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Wednesday, March 24, 2010
Fire Mac McCarley! Vote In New Charlotte City Council!
Looks like Charlotte City Attorney Mac McCarley set up Mayor Anthony Foxx by ill-advising him on how to correctly handle a recent Sexual Harassment incident involving an elected official (Warren Turner).
Sexual Harassment Complaints & Investigations are protected by the Federal Gov't (EEOC) period! No ifs, ands or buts.
Mayors have NO authority to usurp Federal laws and should NOT attempt to cover up Sexual Harassment Complaints just because the defendant is an elected official.
Mayors should also NOT hinder an Investigation by attempting to destroy the reputation of a Sexual Harassment victim.
If a City employee reports an incident of Sexual Harassment, it doesn't matter if the perpetrator is an elected Official or not, it still needs to be handled by the Human Resources dept in accordance with EEOC laws & guidelines.
In addition the victims are also protected by Federal Law from Retaliation.
If Charlotte City Attorney Mac McCarley did ill-advise Mayor Anthony Foxx on the proper handling of such a sensitive matter, one that's highly protected by Federal Law, I'd say its time for a new City Attorney to be hired don't you?
Perhaps if the Charlotte City Council doesn't think so than it may be time to get rid of them too during the next election in 2011, because this entire attempted Cover Up reeks of Blatant Disrespect for the Victim, Disregard for Federal Law, Legal Incompetence and Professional Stupidity!
And....since its assumed the victim is a Black Female, there could be grounds for a Racial Discrimination lawsuit as well.
In case Mac McCarley wasn't aware Racial Discrimination complaints are also protected by Federal law (EEOC).
Check out the videos, e-mails and articles below to learn more about this embarrassing debacle created by Charlotte's elected "dummies".
How Not To Handle A Sexual Harassment Claim
The City of Charlotte's clumsy handling of a sexual harassment complaint by one of its employees leaves the public not only suspicious of its elected leaders but also unsettled about how seriously top city officials take such complaints.
How would this scenario be handled at your workplace? A female employee complains to human resources or to a top boss that she has been sexually harassed. At many companies, that's a loud, clanging alarm bell which sparks an all-out internal investigation. The accused employee is interviewed and leaders try to determine what happened, whether the allegation has merit, whether this is the first time this person has been accused of such an act, whether a culture exists that allows such action and so on.
That, apparently, is not what happened when a female city employee complained that she had been the victim of inappropriate behavior by a male City Council member. Instead, City Manager Curt Walton, City Attorney Mac McCarley and Mayor Anthony Foxx agreed that Foxx would simply reaffirm with the City Council that such behavior would not be tolerated. Foxx sent the council an e-mail to that effect but gave no other information publicly. That left the eight male council members looking at each other quizzically, their reputations all clouded in the minds of an uninformed public.
McCarley has said that the issue was closed because there hadn't been a formal complaint. Formal or informal, official or unofficial: When an employee alleges that she has been sexually harassed, an internal investigation is warranted. The lack of any indication from Walton or Foxx that the city fully investigated the woman's claims leaves the public wanting more assurance that her accusation was taken seriously. How else is the public to feel confident that the scope of the problem, if any, has been determined? If the city did do a thorough investigation, it has done a lousy job of conveying to the public the depth of its concern. Walton and Foxx should have told the council, city employees and the public early on what it was doing to get to the bottom of the case.
Three city officials have told The Observer that it was City Council member Warren Turner's behavior that prompted the complaint and Foxx's March 14 e-mail. Turner said last week that no one from the city had told him the e-mail was about him. If true, that's beyond puzzling. Talking with Turner, if he is the accused, should have been among the first things city officials did.
Foxx said he was "taken aback" at the reaction to his e-mail. He shouldn't have been. It was a mysterious shot out of nowhere and aimed suspicion at all eight male council members.
A significant part of the problem here is that the City Council has no policy governing sexual harassment. It's unclear whether city policy against harassment applies to council members. You'd think such prohibitions are common sense, but the lack of a council policy leaves Foxx and council members with no road map for handling such accusations. Instead of a reasoned response, we get a vaguely accusatory e-mail, a confused public and a potential victim who has almost been forgotten in the political aftershocks.
Charlotte City Leaders Bungle Sexual Harassment Complaint Of Black Victim
Charlotte's City Leaders have completely unprofessionally bungled a recent Sexual Harassment Complaint, which will no doubt make the city liable and open the doors for future Lawsuits.
Who's going to win?
The victim because they tried to circumvent Federal Law by attempting to cover it up.
Is the victim Black or White?
A Blue Collar or low level Black, Female Charlotte City employee.
How do I know or why does this matter you ask?
Charlotte is an extremely Racist & Small-Minded city.
Charlotte-Mecklenburg's Leaders, including so-called Arrogant Black "Leaders" treat their Black Constituents like dirt, with the exception of individuals who are Fraternity/Sorority friends of those Black "Leaders".
