You Are the Jury - Who Did What to Whom?

6033 WEST CENTURY BOULEVARD, 5 TH FLOOR LOS ANGELES, CALIFORNIA 90045 T: (310) 981-2000 F: (310) 337-0837 153 TOWNSEND STREET, SUITE 520 SAN FRANCISCO, CALIFORNIA 94107 T: (415) 512-3000 F: (415) 856-0306 5250 NORTH PALM AVENUE SUITE 310 FRESNO, CALIFORNIA 93704 T: (559) 256-7800 F: (559) 449-4535 550 WEST "C" STREET, SUITE 620 SAN DIEGO, CALIFORNIA 92101 T: (619) 481-5900 F: (619) 446-0015 CALIFORNIA ASSOCIATION OF JOINT POWER AUTHORITIES (CAJPA) 2013 FALL CONFERENCE You Are the Jury - Who Did What to Whom? 9/12/2013 PRESENTED BY: Suzanne Solomon & Ruth Graf-Urasaki WWW.LCWLEGAL.COM

TABLE OF CONTENTS BACKGROUND FACTS...2 EXHIBIT A: LAWSUIT...7 EXHIBIT B: WRITTEN COMPLAINT FROM LEONA WILSON... 14 EXHIBIT C: EXCERPT OF INTERVIEW WITH GORDON NELSON... 15 EXHIBIT D: EXCERPT OF INTERVIEW WITH LEONA WINSTON... 17 EXHIBIT E: EXCERPT OF INTERVIEW WITH MARTIN FERGUSON... 23 EXHIBIT F: FACEBOOK PAGE MARTIN FERGUSON... 28 EXHIBIT G: COMPILATION OF FERGUSON BLOG MESSAGES... 29 EXHIBIT H: EMAILS FROM FERGUSON TO WINSTON... 30 EXHIBIT I: SUMMARY OF INVESTIGATION FINDINGS... 32 EXHIBIT J: TWEETS SENT FROM MARTIN FERGUSON S DEPARTMENT-ISSUED CELL PHONE... 36 EXHIBIT K: EMAIL FROM NELSON RE MEETING WITH WINSTON TO DISCUSS INVESTIGATION... 37 EXHIBIT L: EMAIL FROM NELSON RE PERCEIVED THREATS FROM WINSTON... 38 EXHIBIT M: EXCERPT FROM TRANSCRIPT OF LEONA S SPEECH IN FRONT OF CITY COUNCIL... 39 EXHIBIT N: LETTER FROM PICKENS COUNSELING SERVICES... 40 EXHIBIT O: WINSTON TIMESHEETS... 41 EXHIBIT P: NOTICE OF INTENT TO TERMINATE... 59? 1

BACKGROUND FACTS Leona Winston v. City of Pleasant Gardens Characters Leona Winston Administrative Assistant III, Plaintiff Martin Ferguson Police Sergeant, alleged harasser Gordon Nelson Director of Transportation Management (and Leona Winston s supervisor) Ruth Graf-Urasaki Attorney representing Leona Winston Suzanne Solomon Attorney representing the City of Pleasant Gardens Background Leona Winston has been employed for ten years by the City of Pleasant Gardens as an Administrative Assistant III in the Office of Transportation Management. Her immediate supervisor is Gordon Nelson, Director of the Office. He has been Leona s supervisor for two and a half years. Leona s performance evaluations prior to Gordon s arrival were all satisfactory. Gordon has never evaluated her. The first year Gordon supervised Leona, he felt he did not have enough experience of her work to write an evaluation for her. The second year Gordon supervised Leona, he was deeply involved in responding to a Grand Jury audit regarding transportation management, and he did not get around to writing a performance evaluation of her. Martin Ferguson is a sergeant in the City s Police Department. He has responsibility for traffic enforcement, and in that capacity he comes to Gordon s office regularly for meetings. He and Gordon are also very good friends they golf together once a month, and twice a year they go on a hunting or fishing trip with some other City managers.? 2

Martin is not married. He is deeply religious and is very involved in his church, the Church of the Selective Resurrection. He believes that he should bear witness to his faith and should also proselytize whenever and wherever he can. When Martin visits the Office of Transportation Management, he usually stops by Leona s desk to chat for a few minutes. Martin often asks Leona if she would like to have a cup of coffee on her break or go to lunch. Two or three times she has gone with him. Once she also accompanied him to a Wednesday evening prayer meeting. Leona s Harassment Complaint and Investigation Beginning in Autumn 2010, Leona started becoming moody and irritable at work. She snapped at people on the telephone, dropped papers on people s desks without looking at them or speaking, and made sarcastic remarks when greeted in the morning. She grew increasingly rude and aggressive in her dealings with fellow employees. She made disparaging remarks about their attire, and she was impatient when anyone did not finish a task as quickly as she expected. At a noon-time shower for a co-worker who was expecting a baby, she sat by herself and stared stonily when spoken to by others. Gordon received so many complaints about Leona s rudeness that he finally met with her to counsel her about it. He had some difficulty expressing what his concerns were, but when Leona finally understood what he was saying, she jumped up and shouted, How dare you talk to me without my union representative here? You are a fascist bully! She then rushed from the office, slammed the door behind her, and left for the day. The next day, Gordon met with her to discuss the previous days incident. He arranged for a union representative, Celia Kim, to be present. Leona immediately pulled out a written complaint which she gave to Gordon saying, I don t know how anyone could expect me to be cheerful with all the harassment I have been subjected to. It has been simply horrible. And you knew what was happening and you didn t stop it. He said you would do this, and now you are! The written complaint alleges that Martin has been badgering and harassing Leona to join his church. It alleges that Martin has insisted that she go out with him during breaks, and that he sends her emails every day urging her to be saved by coming to his church. It also alleges that Martin has threatened Leona by telling her that he and Gordon are so close, if he tells Gordon to? 3

