Blog note: this article references the civil grand jury.
MARTINEZ — Contra Costa County Assessor Gus Kramer is facing a possible censure by the Board of Supervisors and an investigation by a civil grand jury stemming from allegations that he sexually harassed two female employees in his department.
The supervisors on Tuesday are scheduled to consider censuring Kramer and calling in the grand jury following an independent investigator’s finding that Kramer likely sexually harassed the two women — not the first time he has been hit with harassment complaints.
“The board felt it is important to hold all department heads to the highest standards and protect employees from being victims of sexual harassment,” Supervisor John Gioia said of the decision to put a resolution calling for the censure on the agenda. Although the supervisors cannot directly discipline Kramer because he also is an elected official, they can shame him through a censure resolution by forcing him to listen to their criticism.
“This is not a happy thing this board is having to consider, but we felt compelled given the nature of the matter,” Supervisor Karen Mitchoff added in a phone interview Friday. “Since he’s an elected official, this is the only avenue open to the board to take.”
Kramer did not immediately respond to a request for comment. But he had an attorney’s letter sent to the county administrator asking that the supervisors hold off from taking any action until after the meeting so he can obtain legal representation.
An agenda item listing the proposed censure states that Kramer engaged in “behavior that is inconsistent with the County’s policy of providing a workplace free from sexual harassment.”
The board’s decision comes after this news organization published a report last week about the recent probe into complaints against Kramer.
On June 18, County Administrator David Twa sent a letter to associate appraiser Margaret Eychner — one of the two accusers — stating that the county-commissioned investigator determined it was “more likely than not” the assessor “made comments that were not appropriate in a workplace environment and that made you feel uncomfortable” on several occasions in 2014 and 2015, according to county records. He wrote a similar letter to another female employee who had filed complaints about inappropriate comments she had said Kramer made in 2008, 2013 and 2015.
Gioia said the findings of that investigation were presented to the board in a closed session Tuesday.
If the grand jury steps in, it would have to make a specific finding that there is “willful or corrupt misconduct” to issue a formal accusation against Kramer, Supervisor Candace Andersen said in a phone interview Friday. An accusation could lead the county district attorney’s office or the state attorney general’s office to prosecute Kramer for misconduct, with the specific charges depending on the findings.
“Given the information we have received, I believe censure and referring the charges to the Grand Jury is the appropriate course of action for the Board,” Supervisor Diane Burgis said in a statement emailed to this news organization by her staff. “No one should feel unsafe or uncomfortable in the workplace.”
According to county records obtained by the Bay Area News Group through a public records request, the assessor texted Eychner, his subordinate, that he wanted to “have you all to myself.” He also shared stories of encounters with other women and told her of giving a sex toy as a gift to another (noncounty employee) woman.
The proposed resolution says there also was sufficient evidence to indicate Kramer made comments and told stories to the other woman on separate occasions in 2008 and 2013 that she found inappropriate and offensive, and that in 2015 he made a remark she believed “was intended to be sexually suggestive and considered inappropriate, offensive and unwelcome.”
Eychner previously told this news organization she filed a formal complaint in January 2018 after receiving an email sent to all county employees from Supervisor Federal Glover — then the board chairman — and Twa, encouraging them, in light of the #MeToo movement, to report misconduct. She also had learned Kramer was planning to run for re-election.
Records from the county show that Eychner and the second employee originally brought the complaints in 2015. Assistant Assessor Sara Holman advised Eychner that she had handled the complaint informally.
The investigator did not find evidence of either harassment or complaints after 2015, and according to the supervisors’ resolution, the evidence “did not show that Kramer retaliated against either employee or take action to negatively impact their careers,” as the women had alleged.
It’s not the first time Kramer has been accused of inappropriate behavior at work. In 2009, the county paid out $1 million to settle a complaint by an employee in the assessor’s office, Bernice Peoples, who accused Kramer of sexual harassment, racial discrimination and retaliation. A jury had rejected 11 of her 12 claims but found that Kramer retaliated against her after she filed a sexual harassment claim in 2000. She alleged then that Kramer offered her a motel room key.
Kramer has served as assessor since 1994 and recently was elected to another four-year term.
“It’s frustrating to me that this is happening again with the same elected official,” said Andersen, who was not on the board in 2009 during the earlier investigation. “In our county, under no circumstances should sexual harassment be tolerated.”
August 10, 2018
The Mercury News
By Annie Sciacca
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