Per Newsweek magazine North Carolina has a long history of intentionally mishandling Sexual Harassment, Sexual Assault & Murder cases when the victims are Black Women.
If the victim in this case had been White Charlotte Mayor Anthony Foxx would have the accused person's (Warren Turner) head on a platter by now.
Isn't Anthony Foxx Black too you ask?
That doesn't matter, he's just a scared Token and a puppet with "no real teeth" or power.
Foxx relies too heavily on Charlotte's "Good Ole Boy" system by allowing himself to be pushed and pulled by Charlotte's White Leaders (like Susan Burgess, Hugh McColl & Mac McCauley).
Because Anthony Foxx was raised in the South (Charlotte) he believes that only White Leadership has all the brains.
I'd say this incident of trying to hide or cover up a Sexual Harassment issue, further proves Anthony Foxx is Charlotte's wrong choice of Leader for Charlotte.
In fact we actually need a whole new City Council.
Why?
Continue reading to learn more.
Warren Turner and Charlotte Mayor Anthony Foxx seem to both think they are above Federal Law when it comes to Sexual Harassment Complaints.
Turner has only been accused of Sexual Harassment by a Female City of Charlotte employee but apparently his buddy Mayor Anthony Foxx is attempting to cover up for him by trying to block the Investigation.
I don't know about you but doesn't this appear as if both Warren Turner and Anthony Foxx are trying to cover up this possible incident, destroy the woman's character, frighten her into being quiet or all three?
Destroying a victim's Character seems to be Anthony Foxx's regular defense style.
In fact the entire City Council recently voted to hire a Private Investigator.
no doubt to destroy the victim's reputation and Character. (Foxx's M.O.)
Who was included in the voting process?
Accused Member Warren Turner!
Can you believe it??
Shouldn't Turner have recused himself from the voting process on this issue?
There are different examples of Sexual Harassment with the most common being Quid Pro Quo, a Latin phrase which means "This for That".
The other most common form of Sexual Harassment involves Sexually Offensive Behavior.
So which was it?
Probably Quid Pro Quo as in you scratch my ball head (Turner) and I'll rub your back (the victim).
She must be a Black Woman.
How do I know?
Because if she were a White Woman Anthony Foxx (Charlotte's 2nd Token Black Mayor) would NOT have taken this issue of Sexual Harassment so lightly and as I mentioned above, would have Warren Turner's head on a platter by now.
Wait a minute!
Last time I checked aren't Sexual Harassment complaints protected by the Federal Gov't?
(U.S. Equal Employment Opportunity Commission)
Title VII of the Civil Rights Act of 1964 (Title VII)
If a victim's Employer refuses to comply with Federal Law, the victim can bypass their Employer and file a Sexual Harassment Complaint with the U.S. EEOC's Office directly.
These elected "dummies" (Foxx & Turner) somehow foolishly believe they don't have to comply with Federal Law (EEOC) as it relates to properly handling an incident involving Sexual Harassment.
It doesn't matter if you are an Elected Official or not!
Anyone who commits acts of Sexual Harassment must submit to Federal Law.
And....
The victim is protected by Federal Law from Retaliation.
Isn't Charlotte Mayor Anthony Foxx an Attorney by trade?
Well doesn't he know that interfering with a Sexual Harassment complaint for the purpose of covering it up constitutes as a Violation of Federal Law?
I suggest these elected "dummies" (Foxx & Turner) attend Workshops on up-to-date Sexual Harassment Laws.
After all how can you manage an entire City if you aren't knowledgeable about Sexual Harassment and Federal Laws related to Sexual Harassment??
Former Charlotte Pat McCrory would NEVER have done something so Incompetent as attempting to cover up a Sexual Harassment complaint or block an Investigation.
Instead Pat McCrory would have allowed the City of Charlotte's Human Resource Dept and the City's EEOC Dept. handle such a sensitive matter.
Perhaps Mac McCauley (City of Charlotte's lying Attorney) needs to STOP incorrectly interpreting Laws just to please Charlotte City Council Members (Job Preservation) and really apply the Law as it stands per U.S. Supreme Court Cases.
This is why we need to get rid of our current City Council members and vote in new people who won't be afraid to hire a New City Attorney & New City Manager.
However I'm not surprised about Warren Turner.
He's an Arrogant, Absentee City Council Member who treats his Southwest Charlotte Constituents who reside in the Nations Ford, Arrow wood and Old Pineville road communities like dirt!
I wrote about Warren Turner in a previous post.
Hopefully this dirty expose' on Warren Turner finally means the end of his Political Career, than Southwest Charlotte constituents can vote into Public Office a real district Representative.
One who won't intentionally ignore residents who reside in the Nations Ford, Arrow wood and Old Pineville road communities.
Maybe this Sexual Harassment Investigation against Turner is payback.
As they say in the South "God doesn't like ugly".