fire her, Gordon will do so. Gordon read the complaint, told Leona to go back to her desk, and sent the complaint to the Human Resources department. The Director of Human Resources, Rochelle Underwood, contacted Chief of Police Dwayne Carson, and told him about Leona s complaint. Rochelle and Dwayne agreed that the City needed to investigate the complaint, so Rochelle retained outside investigator Ed Trent to do the investigation. Ed interviewed Leona, Martin, Gordon, several other police officers, and some co-workers of Leona s. Martin adamantly denied harassing Leona. He admitted that he has talked to her about his religious beliefs and activities, and he claimed that Leona has always seemed sincerely interested. He claimed that it was Leona who asked to accompany him to the prayer meeting, and that while they were at church, she told other members that she found it a peaceful and uplifting experience. When asked why he never asked her to accompany him again, Martin said that it was because another woman at the church who is sort of a girlfriend, didn t like Leona. He told the investigator that he only suggested to Leona that she might enjoy visiting another Selective Resurrection community. Martin admitted that from time to time he sends emails to his friends at the City expressing his religious beliefs. His email signature has the phrase Be Saved at the end. In the course of the investigation, Ed looked at Martin s Facebook page, which mentioned his religious conviction that females should be subservient to males. Ed also found that Martin often posts replies on various blogs that include these views. Gordon denied knowing anything about Martin and Leona s conversations. He told the investigator that he would never make an employment decision based on Martin s urging. Ed submitted an investigation report stating that Leona s allegations were Not Sustained. However, the findings regarding Martin s Facebook page cause Chief Carson to take a look at the records for Martin s department-issued cell phone, and he found numerous tweets to the effect that women ought not to be working.? 4

Leona s Termination Meantime, Leona has continued to be abrasive and rude to her co-workers when she is at work at all. She has begun to be absent on average three days a month and is frequently ten to fifteen minutes late. Because she had a lot of accumulated sick leave, she is not yet close to running out. Gordon has met with her about the tardiness and absences. After the City received the investigation report, Gordon met with Leona to tell her the result. Leona flew into a rage, screaming at him that Martin raped her soul and that he, Gordon, was doing exactly what Martin claimed he would do. Leona ran from the office in tears, left the building and did not return that day or the next two days. The following week, Gordon and Martin went on one of their periodic hunting trips. When Gordon returned, co-workers told him that Leona had been heard muttering statements under her breath such as, I ll make a list. I ll make a list, and Hunting? I ll go hunting! The co-workers told Gordon they were very scared of Leona and thought she was planning to kill Gordon. This concerned Gordon and he decided that he would ask HR Director Underwood and Chief Carson to accompany him at his upcoming meeting with Leona to discuss her office behavior. He contacted Leona s union rep Celia Kim, and arranged for them all to meet the following Monday. Before that meeting took place, Leona attended a City Council meeting and spoke to the Council about the Grand Jury report findings of inefficiencies in the City s transportation department. She urged the Council members to visit the Department, so you can see for yourself how corrupt and evil it has become. As further evidence that the Transportation Department is evil, she also mentioned that she is being persecuted, because people didn t like her and thought she was trouble. On Monday, as soon as Leona walked into Gordon s office and saw the Police Chief and the HR Director, she threw her notepad onto Gordon s desk and stormed out of the building again. She did not return to work or call in. The City called her at home, but she did not answer or return messages. After three weeks, the City sent her a Notice of Intent to Terminate. Leona did not attend her Skelly conference and instead sent a long letter responding to the charges. In that letter she mentioned for the first time that she was very, very ill. Attached to her response was a letter from a counselor describing Leona as very depressed, and that she? 5

might benefit from some time away from the workplace. The City went forward with the termination. Leona did not appeal to the City Personnel Commission. Leona s lawsuit Leona filed a lawsuit against the City. The lawsuit alleges: Harassment Retaliation for Making a Harassment Complaint Discrimination based on religion Discrimination based on disability Failure to accommodate Retaliation for engaging in First-Amendment protected speech When Leona s counsel serves a demand for retention of electronic evidence, it is discovered that nearly all emails were purged pursuant to an annual update of the email system.? 6

EXHIBIT A: LAWSUIT Ruth Graf-Urasaki Bar No. 123456 GRAF-URASAKI AND ASSOCIATES A Professional Law Corporation 111 Main Street, Suite 1 Pleasant Gardens, CA 95555 Telephone: (999) 555-1234 Facsimile: (999) 555-4321 Attorneys for Plaintiff LEONA WINSTON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF UTOPIA LEONA WINSTON, v. Plaintiff, CITY OF PLEASANT GARDENS; DOES 1 through 10 inclusive, Defendants. Case No. 00112234 COMPLAINT FOR DAMAGES; HARASSMENT; RETALIATION; RELIGIOUS DISCRIMINATION; DISABILITY DISCRIMINATION; FAILURE TO ACCOMMODATE; FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS; VIOLATION OF FIRST AMENDENT FREE SPEECH PLAINTIFF LEONA WINSTON hereby sues Defendants CITY OF PLEASANT GARDENS, and DOES 1-10, collectively referred to herein as Defendants, for general, compensatory, punitive, and statutory damages, costs, and attorneys fees resulting from the Defendants unlawful and tortious conduct, and as ground therefore alleges: 1. This Court has jurisdiction over this action because all acts complained of herein occurred within the geographical limits of this court, and the amount in controversy exceed the 7 EXHIBIT A

