few monthsago in a meetingto discussour officemove,the financialimplicationswere broughtand
Mrs. Bissettstated"Fundsare not a problem.After a coupleof drinks,Georgewill give me whatever I
want". it is Lradenoughthat this happened,but to publicallyadrnit.itsirnplyshowsa great lackof
tact.
maturityand a completelackof professional
can be created
I alsowonder how new positions(Asst.BuildingOfficialand AdministrativeSupervisor)
and filled.When the positionswere not postedso that intervielyscould be conducted.This remindsof
the "GoodOle Boy" atmospherethat is greatfodderfor the news media.
Most in the Divisionwill (l believe)corroboratemy claimsand simplyhaven'tspokenabout the situation
out of a fear of retribution.
ConcernedCityEmployee
Sincerely,
* I)entr.trt.'l'crcts76 2 0 5
*'
klaphone (940) 349-8340 Iiux (940.)319-83'tB
MIIMOIIANDUM
Confidcntial
Date:
August1,2016
Ir4onda1,,
'l'o:
Irronr:
BtrildingOfficial
RodncyPattcrson,
Through:
I)ilectorofllunranIi-esources
Carlal{ornine-I{aggrnalk,
Sulljcct:
Administrativc Lcavc
2.
3.
4.
5.
I)agc I o1'2
and
I cari bc rcaclicd at (940) 349-8539, Carri Byrcl can be reacltedat (940) 349-8349,
Mark Stcphcnscan be reachedat (940) 349-7810by thc
Your signalurc acknowleclgesthat you havc read, understand,and agl'ceto abide
for'
oopy
guidclirrcs statcclabovc. Pl.ur" sign inimcciiatcly upon reccipt and keep a
voru'sclf.
Signature
6 - t ^ )/o
Date
Servicc"
"Dedicated
to QualitY
del]Iar.gal]l
wu|ry,d-1yo,1
n I)A/tlol.yADI.;n
I)ai:c?-of 2
Smith,JamieM.
Monday,August08, 20161:44PM
Byrd,CarriR.
RE:TrainingRecordRequest
Report'pdf
ChrisLanziGeneralTrainingProgress
From:
Sent:
To:
Subject:
^Attachments:
Carri,
the HRTrainingProgram.chris in February2015 he
Attachedis a list of trainingsthat ChrisLanzihasattendedthrough
promotedsupervisorcertificateTrack,as of today he has not
was a promotedsupervisorand requiredto completethe
completedany of the requiredclasses.
tf y otu
^pRAt
fu.yLl\sl a*L*anrp',
la'vwi'e/Svvunv
z D endop vn'owt CN{d'LvLato{
Trwining'
llwna,wRe*otorcn*
CA;y ofDeattow
(94O)34s-8797
www.citvofdenton.com
From:BYrd,CarriR.
Sent:MondaY,August08, 2016 12:14PM
To: Smith,Jamie M. <Jamie.Smith@cityofdenton'com>
Subject:TrainingRecordRequest
with the datesthat ChrisLanzihas
of all the trainingclasses
when you havea moment,would you pleasegive me a report
attended?
$"i;
li;i:xfli;i;ie":6ffi,H1.,;aiilffi;mffi'
$$
L a n z i , C h ri s to p h e r Os c a r
E m ploy ee lD
125364
Depar t m ent
Div is ion
B U IL D IN G IN S PE C T ION S
General
I{ours
Course Tille
Date Attended
6ty20a4
M a n a g in g M a n ip u la tiveBch a vio r
6t15t2004
3n512005
0.4
12
Total
Grand T'otal
Training
IIours
As of:
CEU Credit
12
0.4
Grand
Total
CEUs
Monday,August08,2016
This document certifiesthat
ChristopherLanzi
earned CEUs by attendingCity of Dentoncourse(s). The City of Denton is an
Associationfor ContinuingEducation
authorizedproviderfor the lnternational
VA (703)506-3275McLean,
6195,
and Training,ProviderNumber
8 l B / 2 O 1 61 : 4 0 . 3 3 PM
9ana
1 al
InvestigationRcPort
Datc of l{cport: August 10, 2016
I{uman Resources
I{R Staff Who Conductcd Invcstigation: Mark Stephens,
cousuitant
con-ipiianceSpecialistand carri B1nd,I-IumanResources
Complaint- with Interim City
Datcs Complaints Filcd: Age I{arassmentDiscrimination
Cornplaint _ by
Manager on Jul1, 13,2016; Sexual I]arassmerrtDiscrinrination
on July 12'2016'
directsupervisoras per Ciry of DentonPolicf 108'05
emplo-vee's
DiscrirninationComplaiirt- Ms'
Pcrson(s)Who l,-iledComplaints: Age Ifarassment
pir"ri*inuiion co-plaint - Ms' E'mily Loisclle' if
SandyLawso-n;Sexuel uu.urr-"rrt
Lanzi
Pcrson(s)\\/ho Complaint Was Filed Against: Chris
Background
.
advcrselyimpactedbasedupon
referred to as Ms'
program. one of 1]reatlendees,Ms- Emily Loiselle, hereinafter
had a situation
Loiselie, carrleup to me after the training and said she
betu'eenone of her
hereinafterreferredto asD-
against1)rccomplainant,
of July l st and told lr4s.I.oiselle that lr{r. Lanzidirected the foliowing commeut torvatds
she,along with Cathy Welborn, enteredhis office to ask a question
If:rvhen
about a fee for a Ccrtificate of Occupancy.The first contment, in effect, said "Hey it's . .
beenalong1I n c .\\,e Sh o u l d m a Ke o u 1 .' .l JurIngrnIS S al ncI)r5U .-' ..IE Jol uJIIv
rvent to a rvhite board in the office and drew a little picture for the July 41hweekendtold her Mr- Lanzi made
ass.
Ano
IIn a lIy,
.t' ls.
L OtSclI
5 5tatcl l .tE l l t
rLaruu
LrraL 4r |E
Mr. Lanzitold hcr "we can turn out the lights, close the door, and ail of us can make out-"
According to Ms. Loiselle,|D
Then,Ms.I-oisellesaidthat|Eor,erheardthedepartInerrtdirector,Ainree
Bissctt, Sa1,"6irr', you shouldn'I sa1,thilgs likc that." Ms- i-oiseile's statementindicates
tha tffi r ,va supsetanderrrotionalrv] re n s h e e n t e re d Ms . L o is e i1 e ' s o f f ic e t o t e 1 1
lier about the inc i.cnt.
Initially,
.:
rvould not make a fonnal statementbasedon her
-I
for retaliationfrom Mr. Lanzi and/or N4s.Bissett- \tr/hcnslte u'as
overrvheimingconccrn
inlormed lhat a formal investigationfi-om the City \rlanager's Office had been initiated,
bascd on sexual
slre :rade a statelrent regar-di'g tlc pcrceived hostiie work envit'ontlelrt
harassmentu'ithin ilre Development ServicesDepartment'
IEcomplaint:
waS ;
One time iast summcr,j had a dresson ar)dit wasn'teven low-cut, he
i
to
stop'
him
told
i
today-'"
huge
look
like "rvhoa iook at ycur boobs,1.hey
when
iJe says stuff abouimy boobs a lot- I specifically remember the time
things
I rvaswearing the dreis. Other tirnes he's said things- When he says
be
to
iike "whoa look at your boobs,"it bothersme kcause I'm trying
not
mociest.Iie says siufiabout rny butl and boobs- He's said it probablv
of
even monthly or rveekly thing. Now thal he's in the of{ice more because
seehirn more oflen. When he was aroundme, he u'ould
his position,l
-^y
say sometiring.
The continuation of the incident is taken directly as a quote fromlE
statement:
that
In the aflernoon around 2 or 3 p.m., Cathy had someoneon the phone
the
have
didn't
had actirrepemrit to open a bar. She called becauseshe
other
money to do the rvork that she had permitted. She neededto keeplhe
to
a
solution
half of her bar open. I called Emilybecause I was looking for
hclp the busincssowner.
while
Emily said rve sl-rouldbe able to give her a CO to open the one side
of it
sire'sworking on 1i-reotirer. Since there was an active permit an-dpart
yet' So,
was to prrt up-u firewall. The inspectorsweren't back in the office
I told Cathyiet's go talk to Clujs becausehe's been there and he knows
what's going on. Ife rvould be abie to issue a CO'
Ile ir.adCari I{ager in his office. We stood to the side until they finished'
rvant
\tr/hcnrve rvalked in, he said oh what do y'all want? I{e said do you
to make out? Close thc door, let's make out?
