'Blatant discrimination,' sexual harassment cited as City of Salem workplace problems

Sexual harassment and "blatant discrimination" are just two workplace problems City of Salem employees say they've encountered.

Some complainants alerted the city's human resources staff who, in turn, did little to stop coworkers' problem behaviors, according to complaints outlined in public records.

In one instance, human resources staff attributed harassment against fleet maintenance technician Jose Botello to a "personality conflict" between him and his supervisor, according to a complaint lodged against the city with the Oregon Bureau of Labor and Industries.

In another, human resources staff blamed complainant Casey Levy — who reported sexual harassment — for a fellow employee getting a call regarding the harassment, saying if it happened again, Levy "could be punished," a labor bureau complaint states.

Mina Hanssen, Salem's human resources director, said the city investigated both Levy's and Botello's concerns and "took appropriate action."

"One of the dilemmas we have as an organization is that ... we are highly unionized, and when we get a complaint and an action, we are not at liberty to share with the complainant sometimes the nature of the corrective action we've taken with the other party, because that's in our collective bargaining agreements," Hanssen said.

Labor bureau spokesman Saul Hubbard confirmed the bureau is investigating the two open cases.

Allegations of harassment and top legislative officials' failure to protect workers have plagued the Oregon Capitol. But a review by the Statesman Journal shows statehouse officials aren't the only ones in Salem grappling with such problems.

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Five City of Salem examples outlined in this story are based on interviews with current and former employees, lawsuits and labor bureau complaints.

Survey: Most city workers satisfied

To be sure, many of the city's estimated 1,100 employees say they are "satisfied" with their jobs, according to a 2018 report from Seattle-based HR & Equity Consulting Firm obtained by the Statesman Journal.

Employees who responded to the survey "are proud of the work they do, and proud to be a part of the city," report authors wrote.

City Manager Steve Powers said Salem wants "to continue to be an employer of choice."

"With the labor market, the workforce here in Oregon, I mean, we're competing," Powers said. The results offer encouragement, but city officials must continue working and not take them for granted, he said.

Problems remain, according to responses from 466 workers who participated in the firm's survey:

• About a third of respondents (35 percent) pointed to "a lack of competitive compensation, high stress, scheduling challenges and lack of people skills at the management level" as reasons behind staff turnover.
• More than half (58 percent) said they have thought about leaving their jobs with the city because they don't want to work on weekends, a lack of experience and skills within their peer group and high stress that comes with their position.
• About a quarter (26 percent) reported experiencing bias on the job. "Based on comments received, perceptions about working at the city range from low levels of trust, blatant discrimination and lacking transparency," the report said.
• More than a third of workers remained "unsure" whether city workers represented the community they serve when it came to diversity and demographics. Others were "split between yes and no" answers, the report said.

"It's unfortunate that some individuals in our workplace, even in today's environment, still feel that they're being discriminated against," Hanssen said. "We're working really hard with our union partners to drag that out of our workplace."

Hanssen said it's an issue that may never have a permanent fix.

"But we are diligent in addressing all of those issues when we're made aware of them and attempting to ensure that staff have the resources and the knowledge to move that out of our workplace," she said.

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Employee cites 'pet names,' hugs

Levy, a permit services technician, said in a labor bureau complaint that two fellow employees sexually harassed her, including subjecting her to unwanted hugs and "pet names."

Senior Building Inspector Claude Kennedy gave her "unwelcome hugs" and called her "Sweetie" and "Honey," according to the complaint.

"After I came back from maternity leave, he said that he did not know how I got my girlish figure back," Levy wrote in the complaint.

Another worker, Plans Examiner Jerry Wade, attempted on Oct. 24, 2018, to touch her buttocks using a piece of paper he was holding, according to the complaint. "I was not aware he was behind me," she wrote.

Wade did not respond to requests for comment. Levy and Kennedy declined to comment.

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Plans Examiner Deirdrie Wade, no relation to Jerry Wade, stated in a separate labor complaint that she witnessed Jerry Wade stand behind a female coworker on that same October day as she bent over to take her coat, "and using a piece of paper (he) made the gesture to lift her skirt and spank her bottom."

She also wrote that male coworkers used "pet names" for female employees and asked them for hugs.

"On various other occasions, male coworkers have made inappropriate comments to female coworkers and there has been no corrective actions taken," Deirdrie Wade wrote. "The treatment by male coworkers is ongoing."