minimum jurisdictional limits of this court. Plaintiff was disabled and/or was regarded as being disabled as that term is understood under the laws of the State of California. THE PARTIES 2. Plaintiff LEONA WINSTON (hereafter PLAINTIFF) is a resident of the State of California. At all relevant times herein, Plaintiff was an employee of Defendant, and each of them covered by California Government Code 12940, which prohibits discrimination in employment on the basis of disability, and subjects defendants to suit under California Government Code section 12940. 3. Plaintiff is informed and believes and thereon alleges that at all times relevant hereto, Defendant CITY OF PLEASANT GARDENS is a subdivision of the State of California, and is a public entity duly organized and existing under the laws of the State of California. 4. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as DOES 1-10, inclusive, and therefore, sues these Defendants by such fictitious names. Plaintiff is informed and believes and on such basis alleges that Defendants, and each of them, were the agents and employees of all other Defendants, and approved and/or ratified the conduct of other Defendants, and were acting within the course and scope of such agency and employment. ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 5. Plaintiff was hired by Defendant in 2001 as an Office Technician and has since been promoted to Administrative Assistant III. Plaintiff was an excellent employee and would have continued to be if Defendant did not fail to accommodate her disabilities and protect her from unlawful discrimination and harassment. 6. From approximately 2009 until Plaintiff s wrongful termination, another City employee, Police Sergeant Martin Ferguson (Ferguson) engaged in a pattern of harassment against Winston. 7. Ferguson would continuously harass Winston by inviting her to social outings with him such as to his church, to lunch, and/or to other social engagements. 8 EXHIBIT A

8. When Winston refused to accept Ferguson s invitations, Ferguson threatened to use his relationship with Winston s supervisor, Gordon Nelson (Nelson), to get Nelson to terminate Winston. 9. Winston was forced to ultimately accept Ferguson s invitations and did attend church and lunch with Ferguson, only because she feared being terminated from her position. 10. Ferguson often discussed his religion with Winston, and continuously pressured Winston to attend his church with him. 11. Winston, fearing for her job, did attend an evening prayer meeting with Ferguson at the Church of Selective Resurrection. 12. Ferguson continuously sent harassing emails from his work email account to Winston urging her to be saved. 13. At all times, Nelson and other employees were aware of Ferguson s inappropriate conduct and failed to intervene or prevent further harassment against Winston. 14. Ferguson s continued harassment of Winston resulted in a workplace injury that caused a disability, which limited major life activities. 15. Despite Defendant s knowledge of Winston s injury, Defendant refused to engage in an interactive process and refused Plaintiff any accommodation. 16. Concerned with inefficiencies in her department, Winston attended a City Council meeting during which she made public comments regarding a recent Grand Jury Investigation Report. The comments were a matter of public concern and were intended to inform the public of illegalities and inefficiencies within the City. 17. Immediately following said comments, Defendant engaged in retaliatory conduct resulting in the termination of Winston from her position. 9 EXHIBIT A

FIRST CAUSE OF ACTION (Harassment) 18. Plaintiff hereby incorporates paragraphs 1 through 17 as though they were fully set forth herein. 19. The actions and conduct described above constitute harassment in violation of the FEHA at Government Code section 12940. 20. As a proximate result of said conduct, Plaintiff suffered economic loss, embarrassment, anxiety, humiliation, emotional distress, and will continue to suffer said damages and emotional distress in an amount to be determined. SECOND CAUSE OF ACTION (Retaliation for Making Harassment Complaint) 21. Plaintiff hereby incorporates paragraphs 1 through 20 as though they were fully set forth herein. 22. Plaintiff has a right to make a complaint regarding harassment she endures as an employee from any other employee of the Defendant. 23. Within months of making an official complaint of harassment against Ferguson, Plaintiff was terminated from her position without cause. 24. Defendant s decision to terminate Plaintiff was in retaliation for Plaintiff s harassment complaint against Ferguson. 25. As a proximate result of said conduct, Plaintiff suffered economic loss, embarrassment, anxiety, humiliation, emotional distress, and will continue to suffer said damages and emotional distress in an amount to be determined. THIRD CAUSE OF ACTION (Religious Discrimination) 26. Plaintiff hereby incorporates paragraphs 1 through 25 as though they were fully set forth herein. 27. Plaintiff was discriminated against based on her religion. 10 EXHIBIT A

28. Ferguson continuously threatened and harassed Plaintiff because she was not a member of the Church of Selective Resurrection. 29. At all times relevant hereto, Defendant was aware of Ferguson s religious proselytizing at work and did nothing to prevent it. 30. Ferguson threatened to have Plaintiff terminated from her position if she did not attend services at the Church of Selective Resurrection. 31. The conduct of Defendant violated Government Code sections 12940, et seq., and the fundamental public policy of the State of California declaring it illegal to discriminate against an employee based upon the employee s religion. 32. As a proximate result of said conduct, Plaintiff suffered economic loss, embarrassment, anxiety, humiliation, emotional distress, and will continue to suffer said damages and emotional distress in an amount to be determined. FOURTH CAUSE OF ACTION (Disability Discrimination) 33. Plaintiff hereby incorporates paragraphs 1 through 32 as though they were fully set forth herein. 34. Defendant s treatment of Plaintiff, including the failure to accommodate her disability and termination of Plaintiff, constituted disability discrimination in violation of Government Code Section 12940 et seq. 35. At all time relevant hereto, with reasonable accommodation, Plaintiff could have performed the essential functions of her job. 36. As a proximate result of said conduct, Plaintiff suffered economic loss, embarrassment, anxiety, humiliation, emotional distress, and will continue to suffer said damages and emotional distress in an amount to be determined. 11 EXHIBIT A