Car-llaughcd it off l; i'.cu,hy is ire saying that. IJe seerned.like he felt
'
tire
arvkward but didp't know what to tuy. itota Chris not today' Carl lefr
he
office. Cathy and I told irim about the CO issue that we neededand
agreeId].
Vrhile \\,e are lalking, I slartcd drawing on his rvhiteboardfor the 41r'of
lulv. cath), had }eft and chris and I were alone in his officc. Ile tclis me
...1'r1
lOOkingat lrour but1."I said,"so." I{e said,"llo, i'r'nlooking at your
and left his officebutt." I said "rvl'ratever"
Aimee was acrossthe hail ald yclled "you'rebeilg prett)'ir:appropriate
"oh, you u,eren'tsupposedto hearthat." I didn't
over there."I{e 1,311s6
cxpectirim to saythis, but it didn't surpriseme. I can'treally recall him.
ever sal,il-rgthis sort of tliing towards other people.\\/hen he rvas potnting
out my boobs, I told hirn to stop.I{is beiraviortorvardsme is unwelcome'
The rest oI'the time i just tried to ignorehimh statcdthattIriskindo.|be1ra v io rt o . wa rd s I re r\ ^ , a S a re g u I a r:
:
were
in the foilowing paragraphs. I created the list of interviewees based on whether they
rnentionedin either statementand iooking at the employeeswho couid have possibly
seen or heard any pertinent information based on their ploximity to the events involved in
the complaints.
The Witness/Interview List
Mr. Joe Stapleton
Ms. Janelle
Montgomery
Vasquez
Ms- N4a1,ela
Ms. CathcrineWelbom
Ms. Sandl'Larvson
lr4s.Glcnda Gaillaird
S]'ATE,MENTSUMMARIES
- has$'orhedfor
Inspections
JoeStaplcton- PlansExamincrII - Building
I)cvelopmcllt Scn'ices for six months'
set
sunounding olle of the occurrences
Mr. Stapieton recalied tlic circumstattces
Mr'
osfi1ework euvironmentcomplaint against
out rn
Lanzi'
to get
"I rememberflre projectabouta bar andneeding
^ 9"ltit*:,:i
o c c u p a n cy.Iw a sn ,tp a yi ngallentiontospecific.dialoguebetweentlr e tw o!
. o f t h e r n .t]rn r\';i t" ;;,.j r i Itse er nedlikeaquandar yand
the office duringthe time
theywereunsureasto what,o tE,ieft
anaI havea closeworking
shewastuortlrrgo" tnit issue-I
iot. when shecameback to the
reiationshipand-confidein eachothera'iire
that -was
emotionaiexpressioi-t
kiiter'
off
rvas
she
ilrat
noticea
i
office,
, o n l r e r f a ce sh o w e d th a tsl re w astr oubled,butlcouldn' ttelltowlr
at
of time working with
a
lot
ul'o
and
cop
a
be
to
,r."j
f
degree'p""d
I[}"
'eeding
corumentsnradeit work.
Ms. Montgomery
ffi,Ms.Montgomerysaid,
CluisusedtocomebyGat1e a s t o n c e a we e k o rmo re o f t e n w1 re n
about work'
- Ife didn't come in to talk to her
is
Ife rvould just come and hasslc her. The probiem with Chris the things
he says.I wouid just write it off as his personality. I{e can be abrasive and
loud and boisterous.Ife ca.nalso be inappropriate.I just think it's just
Ciuis and that'sjust the way he is.
I tirink iie thinks hc's being fumy, but in today's world it's not really taken
as fumy anymore. Ifis abrasivenesscan be intinr.idating and i thinl< irc
cornesi]9rossthat way. I{e's vcry mattei of fact anC comes across that rvay
to m.e.I{e knows that I rvill come back at him and Lredoesn't rea}iy sa1'
Angela probably wouldn't say
thilgs to rne. I wouid say that Gana
is young and maybe doesn'thave the
anl'thing back to him. f
of knorvigg how to handie the situation. Angela is new and I
"xlr".i",rc" rvlt;'
shc wouldu't say any'thinglhink lhat's
'ili']iiiif
r{esaidso,,}erbings"o:u'#"HHi."
tt^]
*^r.'tg
shciraslold mc things
u.1,2;,
5i:1""
"* ll:]]:,t"i]t:::,.
goi ng :: "t;5i;
enougb o'er
^ra ;^r irappened
q
lui l"o,-,.,"rr-,in abour a whilelc
litJmat for
a reguiar occuilence'
"l*n'"n"
time that f'"tu'n"
't
RegardingtlreleadershipintheDeveloprnerrtalsei.,licesDeparlment,Ms.
of our
trre drne because
of
a*
wanf
r
,,"I can do
'vrrat
heard cluis say
has
that'e has
Montgonery
o'the reiatio'ship
cornmented
furlher
Ms. \{o'tgorrery
nerv ieadership.,,
with Ms- Bissetl
bY saYing:
*^,.utun:i::ti;|"l?I":"t-i:
aposition
hesot
how
know
to
,,drike
:J:x*T:'ili4JJ*i':'l^i'*!
**i"*;:'l"ffi
Y"" !t;ioioroo*"1T:
:l'iH::;;fr1f;
anrlconnection'
mutu:#iitdffi
a
rrs
rheyare"s,;i;;;'
MrLanzr
trktL]:*"ffi:W"ry*:::f:":J:::d
Ms' Montgomery
specificallyoffered
situatrons
stated:
Ms' Montgomery
reiationship'
Bissett's
andMs'
relationship-During
mote lt11 u work
I believe that Aim-eeTd :lti'have
:,1:;"ffi'#i'"'"'
o,,,.o.iul1"1,j:3T\T"#n:*il:*;*rfr
t'"'"'";"..,tbehave
thatway'
ftan just a fr-rendsrup' we do not behave tnat
it's stitrLai;"p#;d
situati'on where
offered another
Montgomery
soclal hours, Ms.
In addition to the
Mr.Larrziand]r4s.Bissetlseemedtobeveryclose.\{s.Montgomerystated:
:ffi'Lili'"
ffi5:i;.ffil
ly i}"Jft",'
i5i"'iiJJl*::
ff;;*::ti;tilr,'5";il:il$::ilI3'*##I.?5i:i!ii;!";
o*"
a'd I weret'T'ott;n;i,"r',"t"
A*b;:, ii','tir, itit".hl,i";
-1,1:.o
l}"'
il{il1
xi
:1,$"J
i:g*i'!?
rffi
,:it
i;T;lj#,:*
"T
e'dI
tt
and
they would stop
^Tt
directlons:tt,*t
Nor-rlally'
rhen-i.
r,crvrri )'
i;;"i ;. ",:T:
tiJ.'
TI*
r,u.,
:ffi
:
;ll._
X#,n:
'=
drlnK
"
us' I'r'e secn theirr
speaking 1'o
Ms. Montgolrery indicatestiiat the reiationshipbctweetrMr. Lanz'i and N4sBisseujiad an effect on l[t
^^.--.-I^:-i
u\Jr
rrprarrlL. l\/1'15.l\/^,
1'rvr)t$otn eLy' S statenrent also says :
her-"
.
Ms. Montgornery also said that she hadn't heard Chris directly say anything about
:.
_.
looking at
tire linesof "l'tl clieckingyour butt out right lfow'" I remen-:ber
ans\\/er
got
my
I
l'rimlikc did you just sal'1ilat'Cari rvalkedinto the office'
bar quickly to
and then I ieft becauseI had to get back to 1heowner of tl-ie
I
give her an ans\ /er-I don't recali irearinganything else inapproprlateu'lth this
was really focusedor-ineeding an answerand getting back
don't
person.Ti-rerecould have beensomethingelsesaid,but I reaily
Iatow.
.
Ms' welborn
ln rcgardto Mr. Lanzi',s conduct in and aroundthe department,
stz,tcd:
an1'thingelse
I knorv chris is a big joker, but I've never heard him say
I{e may have
about anyone'sbody parts. I've only beenhere six months'
up front,like you
said sornethingto sanay or someoneelse who is sitting
you can iiear liiia v;hen
need to retire Ir somerhing.Chris speaksso lo-,i3,ly
do." i just take it
he,s speaking.I,vc hcard ct,ri, .uyi'I do what I y*, to
Nothing has
rvith a grain of satt and lhink h"'stne of those kind of people'
ever happened,but hc does say that a lct'
Carl Partin - Plans Examiner II - Building Inspections- has rvorked for thc
De.r'clopmentSerwicesI)epartment for three
]'cars this OctoberMr- Partin offered his opinion about the nature of the environment in the
Development ServicesDepartment.Mr. Partin said, "Over the past year and a half, I've
heard cursing some amongst coworkcrs. I've heard Chris say 'I cal do what I wart,'when
Ite bccameInspectionsSupervisor,and then the AssistantBuilding Official."