Levy wrote she reported the harassment to human resources: "Soon after my report, (human resources staff) blamed me for a call Mr. Wade received about the sexual harassment. She said that if it happens again, I could be punished."

Deirdrie Wade wrote that she reported what happened to human resources days later. She was told "that the issue was resolved after an investigation into the matter."

She said she wishes the city would conduct a mandatory city governwide sexual harassment training through a third party.

Levy also wrote she was not the only worker whom the two employees sexually harassed.

In November 2018, the two employees reportedly had to watch a presentation on sexual harassment. Levy wrote that the city didn't take "stronger disciplinary action" despite this not being the first time they had harassed women.

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Maintenance worker called a 'bitch'

Botello, a fleet maintenance technician who is Hispanic, said in a labor bureau complaint he was a target of harassment based on his race.

Botello, a city employee since 2005, said the harassment included being called a "bitch" by Michael Gandolfi, a services coordinator who did not respond to a request for comment on this story.

The incident happened while Botello was on a lunch break. He said he would help a coworker with fire trucks and other items. The supervisor said he could be that worker's "bitch" after lunch, according to Botello's account of the encounter.

"My work is scrutinized more closely than that of my coworkers. I am singled out for the same conduct that coworkers are not," Botello said in the complaint.

He wrote in the complaint that another manager told him in September "he wanted 'this bullshit behind us' which I took to mean that I could get in trouble if I complained about harassment again."

Botello said he is moving to another department in March.

Truly local: Want more authoritative news about Salem's city government? Consider a digital subscription to the Statesman Journal.

Outcast after maternity leave

Mireya Alba, a former legal department staff assistant, resigned in November over what she said was unfair treatment by her supervisor after she returned from maternity leave.

The alleged mistreatment included a series of incidents that came to a head when Alba's supervisor, City Recorder Ruth Ann Stellmacher, told Alba to notify four staff members every time she used the restroom.

Stellmacher declined to comment for this story. 

The ostensible reason behind the order was to ensure someone was keeping an eye on the phone when Alba was away from her desk, according to a Nov. 21 email from Stellmacher to Alba. Alba also was supposed to get a wireless headset for use around the office.

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"I'm not asking that you use (the headset) when you use the restroom, but I do want you to use it when you are doing things around the office that take you away from your desk," Stellmacher wrote. "That will alleviate you having to notify folks every time you step away."

Stellmacher continued: "For restroom breaks, if you are not already doing so, please let all four legal assistants know each time you step away for that purpose."

Emailing Stellmacher later that day, Alba called the restroom requirement "absurd," saying "on a good day," the phone would ring eight to 10 times.

"I know not everyone likes answering the phone and if there was a little more motivation on helping as a team I wouldn't need to inform folks of my bowel movements," Alba wrote.

"It was just too much for me," she said in an interview. 

Alba said she also learned through "office gossip" that Stellmacher had expressed "her frustration and lack of patience with my transition back from maternity leave." Alba said she found it frustrating Stellmacher talked about her situation with another worker.

In her resignation letter, Alba said she was outcast. "Women should not be chastised for deciding to become mothers."

"After hearing the results of the City Wide Survey it became clear that ill treatment of employees isn't just a one department issue," Alba wrote. "I am thankful for the reminder that I am a resilient Latina."

Lawsuits claim workplace problems

Salem is facing two separate lawsuits from former employees complaining of workplace problems.

In one, former maintenance employee David Vosgien called his department "a misogynistic workplace," alleging he was retaliated against after telling Salem Mayor Chuck Bennett last May about sexual harassment there.

Bennett said he could not clearly recall the encounter but would have passed Vosgien's complaint on to city staff. Vosgien's lawyer could not be reached for comment, and the lawsuit does not detail the alleged harassment.

In another lawsuit, former city planner Carson Quam claimed Salem refused to provide him with an ergonomic desk he needed to do his job because of his physical disability, as the Statesman Journal previously reported. Quam was fired after the conclusion of a probationary period. His supervisor pointed to "poor performance."

The complaint stated Quam's supposed performance inadequacies would have been resolved if the city had provided him with appropriate accommodations.

Contact reporter Jonathan Bach at jbach@statesmanjournal.com or 503-399-6714, or follow him on Twitter at @jonathanmbach.