FIFTH CAUSE OF ACTION (Failure to Accommodate) 37. Plaintiff hereby incorporates paragraphs 1 through 36 as though they were fully set forth herein. 38. At all times relevant hereto, Defendant failed to provide any accommodation for Plaintiff s disability thereby precluding her from continuing in her employment in violation of Government Code section 12940 et seq. 39. At all times relevant hereto, with reasonable accommodation, plaintiff could have performed the essential functions of her job. 40. As a proximate result of said conduct, Plaintiff suffered economic loss, embarrassment, anxiety, humiliation, and emotional distress and will continue to suffer said damages and emotional distress in an amount to be determined. SIXTH CAUSE OF ACTION (First Amendment/Retaliation) 41. Plaintiff hereby incorporates paragraphs 1 through 40 as though they were fully set forth herein. 42. Plaintiff attended a City Council meeting wherein she made public statements against the Defendant, her employer, specifically related to a Grand Jury Investigation of the Office of Transportation Management. 43. Plaintiff s public comments were an exercise of her rights of free speech under both the California and United States Constitution to express her opinions regarding a governmental agency. 44. In violation of Plaintiff s free speech rights under the California Constitution, Defendant retaliated against Plaintiff for her exercise of free speech rights and ultimately terminated Plaintiff s employment because of her exercise of her constitutional rights to free speech. 12 EXHIBIT A

45. As a proximate result of said conduct, Plaintiff suffered economic loss, embarrassment, anxiety, humiliation, and emotional distress and will continue to suffer said damages and emotional distress in an amount to be determined. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for relief as follows: 1. Plaintiff be awarded general and compensatory damages, including lost wages and related employment benefits, in an amount according to proof at trial; 2. Prejudgment interest on the sum of damages awarded, calculated from the date of the initial denial of reasonable accommodation to the date of judgment, in an amount according to proof at trial; 3. That Plaintiff recover from Defendants the costs and attorneys fees incurred in the prosecution of this action. 4. Interest on the sum of damages awarded, calculated from the date of incident to the date of judgment. 5. That all issues herein be determined by a jury. 6. Such other and further relief as the Court may deem just and proper 13 EXHIBIT A

EXHIBIT B: WRITTEN COMPLAINT FROM LEONA WILSON November 15, 2010 I am writing this letter in case anything happens to me, so that people know the truth of everything that I had to endure while I was working with the City. I have been harassed by Police Sergeant Martin Ferguson. Martin is also best friends with my supervisor Gordon Nelson and has often told me that if I dared to complain, he would make sure that Gordon fired me. Martin is always talking to me about the Church of Selective Resurrection. At first it was just little bits, but then he started asking me to coffee and lunch and when I said no, he threatened to have me fired. I did not mind going to Martin s Church, but I do not want to be bothered by Martin all the time. I tell him I will go to lunch with him to make him leave me alone, but it just keeps getting even worse, he will not leave me alone. He is sending me emails every day urging me to be saved. Martin is always telling me if I tell on him he is going to have me fired and he knows that I am very scared to lose my job. Up until now I have kept quiet but I cannot take it anymore. Martin has turned everyone in the department against me. They are all persecuting me for not joining in, and I hear them whispering about me behind my back. The City is saying that I am hard to work with and that I am rude to people. That is a lie. If I am on edge, it is because of Martin. Gordon has been micro-managing me ever since I started to resist Martin and it is obvious he is just sticking up for his friend. Please look into this matter and then you will see what has happened to me. Leona Winston 14 EXHIBIT B

EXHIBIT C: INVESTIGATION EXCERPTS EXCERPT OF INTERVIEW WITH GORDON NELSON ED TRENT: How do you know Sergeant Ferguson? GORDON NELSON: We originally met through various city functions about 6-7 years ago. We were just casual acquaintances and then we realized we had hunting and fishing in common, as well as golf. We started planning a couple of trips to hunt and fish each year, and it has grown into a tradition amongst our friends. ED TRENT: How would you describe your friendship with Sergeant Ferguson? GORDON NELSON: I would say good friends. We are not best friends, and while we have some stuff in common, we don t really hang out all of the time or anything. ED TRENT: Are you aware of the nature of the allegations that I am here investigating? GORDON NELSON: Yes. Leona Winston is an employee I supervise, and she gave me the complaint. ED TRENT: Prior to receiving the complaint, were you aware of the substance of any conversations between Ms. Winston and Sergeant Ferguson? GORDON NELSON: I was not. I had no idea they were even friendly at all, aside from an occasional hello while Martin was making his way through the department for our biweekly meetings. Leona never talked to me about Martin and he never mentioned anything about her. ED TRENT: Did you know that Sergeant Ferguson was religious? GORDON NELSON: Oh yeah! He is always talking about the Church of Selective Resurrection. I have lost count of the times that he has asked me to join him for prayer groups or for services. I have learned to just tune him out. God just is not my thing. But to each his own, and aside from all the Church talk, Martin is fun and great to hang out with. ED TRENT: Were you ever concerned that Sergeant Ferguson may be talking about his Church in the workplace? GORDON NELSON: Honestly, I did not think it was any of my business. I am not Martin s supervisor, and I figured if it got out of hand someone in his own department would handle it with him. Plus, his work email says Be Saved on the signature block, so I just assumed it was not an issue for the City. ED TRENT: Have you ever heard Sergeant Ferguson talking to employees about his religion? GORDON NELSON: Nothing that I recall. I m sure he does, but Martin is one of the nicest guys around. I just don t think he would harass anyone, and while he does talk about his faith, I 15 EXHIBIT C

don t think he would get aggressive with anyone about it. ED TRENT: Did Sergeant Ferguson ever talk with you about Leona Winston? GORDON NELSON: No. ED TRENT: Did Sergeant Ferguson ever encourage you to terminate Leona Winston? GORDON NELSON: Absolutely not, and even if he had, I do not make decisions because someone else tells me to. I am the supervisor and I make the decisions. ED TRENT: Has Sergeant Ferguson ever made any threats to you? GORDON NELSON: No he is a teddy bear! He is one of the nicest, most polite guys around. I just don t see how any of what Leona is saying is true. ED TRENT: Did Leona ever talk to you about Sergeant Ferguson? GORDON NELSON: The first time she mentioned any problems is the day after I met with her to discuss her poor attitude and rudeness in the workplace. The day before that she claimed I was a fascist bully and she ran out of my office. The next day, she made all these claims about Martin all of a sudden. ED TRENT: Was it normal for her to have a poor attitude and to be rude at work? GORDON NELSON: I wouldn t say it was normal. She had been that way for several months before I talked to her. Honestly, I have not paid that much attention to her before because there was so many problems in the Transportation Department when I got here. She used to be quiet and not cause problems, but lately she is different. She is very unpleasant to work with. 16 EXHIBIT C