In regard to specific behavior of Mr- Lanzi,Mr. Partin recaiied a meeting where
Mr-Lanzi appearedto bc out of line regarding a phone call. Mr. Partin stated:
I've heardliim say things to other employces.I?orexample,we were ail
gathcringin a meetingto discuss.thenew site plan. A few of the atlendees
had not shown up. I{e sat down arnongstever}rone.IJe rnakesa call and
.says"horv come you didn't answerrny call when i called?I'rn your boss
and you'li answerme when I call you." In the rooln was Rodney Patlerson,
Aimee Bissett,myself ald a few other people.Rodney said "rviroa Clrris
that'sa linie nlucl]." Aimee then laughedabout it. So, that made me thinl<
that u'hat Rodnel,had just said was negatedbecauseAimee is the Director
of the clcpartment.
I'r'e been around long enorigh to klorv what it looks like rvhen tu,o people
are l:aving an affair.
Chris came to the front counter and told Athenia and me that Airnee
Bissett wanted me to takc somethingfrom his desk to her at City I{all and
sheneededitquickly.Weas]<e.jwhy..[Ie',insieadofAtheniaorBrittany
Miller (Chris's Administrative Assistant).Chris said, "It's becauseAirnee
knorvs that Sandy isn't doing anything," and laughed.i told him I would
take it and asked Athenia (my s-ilpervisor)if she wanted me to since she
would have to cover the front desk for me. Athenia said that she would
take it to Aimee.
Furlher, Ms. Lawson said lirat sotnetimearound June 21, 2016:
Chris was walking by the counter going into Rodney's office- He asked
me when I was goi.tg to retire. I{e was very loud and the lobby was fuil of
people, including citizens, customers,and fbllow employees. I believe
Ir4unalwas rvalking by.
Ms. Lawson statedthat this kind of behavior had been going on for about a year,
at leastonce a u,eek,where \4r. Lanzi walks by and will makc a "derogatory comtnent
about irer 1ot rvorking, being too old, or asking hcr wheu sl'reis going to retire."
In regardto h4s.I-awsonsendinga lettcr directly to lr4r.Martin, Ms. Lawson
statecl,"l arn fcarful of retaliation,so I don't want rny supervisor,Athcnia GLeen,Aimee
Bissett,or Cluis Lanzito seetitis. Alhenia and Clrris are friends and Aimee and Chris are
friends."
-- I)cvclopmcnt Scn'ices
Illunal Nltauladad- I)cpgt1,Dir. of f)o,clopment Sct-r'iccs
Ms. \4auladadstated:
Chew-Joileshad heard the stalementsas well becaule of their cicse proximity to MsLawson's desk. In regard to Ms. Bissett'sconduct towards lr4s-Lawson, Ms' Mauladad
said, "to my knowledge, Ms. Bissetl has not made the statements,but I have heard her
iaugh when Mr. Lanzi saysMs. Lawson doesn'tdo anything anyway."
Ms- Mauladad said that she has talked with Mr. Patterson,Mr. Lanzi's direct
supervisor,about his behavior and Mr. Pattersonsaid, "[H]e is not going to get involved-"
Ms. Mauladad reported that Ms. Lawson is afraid of retaliation. Ms- Mauladad further
brought up Ms. I-arvson'sreluctanceto go to I{R saying that Ms. Larvsondid not trust IfR
and tlrat tlris inl'orrnationrvouldbe reveaiedto Mr- Lanzi, Ms. Bissett,and Ms- Green
rvho rvould retaliateagainsther. Ms. Grcen is iMs.Lawson's direct supervisorIn regardto thc fear of retaliation,Ms. Mauladad said, "she [lr4s-Larvson]said
norv that \4r. Lanzi's is so pou,erfulbecauseMs. Bissett lets hirn run the show- I asked if
comforlablegiving
sl-recould scnda letler, who siteu'ould sendit to. Sandysaid shefeit
it to I-lorvardMartin."
said that
In refercnceto lr4r. Lanzi's conduct withil the departincnt,Ms' Mauladad
is Airnee'" In
Mr.l-anzisaysthings such as "I ow'nthis place.I run this place-My boss
Mr' Lanzi's
addition, Ms. Mauladad offered further tiroughtsabout how she tliinks about
"Mr'
1t ServicesDcpartmelt. in tliis regard,Ms. Mauladad said,
roie i1the T)evelopl-ie
and says he
Lanziu,al],.sdorvn the hailway where the Plans Examiners are located
'owns
lr4s.N4auladad
saidthat slie had not brouglrttliis to anyone'sattenlionbecauseshe
said,"I
felt Iikc shcu,asbeingsingiedout andpushedaside.Specificaliy,Ms. N4auladad
havenot brouglttup Ms. Lau'son'sconcernsto Ms. BissetlbecauseI fecl there would be
u,hich is happeningnow, but I feel it rvould be
i'etaliatior-r
or characterassassination,
arr-plified."
In rcferenceto her own position rvithin ilre DevelopmentalSbrvicesDepatlnrent,
Ms. Mauladadsaid, "I, mysclf am emotionally drainedby trying to figure out what is
going on and concemedfor myself and my family that I may be pushed out and lose m1'
job." She said she is not comfortable approachingMr. Fortune rvith her feelings and
could not go to Ms. Bissitt becauseshe was involved in this. She tvent to Mr. Mhtir^ andsaid it was her responsibility to report the incident to him regarding the incident raised b5'
Ms. Loisellefrom July.
RegardingtheJulyiincidentbetweenEandMr.Lasui,Ms.Mauiadad
said that she was not prcsent that day but it was reported to her by Ms. Loiselie and she
reported it to lr,{r.Martin on July 5tir. Ms. Mauladad's statementincludes why she thinks
tirat Ms- Bissett and Mr. Lanzicould be perceivedto have an inappropriate rclationshipMs. Mauladadsaid that one time shc was locked out of her office and did not have a keyShe realizedthat Ms. Bissett and lr4r. Larvirvere bchind cioscd doors in her locked
officc. She said shc rvastold that they rverein her and N4s.Bissett'soffice. She texted \4s.
a frw rninutesthe door \\'asopened.
Bissetl and r\:i1-hin
would cotle
ire
late to make things better.Mr. Pattersonsaid,"to my knowledge,
in early and s1a1,
seenMs' Lawson
docs a lot of good work still'" Finalil" Mr- Pattersonsaidhe liad not
shou'fear aboutMr. Lanzi and his behaviorFurlher, while Mr. Pattcrsonwas the Plans ExarnindrSupervisor
Lanzi and Ms'
never came to talk to hiin about Mr. Lanzi- Moreovcr, regardingMr.
sexual relationsilip
Bissetl'srelationship Mr. Pattcrsonstatcd,"as far as an inappropriatc
that is going on' I have no
betvreenAimee and Chris, I do not seeanylhing that indicates
rnaking their
reason to believe t]-ratAmber or Sandy would be untruthltl about
statements-"
ar-rdMs' Bissett'swor-k
\4s. \/asquczalso statedrhe lollorving regarclinglr4r-Lanzi
and sometirlresCluis and
behat,ior.Ms. Vasquczsaid,"CiI-iS'sdooi is closedsometimes
to itave a relationshipand
Airneearc in theretogethersotnetimes.Chris and Aimee Seem
could
spendtirne together."This is as detailedas Ms. Vasquez
r cla ti on sh ip
i;i hcr judgrlent' She
Ms. Vasquezsaid that sometimesN4r. Lanzihe was meall
and Caliiy- She thought his
said that she had seenhim bc mean lowards Nicole Elkins
and Cathy rvere okay with it' in
treatmentof them was not very nice but, maybe Nicole
that Cluis.says "I do what I
regardtwo Ciuis's behayior as a leader,Ms- Vasquez slated
want." She thought ire said that pretly regularly'
Inspections - is a long-time
Bmil5, Loisellc - lrlans Exarniner Supervisor - Building
cmployeervith the Devclopment Sen'icesDepartment'
irect supervisor. In regard to the specific
Ms. Loiseile is
Ms'
Lanzi atdllD'
scenariothat is the basis of this complaint belu,eenMrLoiselle statedthe follorving:
on or about July i ,2016'iate in the afternoon'
'Wc'\'e been corvorkersfo
officem),
r11)'vrrrvv-D
came to
;- I'tn nou' her
il:;ffir^r
tr."i"rl talkingabout
Supetvisor (prior to
usedto be on thc samelevel as rne, aSthe Inspections
I believe he was less
that ire was an inspectorand reportedto my husband.
opcn aboulhis ilchaviorthen-)
official' chris
Abour a month ago, he got promoted to assistantbuiiding
rvho reports to
anclI both repofl to Rodncl' Patterson,Building Official
who then
Ir4u'al Mauladad,Dcputy blrector of De'clopr'ent Setvices
told
|I
rcpofls to Aimec gisseft, nirector of DeveloprnentServices'
her
to
Clrris said
me tliat after the1,got done discussingthe code it-:n.t:
u'ere otlter
Tirele
"1-ie1'
beetra long titne, you rvant to make out?"
