A California mayor has agreed to remain on the sidelines in public hearings regarding claims made by two city employees alleging that he damaged their health by creating a hostile work environment. Mayor Roger Hernandez agreed to pay any damages should one of the employees, Chris Chung, file a claim and win, thereby creating for himself a financial stake in the outcome of the hearings and a conflict of interest. -DB
San Gabriel Valley Tribune
January 14, 2009
By Jennifer McLain
WEST COVINA – Mayor Roger Hernandez will no longer participate in city discussions about two hostile work environment claims targeting him, he said Wednesday.
Last month, City Attorney Arnold Alvarez-Glasman advised Hernandez to recuse himself from public meetings regarding claims filed by city spokeswoman Sue Williams and Community Development Director Chris Chung.
Hernandez, who disagrees with the city attorney’s advice, said he was advised to leave because he has a financial stake in the outcome.
“My change of mind was because of the city attorney’s insistence,” Hernandez said. “I did not want to give the appearance of being uncooperative.”
Alvarez-Glasman would not comment on the reasons that Hernandez should recuse himself.
Terry Francke, president of a government watchdog group Californians Aware, said Alvarez-Glasman’s recommendation is understandable.
“If [Hernandez] had no stake in this at all, than he would just be like all the other council members defending the city,” Francke said. “But here, he is motivated to see the city win in a very personal way, and there is a rational concern for how that might affect his participation as a witness.”
Hernandez’s recusal came after Councilman Steve Herfert filed a complaint last month with the Fair Political Practices Commission, a government agency that regulates financial conflicts of interest among politicians.
Hernandez promised to pay back the city if Chung filed and won a suit against West Covina. By offering his own money, Hernandez has a financial stake in the case and is not allowed to participate in its discussion, Herfert alleged.
Typically, when claims are filed with the city, the claimant has up to two years to file a lawsuit, Alvarez-Glasman said. Neither Williams nor Chung filed a lawsuit with the city.
Williams filed a claim with the city on Oct. 23 alleging that Hernandez caused her to be physically ill and subjected her to a hostile work environment. On Dec. 2, Williams retained as her attorney Victor Jacobovitz, who is also representing Chung.
Chung’s claim accuses Hernandez of damaging Chung’s health and reputation, causing physical and mental stress, “self-induced diabetes” and damage to his future employment prospects.
In the past, Chung has accused Hernandez of swearing at him and acting like a bully.