EXHIBIT D: INVESTIGATION EXCERPTS EXCERPT OF INTERVIEW WITH LEONA WINSTON ED TRENT: This is a tape recorded interview with Leona Winston, an Administrative Assistant III in the City of Pleasant Garden s Office of Transportation Management. Ms. Winston do you understand you are here as a witness in this administrative investigation? LEONA WINSTON: Yes. ED TRENT: Okay. This is going to be in regards to a complaint that you recently made regarding alleged harassment by a police Sergeant named Martin Ferguson. You claim that Sergeant Ferguson intimidated you, harassed you into going to lunch and dinner with him, and threatened that he would have you terminated if you refused to comply, correct? LEONA WINSTON: Yes that s correct. ED TRENT: How did you first come to know Sergeant Ferguson? LEONA WINSTON: Well I had seen him before, but I would say I first got to know him when he started hanging around the Department. ED TRENT: Is Sergeant Ferguson friends with Mr. Nelson? LEONA WINSTON: Oh yeah, they are really close. Once Gordon started, I heard Martin had himself reassigned, so he would be the one attending biweekly meetings with Gordon to talk about traffic management. Since my cubicle is just outside Gordon s office, Martin used to stop all the time and say hello. ED TRENT: How did you know that Sergeant Ferguson and Mr. Nelson were friends? LEONA WINSTON: Everyone knows. As soon as Gordon started, he told people how he was in with the police, and they helped him get his job with the City. Plus, he has lots of pictures from hunting and fishing trips and Martin is in almost every single picture. They were always slapping each other on the back, talking about sports and that kind of stuff. It was no secret to anyone that the two of them were good friends. 17 EXHIBIT D

ED TRENT: When did Sergeant Ferguson start to ask you out to lunch or dinner? LEONA WINSTON: About three months after he started coming for his biweekly meetings. Martin stopped by my desk one day and asked me what I was doing for lunch? I told him I always bring my lunch since I am on a tight budget, and he said why don t you let me take you out to lunch? I told him I did not think that was a good idea, but thanked him for the invitation. I did not think much about it, until later that week when he sent me an email asking if he could take me to dinner. The email also said Be Saved on it which I found to be odd. ED TRENT: Did you respond to his email? LEONA WINSTON: No. I figured I would just ignore it and then he would go away. I really don t like confrontation, so I thought the best way to handle it would to be doing nothing. ED TRENT: Did doing nothing work? LEONA WINSTON: No. In fact, I think it just made everything worse. The next time Martin came through the department, he stopped at my desk. He always has his uniform on, including his gun. Well he stopped and he had his hand on the handle of his gun, and he leaned real close to me, and said you should really let me take you to lunch, your life could depend on it. I got real scared and started shaking, but before anything else could happen he stood up, told me to have a good day, and then walked into his meeting with Gordon. ED TRENT: Did you tell anyone about what happened? LEONA WINSTON: No. I am not really close to anyone in the Department and now I don t trust them at all because they are all complaining about me. I just thought it would be a one time thing. I was so scared anyhow. I was not sure what to do. When nothing else happened after that time I figured I was in the clear. ED TRENT: So what happened after that incident? LEONA WINSTON: That was when I started to find brochures on my chair and emails from Martin on my computer. ED TRENT: What kind of brochures? 18 EXHIBIT D

LEONA WINSTON: Religious ones. Always talking about this Church of Selective Resurrection. I had never heard of such a church, so I just thought it was someone in the department trying to intimidate me, since they are always out to get me. ED TRENT: Did you end up finding out who was leaving the brochures? LEONA WINSTON: Yes, it was Martin. ED TRENT: How did you find out that it was Sergeant Ferguson? LEONA WINSTON: Well a few weeks after that incident where he asked me to lunch, he came by my cubicle. I had not seen him for a few weeks. He stopped at my desk and just blurted out, Leona do you believe in being saved? I was a little bit shocked, but I said, yes I am a Christian. Martin breathed a sigh, and said, Good, I have been leaving you literature trying to teach you about the importance of the Church of Selective Resurrection, your life depends on it. I was a little stunned, and then I took out one of the brochures and asked him if he had left it at my desk. He said yes. ED TRENT: Did anything happen after that? LEONA WINSTON: Well after that, I reconsidered and realized that Martin was maybe asking me to lunch to talk about religion. I am pretty active in my own Church and I was genuinely interested in hearing more about the Church of Selective Resurrection, so I suggested maybe we could go to coffee on my afternoon break. ED TRENT: Did you go to coffee with Sergeant Ferguson? LEONA WINSTON: Yes, he came by in the afternoon, and we went to Starbucks and talked about religion the whole time. His church sounded really interesting, and I was not scared anymore. ED TRENT: So what happened after the two of you went to coffee? LEONA WINSTON: Well for awhile everything was fine. We went to coffee a couple of times, but then it started again. Martin kept pushing to take me to lunch or to go to dinner. He kept telling me that if I didn t do what he wanted, that he was going to tell Gordon to get rid of 19 EXHIBIT D