11'a
Catherine
peopiein the roonl SoI think Cl'uisrvantedto irnpresslirem'
one of the
l{ager,
carl
welborn, nervPermjt Tech (reporlsto Glenda)and
office when
nervinspectors(reportsto Chris)were alsopresentin Cllis's
this happened.
"\I'e can shut the dOOr
Shesaid "no, I don't ll]ink So,not today." IJe Said
two cnarls 11-I
and aii nrake out-" Chris was sitting at his desk-There are
i"" elservas sjtting or standing I
there,but I'tn not surewhere
"t'"tf
that I
said u,hateveras they all *,"." i"u,ring Cluis's office- I told C
said
couldn,tbejrevelie did tirat and askeJrvhat Aimee said-f
"Cluis, I think that's a
Aimee poked her head into Chr-is'soffice and said
of iris office'
iittie inappropriate."Airnee l-radovcrheardit from outside
heard il bccauseher
Cluis speaksloudl1''Nicole Chew-Jonescould have
an office across
desk is outside of Chris's office. Aimee and Munal share
i]re comment' Chiis
from Chris's oifice, I cio not beiieve that ldunal heai-d
to hear that'"
madc some comment about "Aimee wasn't supposed
arrd realized that it
Ms. Loiszlle statedthat she went to an IiR class on harassment
IIR' She said that Mr' Lanzi's
was somethinglJratneededto be brought to the attention of
behavior has been swept under the rug and consideredas
talked to tl
said
f
Loiseile statedthat
again this past week [the week of July 1lth]' Ms'
behavior happeneda lot and
she was oka1,.Ms. Loiselle'asked if that type of
inappropriate
said not a lot but it has happenedbefore that he makes
cornrrlents'
-BuildingIllspections-lrasu'orliedfortlre
Ciiy forlJ,""..
iiffi?Iffiltio"s'rvithi'
theDe'clopmcntSc^'iccs
Dcpartment.
m sta tedthatitdidrr'tnratterifs o n re o n e wa s in ire ro f f ic c a ie rro t .
to irer' She
When \4r'. Lanzi carneby lie u,ould say ilappropriale lhings
statedire said so
somcthing
things that she tendedto forget becausehe aiwal's had
rnany ir.rappropriate
to
{FspecificalIydiscussedanoilrerincidentthatisthefocusofthis
to talk rvith Mr- Lanzi about an
irrvestigation.She statedthat on July 1,20!6,she needed
active permit to open a bar- nstated
ilre foilowing:
Rcgar<iingthereiationshipbetweenMs.Bisset1andMr.Lanzi'tf,said
including
ilrat they seemto be together a lot. "They've taggeCeach other on Facebook
Athenia..,f,remetnberedacontractor1unc1reonwhereMr.Pa11erSonwaS
1"'
ren]orseabout
\\iouldn'tgo au)/\vjtercbecausethey are so close.Chris irasuerrelshovurr
his behaviortou,ardsrne and he continuesto saythesethingsto me. I{e seemsto harreno
filter."
J(arcn Ilcrlnann - Planning Technician- Planning and development- she has
and four months'
u,orl<cdin the DcvelopmcntSen'iccsDcpartrnentfor thc 1'921'
Ms. I-lerrlann spoke directly to the assertionsregardingMr- Lairzi by stating:
Irm sumrisedto hear that Chris is the one that has said somethingto
Sandy.I've directly heard Nicole Chew- Jonessay stuf{to Saady like
"rvhy are you still here" or "when are you going to retire?" She made
Sandycry quite a few times over the past severalmonths. Sandy has her
glasseson a string and Nicole says "why are you doing that, are you that
old ?"
'She'salso said to Sandy "do you needa hearing'aid?"'Chriscould irave
said something like that to Sandy in a joking way. Chris has a loud voice
and you can hear him. I usuaily just ignore him. I've never heard Chris talk
about Facebookor Pokdmon Go or anything iike that'
Ms. Herman discussedher relationship rvith Ms. Lawson by stating:
When I worked with Sandy, I enjoyed working with her. She's very
productive and hclped me out a iot. I think as a deparltnentwe would lose
i lot of i.tforrnation if she decidedto leave. When I wanted to do a direct
deposit change,I asked Sandy for help on what to do. She trained me and
sire did a greatjob of training me. I got it and was able to move up.
I've hcard her say things about not feeling like she is valuable. I told her
not to listen to pcople and told her all of the things she'sdone and
continuesto do a lot. She'snevertold me who has said thesethings to her'
I just lcrorv of Nicole becauseI rvas sitting there. The front desk can be
very busy at tin-res.Peoplecoming in and pl-ronecalis'
l{egarding thcse statenelts that \{r. Lanzi he rcgularly rnakes around the
t
- she has
- pcrlnit Tcchniciansupcn,isol-- Buil<IingInsllcctions
GlcnclaGailliar-cl
i\/Is'
for about 14 )'cars'
v,orl<cd.rviththc I)cvclopmentSen,icesDcpartlncnt
\\'lto reports to l{unal l{auladad'
Gailliard is supctliscd b1'N{r' Rodncl' Pat?crson'
t,ho thcn r-cportsto Aimcc Bissctt'
on tire main floor' whell a
ir4s.Gailhardoffice is iD the city Hall west building
pcrsoncolnesirrroCitlil]a.llwestandislookirrgattlrcfi-ontcoutrtel,thepelsonrvould
in her office is the last office
take the irallway to the left and go to tire end of the hallway
said she can sometimeshear Mr'
on 1herigl-rt.prorn rvhere she is located,Ms- Gailliard
usually doesn'thear the people up
Paltersonbccausehe is pretty loud. She also says she
front uniessthcY are being ioutistating:
Ils. Gailliard refcned to Mr' Lanzi's demeanorby
he comes tiuough the
ctu-is Larviis hard in his tone and demeanor as
I have heard Chris Say "I
front area. Chris can to be disrespectful at times'
do wh atl.ivanttodo.''Chrishas c o me d o wn t o o u ra n d t lrro wn o u t a
commenttoBrittany,,you,renotdoirrganything..'Idonotrecalihearing
thai he was talking to Athenia'
him say anyrhing about Sanay. lt *uJ*oi"
RegardingtheeventsonJulyl2,20|6concerningMr.Lanzi'sstatementstoMs.
Gailliard stated:
Lawson about being too old to have Facebook' Ms'
WeweresittirrginoursupervisorrneetingonTuesdaythatwehavewith
it to Rodney's office yet
Rodney, irl Rodrrey,sofficc Ciuis hadn't made
said he had to get on
becausehe was getting something for Aimee- chris
to get off her phone and
1o someone,I rvant to say aUr"niirr, rvho needed
Rodncy's office and is
takc it to Aimee. Sandy sits at the desk acrossfrom
typically at rvort and sitting tirere'
wSen offerir-rgcontext about thc July i incident betweenilEl
and Mr'
\4s' Gaiiliard
In regardto the relalionshjpbetrveen]\4r.Lanzi andMs. Bissett,
froln
is acrossthe 1-ra11
said,"l'r,enoticedthat Chris and Airneecornmunicatea iot- Cliris
office door on
rvhereAi'ree and Munai,s olfice is located.I sceAimee standingChris's
severaloccasiotts."
- she has
Aimec Bissctt- Dir. of DevclopmentSen'ices- Planning and Developrnent
a half'
bcen thc Director of I)evcloirnientSen'iccsfor over 2 )'car-and
regarding
Ms. Bissetlrccaliedlhe eventsthat part of the focus of this investigation
thc incidcnt betrveenlr{s. P.odger:and \4r. Lanzi on July 1, 201(r
foliowing:
Ms- Bissetl was in hcr office that aftemoon. She recalled the
up frustration
statcd:
pan of the sexuaiharassrrentdiscriminationclaim, Mr. Lanzi
the commentsyou
On July 1, I recail safing sometilingaiong the iines of
and
and I have koo.tn each other outside of u'ork
just described.Il
togetl-rcroutside of
itave a fricndsSip. \\i e l'raddr-anktogether aird hung out
un\\Teicorre'
r^,,orkWe jokc ur,rur]dand I didn't Gel like the joking was
joking aroundrvithilI
\\ie are friendsand I feel corlrfortablc
outsideof tire of'fice'
Alhenia,and I have bcen friendsand harrgout
take anythingI said
I,n shockedbccauseI nevcr thouglrtshervouJd
me anfl]ing \\7as
and 1othiS ievel. I don'trecallher everteiling
ser-lousl1,
mole than happy to offer
inapproprialcor that I neededto stop-I would.be
]ravetalce. anythingI said
her ar apology.I neverthoughtthaishe wouJd
her concernshad shetold rne or
seriously.I iituld havc addrcssed
Rodney,orrnovingalithatshewasupsetabouttiresituat.rorr.
