RAMOS VINDICATED IN SEXUAL HARASSMENT REPORT

Counsel to District Attorney Michael A. Ramos
Responds to Findings of Sexual Harassment Report
Mike Ramos has denied allegations of so-called harassment or inappropriate conduct with a claimant. The release of today’s summary of the $140,000 Curiale, Hirschfield & Kramer investigation report essentially confirms what Mike Ramos has said all along. Harassment or inappropriate conduct with a claimant did not happen. We denounce allegations of sexual harassment against Mike Ramos as politically trumped-up charges with no basis in fact or law. Individuals that have been charged with serious crimes and their political enablers should be ashamed of themselves for helping orchestrate the complaint and putting the District Attorney, his family, and the taxpayers through this expensive process. As the report states, the claimant, Ms. Ristow, who has also filed a $1.5 million dollar claim against the county, was being investigated and undergoing disciplinary actions for work performance related issues, well before she asserted the now de-bunked charges against Mr. Ramos. It goes to show the cost that is sometimes paid when someone like Mr. Ramos dedicates himself to root out public corruption in the county.
The following is a intra office memo from Andrew Lamberto, Director of Human Resources
As you are aware, the County initiated an investigation of allegations of harassment and retaliation made by a n employee of the District Attorney's Office. The allegations were investigated by neutral third party investigators from the laws firm Curiale Hiirschfield Kraemer. The County received the investigative report on January 13, 2010. The report is approximately 66 pages long, and has in addition exhibits of approximately 120 pages. The report was initially reviewed by me and Andrew Hartzell, Principal Assistant County Counsel.
Upon completion of our initial review, at the request of the Chairman of the Board of Supervisors we met to discuss the process of releasing the results of the investigation, as well as related legal issues. The following timeline was presented. ~ Receipt of report, January 13, 2010. ~ Meeting with Chairman to review process, January 14, 2010. ~ Release of investigation findings to complainant, January 15, 2010. ~ Release of Investigation findings to the Board of Supervisors, January 15, 2010. ~ Release of investigation findings to the public, January 15, 2010.
Since the complaint alleges misconduct by a public official, District Attorney Mike Ramos, the public has an interest in receiving the results of this investigation.
(BRV, Inc. V. Superior Court (2006) 143 Cal App. 4th 742) I am therefore providing to the Board of Supervisors excerpts from the investigation report below. It is also my intent to release this memorandum to the public.
Although both the Board of Supervisors and the public have interests in receiving the investigation report, there are also substantial privacy interest that we are legally obligated to protect. The claimant, witnesses and staff of the District Attorney's Office have such privacy interests. Therefore, upon advice of legal counsel and at the direction of the Chairman of the Board of Supervisors, only excerpts of the report are being released at this time. We believe this is required by the BRV appellate decision. After my office and County Counsel have had a more thorough opportunity to review and redact the report to protect the privacy interest of the claimant, witnesses and staff, we will be reporting to the Board of Supervisors regarding the release of report.
Complainant has been informed of the results of the investigation according to our standard practice.
The following are excerpts from the Investigation Report from Curiale Hirschfield Kraemer dated January 12, 2010.
ISSUE PRESENTED
"Did County District Attorney Michael Ramos directly and/or indirectly engage in retaliatory conduct against Investigative Technician Cheryl Ristow in response to her alleging, on or around May 18, 2009, through the present, a past welcome sexual relationship with Ramos purportedly taking place from September 2003 through February 2005? Second,. did Bureau of Investigation Supervisors William Sellers, Frank Povero and Richard Henriksen, engage in retaliation against Ristow either at the direction of Ramos, or independent of any direction or suggestion from Ramos? Third, did any other managerial agent, or supervisory employee, of the County of San Bernardino, engage in any retaliation against Ristow,. whether independent or in conjunction with the aforementioned individuals?"
BRIEF STATEMENT OF CONCLUSION
"There are issues related to the timing of personnel management initiatives,..., that required a heightened level of scrutiny to determine the propriety of certain disciplinary and investigatory actions taken against Ristow. Ultimately, the weight of the evidence compels a finding that there was no retaliation taken against Ristow. The evidence shows that there were pre-'protected activity" performance-related disciplinary and investigatory actions taken against Ristow concerning pre-May 28, 2009 workplace conduct issues, and that actions taken during the relevant time period under investigation were based on objective, verifiable, and current concerns related to Ristow's workplace actions unrelated to any of the Ramos-related statement made by her."
SCOPE OF INQUIRY AND INVESTIGATION PROCESS
"This was an in-depth investigation of a limited claim. From the onset, it is important to recognize that Ristow did not raise a sexual harassment claim that the purported relationship with Ramos was unwelcome, or that the alleged sexual conduct by Ramos in any way created a hostile environment that interfered with her ability to perform her job in an appropriate, harassment-free manner. Rather, Ristow repeatedly informed the investigators that her alleged relationship with Ramos was welcome, mutually-sustained, and of great personal importance to her. It is, in fact, the importance that she placed on the relationship that led her to go public with her outrage over the County's denial of the existence of the claimed affair."
"Accordingly, it is necessary to remind all interested parties that the scope of our investigation was appropriately limited to a determination of whether Ristow suffered adverse employment actions committed or condoned by supervisory representatives of the County. We were neither tasked with, or would we have accepted, an unfocused inquiry into the rather salacious allegations made in the subject May 28, 2009 Sentinel article. Whether Ramos did or did not have welcome - or unwelcome =sexual relationships with the females identified in that and subsequent articles and blogs, is irrelevant to whether or not he, or individuals at his request or suggestion, retaliated against Ristow adversely affecting the terms and conditions of her employment. Thus, while encouraged by many to delve into the muck or rumor and scandal, that was neither our charge nor an obligation necessitated by the issue presented."



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