me. He threatened to make up bad stories about me, to get Gordon to fire me. I got more and more scared I could lose my job. ED TRENT: During all of this, did you ever confide in anyone about what was going on with Sergeant Ferguson? LEONA WINSTON: No I told you I don t trust anyone there. ED TRENT: Did you tell anyone outside of work what was going on with Sergeant Ferguson? LEONA WINSTON: No, I can t tell anyone what s going on. I know that if I tell anyone they are just going to think I am crazy. Now I know that nobody believes me, which is why I waited so long to even say anything to Gordon, but I finally reached my breaking point. ED TRENT: Did you end up going to lunch with Sergeant Ferguson? LEONA WINSTON: Yes, twice. I thought if I did what he wanted he would stop threatening me and my job. We just went to the local Olive Garden. ED TRENT: What happened at the lunches? LEONA WINSTON: He just kept going on and on about his Church. I actually started to enjoy some of what he was saying and his church seemed like maybe a good place, but he kept using his friendship with Gordon to intimidate and scare me into going to his church.. ED TRENT: Did you go to Church with Sergeant Ferguson? LEONA WINSTON: Yes. I ended up going to a prayer meeting with him. I liked it fine, and the people were nice, but this one lady was glaring at me the whole night, and when I asked Martin, he told me she was obsessed with him and to not pay attention to her. ED TRENT: Did the harassment and badgering subside after you went to church with Sergeant Ferguson? LEONA WINSTON: No it just got worse. He would send me emails all the time telling me I had to be saved and that he was worried for my eternal soul and concerned that I was going to hell if I didn t join the Church of Selective Resurrection. ED TRENT: Did he continue to threaten you? 20 EXHIBIT D

LEONA WINSTON: Yes. He told me if I told anyone about our lunches or anything, he d have Gordon fire me. ED TRENT: Did he say anything else threatening to you? LEONA WINSTON: It was less what he said and more how he said it. He was always in uniform intimidating me, and then when we went to dinner the one time, he showed me his gun in his glove compartment. ED TRENT: Did you interpret that as a threat against you? LEONA WINSTON: Yes! Here I am alone in a car with a man who is showing me a gun and I know he knows how to use it given his experience as a police officer. ED TRENT: Did Sergeant Ferguson make any other kinds of threats to you? LEONA WINSTON: Just always reminding me that he had an in with Gordon. He just kept telling me if I wanted to keep my job, I should just join his Church and keep my mouth shut. ED TRENT: Did you think if you told someone Sergeant Ferguson would physically come after you? LEONA WINSTON: Yes. I have felt threatened by Martin and by Gordon. I know they are in cahoots and that Gordon is under Martin s spell and would do anything he wanted him to just so they could stay friends. ED TRENT: Do you recall Gordon counseling you about your behavior in the office at some point? LEONA WINSTON: Of course I remember that. It s part of the cover-up Martin and Gordon cooked up to get me fired. I was acting depressed because of Martin s behavior and then Gordon blew it all out of proportion and made it into a disciplinary issue. ED TRENT: Have you ever been rude to co-workers or acted irritably at work? LEONA WINSTON: Who hasn t? But you have to understand that some of these co-workers who are now complaining about me are the same ones that badgered me by insinuating that I was in a relationship with Martin and that I was going to become his slave because that s what his 21 EXHIBIT D

Church teaches that woman are. That s the part of the story that Martin and Gordon are not telling you. 22 EXHIBIT D

EXHIBIT E: INVESTIGATION EXCERPTS: EXCERPT OF INTERVIEW WITH MARTIN FERGUSON ED TRENT: My name is Ed Trent and I m an independent investigator. I m conducting an investigation for the City of Pleasant Gardens into a complaint brought by Leona Winston. Can you please state your name and spell your last name? MARTIN FERGUSON: Martin Ferguson. F-E-R-G-U-S-O-N. ED TRENT: And can you tell me how long you ve been employed by the City? MARTIN FERGUSON: A little more than 10 years. ED TRENT: What s your current position? MARTIN FERGUSON: I m a sergeant in the Pleasant Gardens Police Department. ED TRENT: How long have you been a sergeant? MARTIN FERGUSON: About 4 years. ED TRENT: I m tape recording this interview and have already advised you of your POBR rights, is that correct? MARTIN FERGUSON: Yes. ED TRENT: You are the subject of this interview. You received notice from the City that you had a right to have a representative here today. Is that correct? MARTIN FERGUSON: Yes. ED TRENT: But you have not brought one today. Is that correct? MARTIN FERGUSON: Yes. ED TRENT: Are you prepared to move forward without one? MARTIN FERGUSON: Yes. ED TRENT: The complaint brought forward by Leona Winston claims that you intimidated her, harassed her into going to lunch and dinner with you, and threatened to have her terminated 231342.1 23 EXHIBIT E

if she refused to comply. So I ll be asking you questions about your interactions with her. Okay? MARTIN FERGUSON: Okay. ED TRENT: Do you know Leona Winston? MARTIN FERGUSON: I do. ED TRENT: And how do you know her? MARTIN FERGUSON: She works in the Office of Transportation Management, and I would often talk to her on my way to my regular meetings with Gordon Nelson. We ve discussed religion over coffee or lunch a few times, and she s been to my church. ED TRENT: And how would you describe your relationship? MARTIN FERGUSON: Well, she s a work friend. She was always interested when I talked about my church, the Church of the Selective Resurrection, so we talked about religion often. ED TRENT: Do you know Gordon Nelson? MARTIN FERGUSON: Yes, very well. ED TRENT: How do you know him? MARTIN FERGUSON: We ve been friends for many years, since before he started working at the Office of Transportation Management. We came to know each other through various city functions early in our careers and became good golfing buddies. Eventually we started going on hunting and fishing trips with other City employees, too. Since he started working in the Office of Transportation Management, I visit his office regularly for a biweekly meeting. ED TRENT: Would you say you re good friends with Gordon? MARTIN FERGUSON: Absolutely; that s definitely no secret. I m very blessed to be able to have a colleague that is also a close friend. 231342.1 24 EXHIBIT E