'
over ther""
t?t
,{in-ieemade a comment ilrat "that'sa little Over-tirc-top
a big dcai' Aimee and her
shelauilhcd after she said it. I thought it rvasnit
all
and her husband' i thought we were
husbandirave been out with E
friends.
rvhat I've said was
iras never sat me <iownan<isaid anything about
R.o<iney
departrnent'We are
inappropriate-Pcoplejoke around every day in our
professionalconduct'I
professionalat rvhatwe do. we needto ttav" a
ior't't knorv if there are training classesor something'
whal is appropriate and
You probably need to go to those to understand
what is not.
Ifeelitisconvenienttlratthesetwocompiainlsarecol|ngatlheS.ame
timetoal6yearenrpioyeewholrasn.thadanylhingofthisnattl3]'*y
fi]e.Rodneyandldon.thavearelationshipoutsideofworkandldon't
up to him'
understandwhy someonewouidn't bring this
I,veworkedfortheCityforl6ye a rs . No p rio rp o lic y v io la t io n s othe
f t hpolicy
is
year and bee' on
I have been promoted twice in the last
'ature. conunitlec a]ld emergencyresponsecomlnittee for the city' I have
revierv
our Dcpartment Bu.ilding
been on our Deparlment Eve't iommitLee and
Appeals corrulittee
Reiocation conmrittee.I sat on the Environmental
a p p ointedbyGeorgeCarrrp b e ll. I lra v e s e rv e d o n t h e Cit y ' s E o C.
Planning and Devclopment Atficnia Gree' - Administ.ati'e SupetwisorDcpartmcnt for almost 8 years'
shc has *,orkccl i' the f)c'clop're't Sc^'ices
Ms. Grecn recalledrvhat slreundeistoocito take Otu""
ciaim' In regard to
sunoundilg thc incidentsi1Ms. Larvson'Sage discrimination
that she could take paperwork to
Ms. Larvson's ilcident about Mr. Lalzi statilg
Ms- Bissett bccauseshe tlevcr did anl4hing' Ms'
Green stated:
being
have a
to Aimee'"
close relationship.Chris w!11trurnpRodney and Munal and go directly
Brittany Millcr - Administrative Assistant III - Planning and Developmcnt
Department since March 2015'
has rvorked in the Dcvclopmcnt Ser-v'ices
as ire works
Ms. Miiler statcd the following about Mr. Lanzi's general behavior
rvith others on the main floor of City Hall West:
yo,9would
chris has a deep ioud voice. At the front if he were speaking,
Chris' I-le
knorv
get
to
know it was him speaking.It takes a iittle while to
joked around a
didn't joke with me at first. When Marbella was there,they
at first
iot, but nothing inappropriate.I startedjoking with hirn a little and
he u'as standoffish,but thcn he realizcd'I was ok and was rlore
comfortablearoundmeMs. Miller briefly discussedthe way that Ms. Bissett and Lanzi
Aimee
with eacirother.Ms. Miller said,"l've noticed that Cluis and
commur-ricate
pretly
go to lr,rncira few times ar1dgo into each other'Soffices to talk- They Seeln
cIo sc."
stated:
rnakes
Chris itas alu,a),sbee' flirty- SornetirnesCiuis inappropriately
on horv irer
c()mnents tourardswonen- I've heard him commerrtto il
big today'"
shirt llt acrosshcr chest.I{e's said,"wow, your boobslook
has said things
C]uis is loud enoughto hear becausehe speaksloudly' Ife
been
has
he
Iikc this multiplc times orrerthe past six months since
promoteci.Latciy, it iras happeneda lot inside our pianningareaN4s.Frazier offered specific concernsregarding the relalionship
between
u,ho shewas textirtg u,ith and shetold mc Aimee and Chris and tire)' u'cre
to go to the bar. I askedrvhich bar and slie said
makingarlartgeruetrls
Dusty'i on EIgr St., i belieyeI askedher ra'hythat one, shesaid because
Aimee cljdn'tu,antanyoneto Seeher. I said oh. Sincethe twins wele at the
d rhat t|c1,shouldgo rvitil Athclia to nrectup witir
cour'ltcr,I suggcste
'fhel'
5216no. Atheniasaidthey don't go anymore'so I
Aimec and Cluis.
askedirer u,hy,not.She saidthat the lasttime they u'ent Chris got so drunl<
that he startedyelling and taiking cfazyto them. She said ire even said
sometiringabout liring Dustin. She said after tiral nobody goes rvith thern
all)/more-No onc gocs u'ith tliern that I'm au'areof'
lLr:gardingM1. Lanzi's beliavioraroundthe office, Ir4s-Cheu'-Joncs'said
"I'r,e heardChris say that Sandyis too old and tirat she shouldretire-I'm
thinking it u,asChris and Athenia in his office talking to each otirer beforc
t]re1,91...6 tire cloor.IJe saidsomethingabout "her old ass-"Alhenia
joke
actually made a slatementabout our agetcldaywirile tiying to make a
ziboutif- First, sirc saiclit to Sandy,thcn rne. She stretchedlier arms out
saying isn't this irou, olcl peoplc have to look at stuff. It \\/aSa picture on
hcr phone.
Cluis has said to tne "rvhat ale you doing Jrere.Yori don't do an1'thing
He's said it to Brittanli;and he gives her a-hardtime- He uses
3J11rqr2y."
curseu,ordssuch as the F u,ord, G-Darnn...I{e tells peoplehe's going to
fire them. Ile comesup to the frollt desk and says all kinds of crazy stuff'
"I
Ile'il just sa)/an),th'ng.B."uu.e I'm the boss and I'm in charge.IJe says
can do u,hat I u,aut to tlo becauseI'm in cltarge." I think people believe
hin.rand take hirn very seriously becauseof his relationship rx'ith Airnee'
We have a lot of nerv people- Cilis does what he wants and says wirat he
wants.
Findings
I flnd the
Based on the intcn,ieu's conducted and informatioir gathered, Ms- Byrd arid
follorving:
is loud,
A revieu,of the staternentsshorvsalrlost unanimottslythat Mt. Lauzi's conduct
in the
boislerous,rougl-r,at tirnesrude and at timcs disrespectfil botii to men and u'ornen
Tlo
',^
1 ,.^ ,-o -r
Yvrvlrrrr
r..
Departtr-ietl1.
majoritv of tle emplol'eesrvithirr
A Lc'ieu,ol lhe statementsslrou,sthat an overwhelming
tl-ratMr- Lanzi and the
tlre De'elopme't ServicesDepartmentthinj<and/or perceive
a closerelationship' Further' a
Director of DevelopmentSerrlices,Ms. Bissetthave
not more, of tire ernployeeswithin
review of the statementsipdicatesthat a liajority, if
perceivethat tJrerelationship is
thc Dc'elopmcnt Sen,icesDeparlmentthink u.riio.
