CITY OF SACRAMENTO CLAIM FORM READ INSTRUCTIONS ON OTHER SIDE FIRST#*** *68PLEAS! CT bate of Birth: yin TT yc sent Polige Report # N/A Typeof Loss: __ Personal Injury XX Other Sexual Ii _Property Damage __Indemnity-Date complaint served When did injury or damage occur? Auzust 2013 to present Where did the injury or damage occur? (Sree addres ersecing streets or ater lection) Vato How did the injury or damage occur? (Descnbe acien’ or occwrence) See Addendum I attached hereto, What action or inaction of City employee(s) caused your injury or damage? See Addendum 2 attached What injury or damage did you suffer? Severe and extended physical, mental and emotional distress, medical expenses, Jost wages, benefits, and additional out of pocket loss, Name of any witnesses: Geri Hamby — telephone number (916) 808-7173; Alisa Johnson, 915 1 Street, Floor, Sacramento, CA (916) 808-7002. [Name of City employee(s) involved? Allen Warren, Vice Mayor, Stephanie Mizuno, Operations Manager. Claim: Personal Injury $ Property Damage $ Other $ Amount of Site te amount of your cai the tel amount is $10,000.00 o se. If ti oer $100.0, no dear amount hal be sted ut you are required io sate whether the lan would bea United ci case (tal amount of lain does no exceed $25,000.00) ALL NOTICES AND/OR COMMUNICATIONS SHOULD BE SENT TO: Name: Ralph C. Lee, Bsq,, al Beyer, Pongratz & Rosen Daytime Phone: 916.368 Address: (Set Ci, Ste, Zip) 3230. 10, CAS ‘Warning: Its unlawful o knowingly present or cause to be presented any false or fraudulent claim For ‘payment of a loss or injury (P.C:550(a)). Every person who violates this paragraph is guilty of «felony ;Punishable by imprisonment in state prison for two, three or five years and by a fine not exceeding fifty {thousand dollars ($50,000) (P.C.580(¢\t). Signature: bi We Relationship Atomey Date: | 2015 self 3 Circle, SaADDENDUM 1 TO CITY OF SACRAMENTO CLAIM (CHACON) Starting on or about August 26, 2013 through on or about June 8, 2015, Vice Mayor of ‘Sacramento, Allen Warren, ("Warren"), used his supervisory authority over Delia Chacon, Chacon’), to repeatedly coerce her into submission this repeated sexual requests. Ms. Chacon submitted to Mr, Warren's sexual demands including, without limitation, allowing him to grab and fondle her buttocks at work, meeting him for sex at her home during ordinary wotk hours, and accompanying him on sexual escapades to Atlanta, Jamaica, Reno, and Oroville ‘When she stopped complying, thea Me, Warten and the City terminated her City Employment. ‘These acts of sexual harassment constituted pattern of quid pro quo sexual harassment and created a sexually hostile wrk environment for Ms. Chacon in her job with the City of Sacramento, (“City” or “Sacramento”) uring this period, on several occasions, Ms. Chacon attempted to stop providing Mr, Warren with sexual favors. But Mr, Warren repeatedly coerced her to continue providing sexual favors, using threats of, among other things termination of her City employment. ACall times, Ms. ‘Chacon was a single mother who could not afford to be unemployed, (On one eecasion shortly after Mr, Warren started sexually harassing Ms. Chacon, he asked her to accompany him on a drive. Ms, Chacon lad no idea where he would take her. Eventually, he sid fe was taking her fo one of his properties that hardly anyone knew about. He stopped to buy ‘wine and condoms, He proceeded toa cabin in the woods around Oroville. When they arrived at the cabin, Mr. Warren displayed shotguns, He proceeded to use the shotguns for target practice while Ms. Chacon watched fearfully. She told him the guns frightened her, and he laughed at her, She feared for her life. They proceeded to have relations. He told er that a that cabin be could have done anything to her without anyone knowing ‘Ms. Chacon suffered greatly fom his sexual harassment that caused her, among other things, severe metal and emotional distress including anxiety, depression, and PTSD. These constituted a mental disability, record ofa disability, and perceived disability protectable by law. Eventually, on or about early May 2015, Ms. Chacon could take no more, so she attempted 10 ‘complain t the Cty about Mr. Warren's sexual harassment. AF that time, she went