ED TRENT: Going back to your interactions with Leona Winston, you said that you talked about religion often. Who would start those conversation? MARTIN FERGUSON: In the beginning, I would. I often bear witness to the ways that religion touches my life, and I m always happy to share my faith with others so that they may have the opportunity to know His love. I believe one of the most important things I can do is to save others. Leona said she was Christian and was always seemed sincerely interested in talking about the Lord and my church. ED TRENT: Your church is the Church of the Selective Resurrection. Is that correct? MARTIN FERGUSON: Yes, that s correct. ED TRENT: Where did you have these conversations? MARTIN FERGUSON: Usually out of the office over lunch or coffee when she was taking a break. She also came to an evening prayer meeting at my church. ED TRENT: Did you ever have these conversations in the office? MARTIN FERGUSON: Sometimes, though they re often not conversations about religion. Sometimes during chit chat with colleagues and work friends I mention how the Lord is intervening in my life that day. I never got the sense that Leona thought anything unusual about those remarks. ED TRENT: Have you ever asked Leona to lunch or coffee? MARTIN FERGUSON: Sure, since her desk was next to Gordon s office, I would chat with her for a little bit and would sometimes ask her if she wanted to get lunch or coffee if she was about to go on a break. It always seemed like a friendly thing to do. ED TRENT: Did she ever say no? MARTIN FERGUSON: Of course, sometimes she was busy or brought her lunch. She said yes a few times, though. ED TRENT: Have you ever asked Leona to dinner? 231342.1 25 EXHIBIT E

MARTIN FERGUSON: I don t recall. It s possible I asked her a few times if I was stopping through her office in the afternoon, or maybe when we went to the evening prayer meeting. ED TRENT: Did you ask her to go to the evening prayer meeting? MARTIN FERGUSON: Actually, she asked if she could come. She seemed interested whenever I talked about the Church of the Selective Resurrection. I think she was interested in joining a new church and I felt blessed that she was so inspired by my witness that she wanted to come visit my church. She seemed to really like it there, too. That night, she told other church members that she found it a peaceful and uplifting experience. She appeared very relaxed and at home that night. ED TRENT: Do you remember the names of the church members she spoke to? MARTIN FERGUSON: I don t recall everyone she talked to, but I believe she talked to Reverend Mark Jones and possibly Sarah Wetzel. ED TRENT: Did you ever ask Leona back to a prayer meeting at your church? MARTIN FERGUSON: No. It was a slightly awkward situation for me. Someone else at the church who is a sort of a girlfriend didn t take to Leona. She said Leona seemed weird and tried to dominate my attention. ED TRENT: What was this sort of girlfriend s name? MARTIN FERGUSON: Carla Romero. ED TRENT: Did anything happen after Carla told this to you? MARTIN FERGUSON: Well, it was awkward because Leona seemed really pleased to be in our congregation, but I tried to mention in passing to Leona that she might enjoy visiting another one of the Selective Resurrection communities, too. ED TRENT: Do you ever send work emails expressing your religious beliefs? 231342.1 26 EXHIBIT E

MARTIN FERGUSON: Well, I express my religious beliefs often, and sometimes I write about them through email, but really only to friends at work. ED TRENT: Have you ever told any City employees to be saved? MARTIN FERGUSON: Actually, I just use the phrase Be Saved at the very end of all of my emails. It s a part of my email signature; I don t really think about it. But, I m always glad if it inspires someone to talk to me about their interest in the church. ED TRENT: Have you ever harassed Leona to go to lunch or dinner with you? MARTIN FERGUSON: Absolutely not. She didn t seem to have a problem with saying yes or no to go get coffee or lunch depending on what she felt like. I never pressured her to go. ED TRENT: Have you ever harassed Leona to go to church with you? MARTIN FERGUSON: As I said before, Leona is the one who asked to come to the prayer night at my church. I m always happy when people are interested in the Lord and coming into the fold in my church, but I ve never forced Leona to come. ED TRENT: Have you ever threatened to have Leona terminated? MARTIN FERGUSON: No, never. I wouldn t do that. ED TRENT: Have you ever shown Leona your service gun? MARTIN FERGUSON: Sure, I wear it in the holster on my belt. I m always in uniform at work so everyone sees my service gun. ED TRENT: Have you ever threatened her with your service gun? MARTIN FERGUSON: No. 231342.1 27 EXHIBIT E

EXHIBIT F: INVESTIGATION EXCERPTS: FACEBOOK PAGE MARTIN FERGUSON 231342.1 28 EXHIBIT F

EXHIBIT G: INVESTIGATION EXCERPTS: COMPILATION OF FERGUSON BLOG MESSAGES Real men rule over women. Period. This comes from the Bible. Genesis 3:16 Unto the woman he said, I will greatly multiply thy sorrow and thy conception; in sorrow thou shalt bring forth children; and thy desire shall be to thy husband, and he shall rule over thee. When He sends Elijah before His return, he will turn the hearts of the children to the FATHERS and the FATHERS to the children. Mothers are not mentioned! How s that for patriarchal? You may moralize or philosophize all you want about how real men should allow women to rule over them in our sinful society, but you may not controvert or deny the word of God. REAL MEN RULE OVER WOMEN! 231342.1 29 EXHIBIT G