1o indicate that
had sec'
i'rproper. I3venthough one siatc'rent i'dicated thatihey
'othing
had no reasonto
an inappropriate,""i1 relatio'ship was goi'g on, al individual
in this
by the individuals rvho raiscd tire conrplaints
disbelievet5e accusations
'rade
crn.(Pattcrson)
i nvcstigati
a Conlractor's Luncheon in
A revieu, of the statemenlsof fhe cmplol'ceswho attended
Bissetl and lrzlr'Lanzi shows that
July of this ycar and rverervitnessto the conduct of Ms'
themajorityoftlieenrplol,ecslruhosarvtlrisconducthaveperceivedtlrattherelatiorrship
the line and is improper'
betu,ecnMr. Lanziund Mr. Bisselt has crossedover
inappropriate,and unprofessional'
u'ithin tlie Development
A revierv of tlte statementsshorvsthat i'No of the employees
Ms' Jlissetl's and Mr' La-nzi's
Scn,icesDepartmentthink and/or perceit'e,basedupon
behavior, that thel' are having an affair' (Partin' Mauladad)
heard Mr' Lanzi use curse
A revieu,of the statementsshows that ]vis. Bissett has
at other employees' Moreot'er' a
language in front of empioyeesor has been directed
use of cursing rvas so loud it
revierv of the statementsshou's that Mr- Lanzi's regular
a1d possibly heard by the public
could be heard by other employeesin the department
Department' (Vasquez' Chew-Jones'
seekingthe sen,icesof the Development Services
Patlerson,Green, Elkins, Bissetl, PaAin)
close relationship betlveeir Ms'
A rcvierv of the statementsestablishcsthat the perceived,
ancla ihreat of retaliation
Bissett, iire Direcior, and i,is. Lanzi,cleates fbar, appreiiei-r.sion,
DevelopmTt S-efl1:esemplol'ee's
if soncone would bring N4r.I-anzi's behavior towards
who raised the assertionsagainst Mr'
to ilre Director's attentiou' It4o"ot'er, the individuals
becauseof their real' actual
Lanzistated that they were so reluctapt to come forq'ard
Mauladad' Loiselie'
coltccrilsof retaliationatrd Ioss of e'rploymelt. (Montgomery,
I-arvson)
and environntent within the
\\/ith these general fi'dings regarclingthe atmosp-here
])er,eIopnreirtServicesDe1lal1lrr"...,',ih"spccifrcfin,Jirrgslee1ra'5ffsexual are set
Coniplaint
discriminatiorrharasstrtent
itarasSmcntcomplaint.and]r4s.]-au,Sott's'age
out beiorv.
complaint Against i\{r' Lanzi
Spccific Irinclings- Scxual I{ar-assrnentI)iscrimination
rvorking cuvirorrrrretrtis nor a
Courls irave recognized"fa] clairn for a sexuall)'hostile
as tlle following:
Comnrissionclefinesharassnretrt
fitle VII of the Civii
i-larassrleirtis a forn of c'rpioyrnent discrinilatiol that I'iolates
Act of 1967' (ADEA)' and
Il.iglrtsAct of 1964,1heAge Discriminationin Ernploymer-it
the Americansrvith DisabiiitiesAct of 1990,(ADA)'
religion' sex (including
I{arassmetrtis unu,elcomcconductthat is basedon race,color,
origin, age (40 or older),disability or geneticinfonnation'
pregnancy),r.ratior.ral
conduct bccomes a
Ifarassmcnlbecomesunlarvful where 1) enduringthe offerrsive
pen'asive enough lo
copclitionof continuede'rploy'rent, or 2) the coirduct is severeor
intimidating, hostile,
createa rrlork cnviromaent tiiat u ,."urorrublepersorru,ould consider
or - a b u sivc.
in retaliati,g"
Anti-discrimination lau,s also prohibit harassmentagainstindividuals.
f:'
an lnvestlgatlon'
ln
way
filing a discrimination charge,testiff ing, or parlicipating in an1'
practiccs iha'riirey
proceeding,or iau,suit un<ierthese ial't or opposing employmcnt
of theselau's'
reasonablybelieve discrimipateagainstindividuals,in violation
will not rise
annoyirnces,anclisolatcd incidents (unlessextren-relyserious)
Pet11,5!1r1-,ts,
a u'ork environ'rnentthat
to tire le'el of iilegalily. 'io u" unlawful, the conduct mg{ create
people'
rvould be intimidating, hostiie, or offensive to a reasonable
:
jokes'
slurs' epithets or
Oflensive conduct rnay ilclude, bgt is not limited to, offensive
or mockerl', insults or
name calling, physicai assaultsor threats,intimidation, ridic'le
utorl<performance'
pul-dorvns,ofi".rsit,e objects or pictures, and interferencervith
but not limited to, the
Ilzuassme't can occur in a variety of circumstances,including,
following:
in another area' an agent
I. The haraSsercan be the victim's supervisor,a supervisor
of tire ernpiol'er, a co-rvorker, or a non-empioyee'
anyone affected by
does not have to be the personharassed,but can be
2- The
'ictirn
the oflbnsive conduct.
ilL ciischargeof' the victim'
U'lau,ful harassmentrna1,occur u,ttirout economic injury to,
Ilmplol' cl' I-iabilitl' for l{arassmcnt
'fhe employer is automaticalll'liul"" for harassrnentby a supervisorthat-resultsin a
or hii-e' al-rdloss of
negativeempioyrnentaction such as ternination, failure to promote
the cmplol'er
ltatassmentrcsults i1 a hostile work environntent'
wagcs.If the sr,rpervisor'S
prornptly
and
to prevent
can avoid liabiiity onl1,i;it can provc that: 1) it reasonablytried
failed to take
corrcct fhc harassingbehavior; a1d 2) the erlployec unreasollably
by the emplo1'er'
advantageof any prevcllive o1 conectiye opportunitiespiovided
eprployeesor llollTire eprplo),errvili be liable for harasstnentby lloll-sllpen/isory
tlic
O\/er\ /hol1rjt has coirtrol(e.g.,indepeudentcontactots or custotncrso:r
entlllO)/eeS
take
to
failed
and
p.e,:riies),if if klew, or shouldhaveknoum aboutthe harassment
promptand apltroltriatecotrectiveaction
Elcmcnlsof a Scxual Ilarassmeni- I{ostilc \\/orl<Environmcnt Clain
of sexualharassmentbasedon a hostile wolt environment
To establisirtire elen-reuts
claim, a plaintiff must show:
1 . the plaintiffbelongs to a prot e c t e dc la s s ;
2. the plaintiff was subjected to unwelcome harassment;
3. the harassment was based on sex;
and
4- the harassment af{ected a term, condition, or privilege of employment;
and faited to
5. the employer knew or should have known of the harassment
take adequate remedial actionclaim'I
Ilcgarding the first element of a sexual harassmenlhostile woik environment
Iiswithir r a protectecc1aS s.Under t lre Cir, iiRig h t s A c t o f 1 9 6 4 , [ is a
the Act under sex
female. Therefore, ;}1" is within tire protected classesdesignated within
zindgender.
environment claim'
Regarding thc secondelement cf a sexuai harassmenthostile u'ork
is not
clelrv statesthat ]i4r. Lanzi's cornmentswere unwelcome' A 'ictim
it unr'r'elcome'
requrredto verOattyobject to an ildividuals' harassingbehavior to iriake
TJnr'errl'r q rer.,i.rr-r
of!!r!Il
statementshows that she did tell lr{r- Larrz-ito stop
that I\{r- Lanzi did
making comnents about her body. A review of the record established
not stop making comntentsabouther bodyl_
claim, a
Ilcgarding thc third elernentof a sexual harassmenthostiie rvork environment
and
reguiar
revien, of the statenrentsr,r,ithinlhis investigation shows that N4r.Lanzi's
rcpcated cotntueltts\\/cre scxual iu naturetire
maKrng tlle
der-rymaking
A re'ierv of tite pcrtinent stalementsshows that Mr. I-anzi did not deny
statetnentsoff.ered*i.t'in5conrplaint.Arer,iervoft1restaternentsestabiis1res
t]r a t]r 4 r L altz::.eneateciIydircct11 , re f e rrc c 1 t o _ , b o d y ila r1 s b ^ a ; e d o t rs e x . T I re
the statemen'ts
staternentssltorvihat he iallced ato,.tt ]-ier"boobs and butl." A icvieu' of
and "butt"
"boobs"
her
about
assertionsthat \4r. Lanzitalkecl
sirou,sthat{ID
by tu,o u,itncssesrvithin the DeyeiOpmentServicesDepartment'
were cot-r-oboratcd
-(lr4oni['orirct-1'
- botloil; Fraz]er - bobb'S)
a colllll'Iellt aboul
A re'ieu, of the ltertinent statemcnt eslablishes that N4r- l-anzi made
of tire
bult on -Iuiy 1,2016. (\\ielborn) I-ilccwise, a ret'ieu'
i."r.iug ut-ii5
regarding"t-uakingout"
jrertinent StatcuentShou,slhat Mr. Lattzii'ade 1hecommeiit
on Jr:iy 1,2016-(I3issett)
.n'ithF
AreviervofthestatetrrentsfurthershorvsilratMr.Lanzir-tradeconrtnentStoG tire
and "her butt'"'A revielv Of
o1 a regularbasisregardilg "makiug Out,""her bOObS,"
atler'pted to
thatilfF
slalc'ents i'dicates that he maclethesecommentsso often
Frazier)
iglore lhem crrenthougb it rvasa regular occurrence.(lr4ontgomerl',
u'ork enviLonmentcase' a
Ilegarding tire fburlh elementin a sexualharassmenthostiie
a terttl, condition, or
re Vicu,of llic statementmust shou,that ilre harassilent aflected
at this point iras
The issuehcrc is ri'l-relherMr. I-anzi's conduct
prirrilegc of c,n-iplo1,:r]ent.