Hmmm. Seems Charlotte has become the new "Dirty South" with all these Corruption Cover Ups.
Just like Tiffany Wright's Murder Case Cover Up,
Marcus Jackson's Cover Up and the Charlotte DSS Fraud Cover Up.
In case you weren't aware Charlotte's so-called Black "Leaders" are notorious for Cover Ups when it comes to their Family & Fraternity/Sorority associates.
I smell another Lawsuit being filed against the City of Charlotte don't you?
I also predict Mayor Anthony Foxx will ONLY be a one-term Mayor after this stupid legal screw up.
It doesn't pay to be Arrogant and Slick.
Stay tuned.
Mayor Anthony Foxx's New E-mail On The Recent Sexual Harassment Issue.
Dear City Council Members:
Last night, we reached unanimous agreement to place on our April 12, 2010 agenda a discussion and vote on whether to initiate a third party investigation. In order to expedite this process, I will exercise my discretion to place this matter at the end of tomorrow's budget workshop agenda.
If the City Council votes in favor of moving forward, this investigation will begin immediately instead of three weeks from now. In addition to the investigation, the action will suggest a review and update of our ethics policies and procedures to ensure that we have clear steps to manage any alleged incidents of misconduct in the future.
I want to thank all of you for cooperating with the process outlined on Thursday and led by Mayor Pro Tem Susan Burgess. Please let me know if you have any questions.
Best,
Anthony.
Anthony Foxx's Sexual Harassment Cover Up E-mail:
Dear City Council Members:
We owe the citizens of Charlotte our very best effort every day, and I appreciate all of you for your investment of time and energy in making our city a better place. The responsibility, of course, extends to our personal treatment of staff as well, including not engaging in any form of sexual harassment towards them. Any such behavior cannot and will not be tolerated by me, our City Council or the public we serve, and I ask you to keep that in mind.
For those of you traveling to Washington D.C. this week, I wish you safe travels and a productive series of meetings with our congressional leaders and others.
Best always,
Anthony.
Charlotte City Council Members Suggest Formal Policy On Harassment
Several Charlotte City Council members want to see a policy crafted regarding sexual harassment and the city's elected officials in the wake of an allegation of harassment against a council member.
That allegation was made informally, according to City Manager Curt Walton, and became public after Mayor Anthony Foxx e-mailed the city council members with a reminder not to engage "in any form of sexual harassment towards them."
Walton said no formal complaint was filed. City Attorney DeWitt "Mac" McCarley has said the matter was therefore considered closed.
The city of Charlotte does have a formal policy against harassment for employees of City Manager Curt Walton, but elected officials are not considered city staff.
In an e-mail to other council members obtained by NewsChannel 36 under the NC Open Records Act, councilman Patrick Cannon wrote, "We have discovered that indeed there is no such ordinance that governs elected officials. It's my thought that we as officials are not above the law and should be subjected to the same regulations regarding harassment as the next individual."
Cannon goes on to suggest that council adopt the city's policies against sexual harassment.
Mayor Foxx responded, "The city manager adopted procedures would place staff and council members in an odd spot. If we were to apply those procedures to the city council and if a formal complaint against either is ever filed, staff would be required to investigate and potentially discipline an elected official."
"We're being very intentional to create a process that will be useful in the future," Councilmember Nancy Carter said Tuesday.
"I'm just going to say, for the record, it ain't me. I'm not engaged in this," Cannon said at the city council meeting Monday night, echoing the comments of other city leaders to reporters in recent days. He said, "There is a gray cloud over all the heads" of male council members.
Susan Burgess suggested that city council hire an outside investigator to look into the allegation.
Because the outside investigation was not previously on the agenda for Monday's council meeting, Burgess needed a unanimous vote to have a formal discussion.
Council member Warren Turner blocked immediate action, calling the inquiry "a waste of the taxpayer's money."
In a later interview, Turner said he was not trying to hide anything, but felt the investigation could result in a lawsuit if the employee who made the claim is inadvertently identified.
"I think we very well could be violating people's privacy," Turner told NewsChannel 36. "If they had a private conversation with an individual that did not file a complaint, then it should remain in that context."
Turner later voted with the rest of council to discuss the outside investigation at a meeting on April 12.
City staff and council members have repeatedly emphasized that no formal complaint was ever filed on the matter.
Jenny Sharpe, a Charlotte attorney with a specialty in sexual harassment law, said that should not matter in this case. "There is no distinction between a verbal complaint and a written complaint."
However, Sharpe said she believes the mayor's e-mail was effective, legally speaking. She said a formal investigation would close the door on any liability for the city of Charlotte.
"Liability ceases once the harassment stops, so if the employer can show that it has taken prompt and effective remedial action under the circumstances and that there is a cessation of the conduct, then liability ceases for the employer," Sharpe said.
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Sources: WBTV, WCNC, McClatchy Newspapers, Newsweek, Google Maps
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