EXHIBIT H: INVESTIGATION EXCERPTS: EMAILS FROM FERGUSON TO WINSTON Martin Ferguson From: Sent: To: Subject: Martin Ferguson (mferguson@pleasantgardens.ca.gov) Wednesday January 13, 2010 4:30 PM Leona Winston Coffee Leona- I am very sorry that you cannot join me for coffee. I would like to tell you more about my church, and work makes it almost impossible to tell you all of the benefits that come from being a member of the Church of Selective Resurrection. Please reconsider joining me someday for lunch or dinner so that we can talk more about my mission. I will be praying for you in the meantime. Be Saved- Martin Martin Ferguson From: Sent: To: Subject: Martin Ferguson (mferguson@pleasantgardens.ca.gov) Monday February 15, 2010 6:30 AM Leona Winston Saturday Leona- Come and be saved! Put next Saturday on your calendar, my church is hosting an open house/fair, and it s a great chance to learn more about what we are all about! Be Saved - Martin Martin Ferguson From: Martin Ferguson (mferguson@pleasantgardens.ca.gov) 30 EXHIBIT H

Sent: To: Subject: Wednesday June 9, 2010 10:19AM Leona Winston Worried About You Leona- I m very distressed that you claim that I was harassing you. I learned from Gordon indirectly that you were saying crazy things about me. I m not harassing you and never have. You keep asking me about the church and I m just trying to give you information. Gordon and I are not out to get you, I am worried there s something more going on with you, is there anything that I can do to help you? I m still here to guide you on the right path. Be Saved - Martin 31 EXHIBIT H

EXHIBIT I: INVESTIGATION EXCERPTS SUMMARY OF FINDINGS INTRODUCTION The City of Pleasant Gardens (City) retained me, Ed Trent (Investigator), to conduct an independent investigation into allegations of harassment towards Office of Transportation Management employee Leona Winston. The allegation was that Martin Ferguson, a Sergeant in the City s Police Department had been threatening and intimidating Winston into going to lunch and dinner, and had been proselytizing his religious views. Ms. Winston alleged that Officer Ferguson had threatened to have her fired from her position if she told anyone about his conduct. ISSUES AND ALLEGATIONS The Investigator was retained to investigate allegations of harassment, intimidation, and religious discrimination against Police Sergeant Martin Ferguson. Winston is an Administrative Assistant III in the City of Pleasant Gardens Office of Transportation Management. She has been employed with the City for approximately ten years. She often has contact with Sergeant Ferguson, as he serves as the liaison for traffic enforcement with the Police Department. Winston alleges that Ferguson has engaged in a course of intimidation and threats to get her to go to lunch and dinner with him, as well as to coerce her into attending church with him. Winston alleges that Ferguson has threatened her job and has used intimidation to keep her from complaining to her immediate supervisor or anyone else about his conduct. Ferguson admits that he often discusses his faith and church with co-workers, including Winston. However, Ferguson alleges that it was Winston who asked him to attend an evening prayer meeting at his church. He denies ever having threatened or intimidated Winston. He states that his faith mandates that he bear witness to his faith and proselytize when he can. He also admits to posting many things to his Facebook and Twitter accounts, as well as in response to blog posts about his faith and beliefs. However, Ferguson claims that he understands that not everyone shares his views, and he is careful to respect the wishes and religious beliefs of others. The following is a key to the terminology used in reaching findings: SUSTAINED: The alleged conduct is found to have occurred. NOT SUSTAINED: There is insufficient evidence to determine that the alleged conduct occurred. UNFOUNDED: The investigation established that the alleged conduct is untrue. STANDARD OF PROOF In weighing the evidence, the general civil standard of proof was applied. An incident was going to have occurred if the preponderance of the evidence obtained during the investigation 32 EXHIBIT I

supported that conclusion. That is, it was more likely than not that the event happened. In reaching these determinations, it is critical that the information is both reliable and susceptible of proof. In other words, no action can be taken based on evidence that cannot subsequently be proved. Credibility resolutions were made where appropriate in evaluating the evidence. SUMMARY OF FINDINGS The Investigator has been asked to assess whether the alleged conduct occurred. As explained more fully below, the Investigator makes the following findings on the specific allegations: Allegations that Sergeant Ferguson threatened Leona Winston are NOT SUSTAINED. Allegations that Sergeant Ferguson threatened to have Leona Winston terminated from her position are NOT SUSTAINED. Allegations that Leona Winston willingly attended a prayer group meeting with Sergeant Ferguson at the Church of Selective Resurrection are SUSTAINED. Allegations that Leona Winston voluntarily agreed to attend lunch and dinner with Sergeant Ferguson are SUSTAINED. Allegations that Sergeant Ferguson harassed Leona Winston in any way are NOT SUSTAINED. SUMMARY OF INTERVIEWS 1. Leona Winston Leona Winston is a current employee of the City of Pleasant Gardens. She works as an Administrative Assistant III in the Office of Transportation Management. Her DOB is 7/2/1974. She has been employed with the City of Pleasant Gardens since 2000. Her current immediate supervisor is Gordon Nelson, Director of the Office of Transportation. Prior to Mr. Nelson becoming Ms. Winston s supervisor, she received a series of satisfactory reviews and has not been reviewed since Mr. Nelson has taken over as Director. Leona knows Martin Ferguson because, over the last two years, he often comes into the department to meet with Mr. Nelson regarding traffic enforcement. Often when Mr. Ferguson comes through the department, he stops at Ms. Winston s desk and engages in small talk. He has asked Ms. Winston out to coffee and lunch on numerous occasions. Ms. Winston did not believe there was anything romantic linked to the invitations, so she did have coffee with Mr. Ferguson on two occasions, lunch on one occasion, and dinner on one occasion. At all of their off-site interactions Mr. Ferguson spoke almost exclusively about his faith and membership in the Church of Selective Resurrection. Ms. Winston admitted attending a Wednesday evening prayer meeting with Mr. Ferguson. However, she only attended a meeting with him once. During the course of the interview, Ms. Winston appeared to grow increasingly agitated and at times appeared to be suffering from mild paranoia regarding Mr. Ferguson and potential conspiracies between him and Mr. Nelson. 33 EXHIBIT I