establisheda hostile u'ork envirorunent'
When dcfermining lvhether a hostile rvork environment exists,
totality of the circunstanccs,including:
an efrployee's work
4. rvhetherthe couduct unreasonablyinterferes with
.
performzrnce
rvas frequent' Further' the
A revierv of the statementsshows that lrdr. Lanz-i'sconduct
standard,could arguably
scverity of the conclpct,basedupon a reasonabieperson
"rvanting to make out" \\rere severe
establish that his staternentsabout her body parts and
allow for the EIIoC or a
A re'ierv of the statementsin thllnvestigalion may
in
io creale a hostile work
'ature.
possibiejury to tirink tirat the statcmeutsare severe enough
cnvironment.
was llever plrysically threatenir-rg'
A revierv o1-thestatementsindicatesthat the conduct
or a jury llray thiirk that N4r'
I{owcver, under a reasonablepersonstatldard,the EEOC
an enrployee' In the sarne
:-anzl'srepeatcdstatementscould be [umiliating towards
jury or the EiIOC may find that the
instancc,under a reasonablepersonstapdard,a
the totality of tire circutnstances
slaterrcnts \\/ere a n-iereoffensive utlerance iooking at
ohjeciivcly and subjectivel:r
1legardingu,hct]rertheconductutucasorrablyinterfereswit}rt5rvork
question,ali of the generalfindings
perfoprancc is a questionof fact. \Vit[i1t1-ratfact-iel
-6e
-kaart
rhe gi rxr n c-of 11ir5docLrnr-eri1 zrrefiiaa e ev aiit''
erlplo)'ees u'ilirin thc
As statedabo'e, a revierv of thc slatementssl1orvstl-rat
a'c1Ms' Bissctt are in a \/er)/
J)e'eloprneut Ser'ices Dcpattt'.,tt f.,-t"it'e lhat \4r' La'zi
S W.3da t 634.
,,Directeviclenceis evidencethat, if believed,provesthe fact of discriminatorv aniirlus
Richard Etlis' Inc''309 F'3d 893' 897
rvitlroutinferenceor presumptiou."Sanctstaii- CB
"forbiddenanintus"through direct
(51hCir.2002).I{oive'er, it i, ofl",t clifficultto prorre
(recognizingthat: " motives are oflen
evidence.Seetr4issiottConsol.,372S-\\/-3dat 634
ft'bidden animus hard to cotne by" )
more coverl tiran overt, making direct e'idei-iceof
1478'
v- Ailcens,460u's' 711'J16' 103 s'ct'
and u,s. PosralServicABoard of Got,ernors
who can testify as
(19S3)(noting tliat therervill seldombe.aneyervitnc-ss
751-.L.(1.2d403
recognizing the difficultly in using
to ilre employer'snrental processesald thcrefore
at a parlicr:iartimc")directevidenceto prove tte "statcof a man'srnind
plaintiffs,,the courl creatcd a secondmelhod
In order to easethe burden on discrimir-ralion
S'Ct' 1817"36
Dougto' Cn'p' u' G'un'1'41LU'S' 792'93
of proof. SeeJt'IcDorutell
no
dat634'Accordingly',whcnthere is
L.8d.2d668 (1973);A[issioncottsol.,372S-\\/.3
thlcugh a
irrdirectl5"'
be sho';u't'l
ciirecte'icience of <iiscri'ri'atory i'ieiri, ciiscriminationcaii
Douglas Corp''41 1 U'S' at 801-03' 93
burdcn-slrifringmethod of prooi. Suniirponnell
634'
S.Ct.at 1820; MissiottCoisol',372 S'W'3d at
claim is basedon direct evidencecoming
]r{s.Larvson'sage discrirninationharassment
workplace'
lrom Mr. Lanzi's statementstou'ard her in the
are:
evidence of age discrimination if they
Remarks and stateme'ts may Serveas direct
1- relatedto the employee'sprotectedclass'
2. close in time to the employment decision'
, and
3.m ad ebyanindividualwithaut h o rit y o v e rt h e e mp io y me n t o e c ls ro n
4- related to the employment decision at issue'
ancia patterr,roi staternentsiha"rMr'
lr4s.I-au,son'sclaim is focuseclon recent incidents
ihe past six months c'r more'
Lantztispurporled tO irave said rcgularly over
claim' ]r4s' Lawson is in the
Regar<lingthe first elementsof an age discrifirinalion
years of age
claim' A pcrson rnust be fortl'
protected class fbr a valid age discrirnination
or older. N4s.L.arvsonis 68 yearsold'
did rnake stateurentsregardingMs.
A review of the statenents shorvsthat lr'fr. Lanzi
a
to retire and she u'as too oid to have
I_au,son'sage, rcgarclingrvhensheu,asgoing
Facebookaccouttt,*'.r" corroboratecl'(Patlerson)
of tirnes ovcr the
that ire did refer to her retiri'g a couple
N4r.La.zi,s statementr.cflectecl
joke
that it was pretty much a runnilg
past ),ear and Ms. Gteeu's statementestablished
icgarding bcing too old for Facebook'
that N4r-I-anzi has said the
A revicrv of \4s. Greett'Sstatementfurlher coroborates
mally tilnes'
Iraccbookstatementdirectly in front of lr4s.Lau'son
versiorlol lhe
A reviervof tirc statementsshowsthat Ms. Greenoffereda different
over to Mspapenvork
tire
incidentrvhcreMr. Lanzi callleup and fold Ms. Lawsonto take
statetnent'Mt'
lljssettbecausec\/eryoneknows ihe cloesn'tdo anylfilng'In Ms' Green'S
Lanziclidnot directihrt typ" of statemerllto Ms- Lawson on that occasioir'
Sen'ices
A revierv of the statemeulsslrowstirat tile employcesrvithin the Development
joked often and some of the
Departmentbeiicved that \4r. I-anzi\\,asa p"iro,t who
Moreove r' acmployeesmay not have klorm that he rvasjokilg basedupon his behavior'
Services
re'ieu, of thc statementsshowsthat most ernployeesrvithin the Development
a
made statement
I)epafluent u,ouid nol harrebeen sutprisedthat Mr' I-allzi u'ouid have
aboutsomethinglike Ms. Larvson'sageMs- f-awson being
A rc'ieu, of thc statemenlssl-iorvsthat corroborationexists rcgarding
confirmed that she heard
rcpeatedlytoid that she is too old for Facebookand Ms. Bissett
weight and she sirould
Ir4r.Lanzi jokingly statethat \4s. Larvsonwas not carying her
rctirc.
clairn based on
Regardingthe three other elementsof an age discrimination harassment
been made against Ms'
remarks and statements,no adverseemplolmcnt decisionshave
Lau,sonat 1hctime of this investigation/ereto occur close in time to these
If some ad'erse action or employment decision \
culture opposed to those
statementsbeing made, a revier,r,ofthe statementsshorvsthat a
upon the findings
u,ho are older withinllie force could possibly be developedbased
cffered directly aboveis Ms' Green or Ms'
one of ilre critical issuesthat could happenwithin this situation
would want to take a
Bissetl, individuais rvithin Ms. l,au,sonis clirectchain of comrnand,
lr4r' I-anzi has made
negativecrnployment action agailst lr{s. Lawson l'norving that
statementsand remarks about N'Is.I-awson's age'
harassmenlclaim
In regard to thc third a:rd fourth eiementsof an age cliscrimination
over the cmployment
bascd on statementsand remarks, if a1 ildividual rvith authority
could be made
ciecisionlnade a negativeor adversecrnplol'merltdecision'an-argument
Accordingly' Mr'
that Ir4r.Lanzi"liaJle'crage" u'ith eitherMs- Grccn or \4s' Bissetl'
o1'cotnmandcouid possibly
I-anzi's relatiolship with .ither parly i1 Jr4s.Lau'sott'sohain
an adverseemployment
havc influenceand iris slaternentsabout age could be tied iirto
dccision:gairtstI'is. I.arvson.
The I]]]o Co rajurl,u,ouldlooktoseeif Mr. L a n z i, s re la t io n s h ip u ' it lrMs . G re e n a rrd / or
possiblefuture
Ms. Rissetlrvould allorv |im to exert influellce over either party's
negativcdecisionagainstIr'1s-Lawson.
lrr de1err.nir.rinor,r.,lrctherthe indivjdual
;;.,1;;;;,i^i?il=i"".
11-Ia
u'ho
co,sideratio'is not li'rited to slateucntsbv the perso.
