Board finds no harassment

An investigation has found no wrongdoing following a complaint of harassment by Portland’s police chief and other officers against the city’s clerk-treasurer.

Jerry Leonhard addressed the complaint and findings in a brief statement at the conclusion of Wednesday’s Portland Board of Works meeting.

“We the members of the Portland Board of Works find no violation of harassment or violations of city codes by (clerk-treasurer) Lori Phillips in the complaint by Chief Mock,” said Leonhard, who serves on the board of works along with Steve McIntosh and Portland Mayor Jeff Westlake.

No further details regarding the complaint were provided during the meeting and there were no additional comments following Leonhard’s statement.

On Wednesday evening, The Commercial Review was provided with documentation about the incident. It includes a report from city attorney Wes Schemenaur, complaint emails from Police Chief Dustin Mock, assistant chief Donnie Miller and investigator Jeff Hopkins, the email from Phillips that led to the complaints and various other documents.

In a nine-page report dated April 11, Schemenaur provided the following conclusion: “I do not find that the March 19 email from clerk-treasurer Phillips to the city council constituted a violation of the city’s personnel policies.”

The document subsequently says that the board of works met in executive session April 11 to discuss the allegations. It adds that board of works adjourned the meeting to review the materials their were provided and that Leonhard and McIntosh later separately contacted Schemenaur to inform him that they did not find a violation of city code and would take no further action on the complaint. (The document indicates that Westlake recused himself because he was a witness to some of the allegations in the complaint.)

The Commercial Review reached out to Westlake, Schemenaur, Phillips and Mock on Thursday morning seeking comment.

“I think the decision was the right decision,” said Westlake. “We just need to move forward from here on out.”

“I just want everybody to work together the best that they can,” he added.

“I just want it known that all claims that were made were false and unfounded,” said Phillips. “I just want to move forward for the betterment of the City of Portland. I think as city employees we need to work together and all have a same common goal, which is to make the City of Portland thrive.”

Mock said he has no further comment on the issue.

Schemenaur did not return a phone call before press time.

The complaints made against Phillips made by Mock, Miller and Hopkins stem from an email the clerk-treasurer sent March 18 to Portland City Council members.

 In the email, Phillips details what she refers to as “disconnect and blatant disrespect within the City of Portland leadership.” Her list includes utilizing Hopkins Repair for work on city vehicles and a question about whether the decision was motivated by personal gain, the police chief and investigator seeking access to the Indiana Public Retirement System, someone (unidentified) impersonating the mayor on phone calls with other municipalities, Mock researching ways to get overtime pay for himself (his position is overtime exempt), an issue regarding worker’s compensation, the police department fundraising letter that was distributed earlier this year and the take-home vehicle policy for officers.

In the weeks following that letter, Mock, Miller and Hopkins sent letters addressing the mayor and/or “to whom it may concern” regarding the email from Phillips. A March 28 letter from Mock cites several sections of city ordinances regarding verbal harassment, use of computers, internet and email, behavior, and respect and civility, and requests that the mayor investigate accusations that Phillips “has contravened several Portland City policies.” Mock says in his letter that Phillips “has made false and damaging statements about me and other members of the police department in her official capacity, which may constitute libel” and that those statements “have caused harm to my reputation and well-being.”

Schemenaur’s report indicates that he was notified in person April 1 of the complaint by Mock and Hopkins and was provided with a formal written complaint as well as statements from witnesses.

As part of his investigation, Schemenaur received a written statement from Phillips, conducted an interview with Westlake in addition to getting a written statement from the mayor and conducted interviews with Mock, Hopkins and Miller, as well as officer Patrick Long, who was involved in the question regarding worker’s compensation.

Schemenaur’s report analyzes each of the allegations made by Mock against Phillips. In it, he says, “I do not find that the email meets the definition of Verbal Harassment as the ordinance requires repeated attacks.” The report analyzes each paragraph of Phillips’ email to council, in each case finding that the email is not in violation of city code.