Jnc'' 493
rnadethe decisiott. SeeArismendeztt.NighlingalelJonteJ{ealthCare'
official11,
235 F '3d 219'
Ir.3d602-,608 (5tlt Ci1.2007)and Russelir'. McKirir-reyl{osp' Vetrtute'
226-27(5rh Cir.2000).
the evidcnce
I},en jf the llcrsonu,ho rnadethe commentsis nol the decisiotltraker, if
tllen
shorvstlial personltosscsscdlerrerageOrcxededinfluenceorrerthe decisiOn-maker,
at
226-21
F'3d
'
ell'235
the discriminatoryanimusma1'be'imputedto an enrployer''Rzrss
wor:king
As statedtluoughout the findings, N4r.Lanzi and ]rds.Bissett have a close
over Msrelationship-)3ascdo1that relationship,\4r. Lanzimal' be abie to exert levetage
BisSettto act in an adversemanller tOutardSMS. I-au'sOn'Semplol'tr'lent'
beeu friends
A rcvieu,of thc statementsindicatesthat lr4s.Grecn and Mr. Lanzihave
(Lawson, Stapleton'
oulside of r.vorkand u,ithin the u,orkplaceover the past eight years'
Patterson,Greerr)Accordingl),,ift]rcI]EOCorajuryfourrdtl-ia1\4r.Lanzipossossed
Oiscriminatory
lever-ageu,irerehe could exert influence over Ms. Greel or Ms- ilissett'
animusbasedon age could possiblybe imputedupou the City of Denton'
decision
RegardingMs. Lawson's ciairrt, although no adverseor negative employ-ment
or
rnightpossiblst
has been rnade,lhis investigationindicatesthat Ms. I-atvson's claim
claim based on
eventttallJtsatisly all of the elementsof an age discrirninalion harassment
slatementsor remarks. (emphasisadded)
Investigator
Date
I""*ttg*t"t
Date
Date
CITY OF DtrI{TO]Y
P O LI CY/AD I\{I NISTRATI\/E
PACI]
OF 6
DII{I'CTIUI
IJUN4ANRESOURCI]S
SUBJEC'f:
TIT1-I]:
I]AI{ASSN4EN'|PREVEN'I'ION/WORKPLACEABUSE
REI:ERENCENU]T4BER:
10 8 . 10
DAl-iT :
INIT]AI- EITFECTIVE
17101187
I-ASTREV]SlONDATI]:
07lrzlt1
POL]CY STATI]MEI'J'f:
treatment
City's bchalf arc.cntitledto rcspectful
T[e City oi Dcnton's cmployecs and others acting on the
iha::coirtpliaiics"'v:t!:1he1a''"''lt
-,iorkplace_isabou'rl::cre
irririe CityofDei-rion,sivo,Kpiace.A:-espectf.ii
behavior of all kinds' including all forms of
is a working environment that is free of inappropilut"
harassmcnt.
age'
any-form of sexual, racial' ethnic' disability'
It is the policl, of rhc city of Denton to prohibit
of its
origin, genetic, or reiigious harassment
sex/gender, sexual orientation, pregnancy, national
that
any
recognizes
Denton
parties'- Thc City of
employees, voluntccrs, applicairts,and othlr applicablc
policy
that
any
liws- The city maintains a strict
form of harassmentmay be a violation of federai ancl state
is not acceptable and will not be
in the u,ork place or afler hours outside the workplace,
'arassment
erated.
tol
Itisal solhepolic;voftlreCiti,ofDentontoprolribitanyfonngf$'lgd(.placeabttse'iircludingbutnot
undignified' or bullying'
limited to, persistenttreatmenttirat is humiliating, embarrassing,
to refrain
representativesof 1he'City' are expected
All employees, including managers,supervisors,and
any other
behavior, or displaying conduct toward
fi-om being disrespectful, exhibiting any un*"I"o-"
rvorkplace abuse'
individual u,hich could bc interpretedas harassmcntor
DI]FINITIONS:
l.Discrinrinirtorl,|1-'.",slrrcntisunu,elconrcconducttowardanindir,ic]ualbecauseofhisorlrer
etirnicity' race or color' rcligion'
genctics, age, disability, marital status, national origin,
hostiic' or offensive
\\,hen the conduct creates an intimidating,
sex/gcndcr, or scxual or-icutatior-r,
rvork ettvirontlrentthat:
.
t .\egalivcl)'affcctsjob oppoflunitics-
I iM )O L I C \ ' , / 1 0 3 1 0
PACII_2 OF_5
Continued
t, o Ll CY/ADN{INISTRATI\4I PRO CIID URlt/AD MINIS TRATIVE D IRECTTp
NU}T4BER:
REFERENCE
ABUSE
]IA]1ASSMENTPRE\/ENT]ON/WORKPLACE
TII'LD.
r 08 10
or targeted at
stcrcotlping, or tltreats. T[is incluc]escotrllllcnts or jokes tl-ratare distasteful
r-acc or
origir-r,
national
status'
marital
individualsor groupsbasedon genetics,age,cJisabiiity,
color, rcligion, sex/gender,or sexual orientation.
Urru'elconrescx-oricutedvcrbal "lcidding,"
Unvvelconreteasingor -jokes;
PACI]..3
gsryryI rin-n,
ABusll
I-lAi{AssN4llNl'PRE'vIINTION/woRKPI-AcE
+qry
nt'rcnn
OIT_!
Continucd
NUMBER:
RJ]FERENCE
I 0 8 . 10
colrrnrunicatiolr;
texts,enrails,or ollrerelectronic
including
3. Unrvcicotliesex-orier,ted
t"itten or grapliicmaterial'
display,or-dir"u"ion of unf
tou'ard
4. 'flie distribution,
l'rostility
or shot's
,""ruit1'
ona
calcndars,
"gg"ttiu"'
irosrers, "u,aiol;;;;;
sex;
'-u,r-^. ^Ilc^anp
an individualor group becauscol
.5.suggcstir,eorinsr'rltingsor.rnds;lecring;staririg;rvlristiing;obscenegestr.lres;
'f ili::l':::[:i::;i::'rXiilypin"r,ing
3-
bodv;
auotrrer's
agai'st
brusrring
orconsrant
or
Dci:'iancisior scxuai favcrs'
threatening' humiliating' or
nonverbai) which arc
(including
conducl/bchaviors
. Offensive
intimidating;or
. Work interference -
S/orkplaccabusewoul<inot include:
..fhenornralexerciseofsuperviSoryrespOrrsibilitics,includirrgpericnnanceret,ier
vs'
they are condr:cted
wltere n""""o'1" p'ouid"t1
cliscipllnuf'u"tion
a'c1
counsclillg
procedures'
clirection,
and
in u""o'dance r"'ith citypoiicies
in a rcspcctful, profcssional tnann",-,
pro'ided the
nlututtliy acceptable'
r'vhich
bantering"
anci
the rvork
. Social interaclions, iokes
-1::
i"tpu"t for others in
negati'e
i'
tSere
and
i'tcractio's arc rcspectfui
'-'o
environt.nent.
and/or conflict situations'
. Disagree'crrs,
ar-rcl'respcctful'
'rlsr-rndersrandings,.nrir,"otttll-:1t:::l:"'
involvcd remainsprofcssional
the bchavior of the iridividr-rals
I lt / )ol-lc \ ' / 1 0 8 . i 0
pro*ic1ed
P A C U _ 4 0l: 6
DIRIICTI\/E, Continucd
PR]]VENI'ION/WORKPI-AC]]ABU SE
RI]FEIT.ENCI]N U]T4BER:
I 0 8 . 10
ll tvt)oLlc)'/ t 0s.l 0
r)AGl:j_oF_!
Continucd
NUMBI:Ii:
REFEI{ENCE
108.10
by anotherindividual or if it has an
factor. If an individuai'sbchavior is considcredto be offensivc
be prcsent'
intimidating cffcct upon anothcr individual, harassmentmay
rvhcn tltc fin<iings r'r'arrantsuch action. Sucli
VII. Appropriate clisciplinary action urill be taken
the wrongflrl act or acis and r-nayresult in
ciisciplinaq,action should be deterrnincdby the nature of
immediatcdismissal-
those city
underthis policy shail be made only to
conductecl
vlll- Disclosureof any investigation
eiiii:loyccs ai-rdotl-reiS'witll a right tc kno'"v'
Il.
RE,LAI]ON SI]IPS :
I J TV P O U C \ ' / I 0 Sl 0
PAGE_ 6 0Ir_6
I 0 8 . 10
1lanagcmcirtrvill decide rvho is to apply Ibr another position or, if necessaty,bc disrnissed fi-om
enrploy,lrcnt.Iractorsto be consideredb1,rranagcnrentinclude, but are not iir-nitedto, Ienglh of
service,rvork perfonrancc, and/or criticality of the position to the operation-
liltt'ol-lc\7108
I0