to Stephanie Mizuno, ("Mizuno"), Assistant City Clerk or Operations Manager atthe Cty of Sacramento, and set an appointment ( report what Mr. Warren was doing to her. However, prior to disclosing the Substance of her complaint, she asked MS, Mizuno if her complaint could be confidential fom ‘Mr, Warren, Ms. Mizuno answered that she could not guarantee confidentiality of Ms. Chacon’s ‘complaint, and that, in fact, she may be required to report it to Mr. Warren. Therefore, at that time, Ms, Chacon efused to give any specifies about what she was suffering because Ms ‘Chacon feared retaliation. ‘On about May 7, 2015, Ms, Chacon took medical leave for work stress. Ms. Chacon resolved to refuse all of Mr. Warren's fature sexual advances regardless of any feared consequences.(On or about the night of May 15, 2015, Ms. Chacon sent a text message to Me. Warren that she was no longer going to submit to his sexual advances. The next moming, Mr. Warren sent Ms. ‘Chacon a text message response that threatened to terminate her. He also threatened to deny all, accusations that she might make. A few weeks later, he made her understand he would not terminate her if she would resume submitting o is Sexual advances, Ms. Chacon refused these further sexual advances. (On June 8, 2015, Ms. Chacon refused Mr. Warren's request that she work on non-City-related work during her normal working hours with the City. This was part of a pattem of Mr, Warren who often requested his staff work on projects for his personal business, New Faze, during City time, while being paid by the City, and Mr, Warren himself often failed to appear for work for the City on Mondays and Fridays. Ms, Chacon’ refusal to work on this project constituted ‘opposition to misuse of public funds, and retaliation for such conduc is illegal under Labor Code section 11025. (On or about June 8, 2015, Mr. Warren threatened to terminate her employment in ninety days if she did not transferor otherwise leave her job voluntarily. Atte same time, he threatened her with wild and pretextual accusations as his purported basis for hs termination threats; Le, he threttened to falsely report tothe City’s HR, among other things, that she purportedly led to the City about her college degre. Indeed, Ms. Chacon attempted to find another job within ninety days pursuant to Mr. Warren’s threat. ‘She reasonably believed she would not be terminated before ninety days, but would be given the opportunity o find another job frst if she did not compli about the sexual harassment (On and about June 17, 2015, Ms. Chacon had several communications with Ms. Mizuno about a hostile work environment and transferring to another job within the ity, although Ms. Chacon never expressly stated that she was suffering sexual harassment. During these communications, including in an email on that dat, she complained that Mr. Warren was attacking her arbitrarily ‘and illegally. During these communications, she also complained that she was suffering from a ‘mental disability caused by Mr. Warren's harassment. Ms. Mizuno advised her to apply for workers’ compensation for work stress. Sacramento made no reasonable atempt co investigate her complaint, accommodate her disability or engage in any good faith interactive process. (Un or about June 23, 2013, Sacramento separated Ms. Chacon from her positon in Mr. Warren's olfice and threatened to terminate Ms. Chacon ifby July 14, 015, she did not agree to resign pursuant (oa settlement agreement, In the settlement agreement, the City offered Ms. Chacon about sixteen thousand dollars, ($16,000), if she gave the City and its agents a full releaseOn or about July 10, 2015, Ms. Chacon sent the City a complaint reporting, among other things, that Mr. Warren had and was continuing to sexually harassing her. Her complaint also explained that the City's threat to terminate her was merely its execution of Mr. Warren's retribution ‘against her for reusing to submit his further sexual harassment. In other words, the City, by its threat to terminate her, would be to use its official processes asthe instrumentality of Vice “Mayor, Allen Warren, to farther his sexual harassment of Ms. Chacon. The City uterly failed to respond to Ms, Chacon’s sexual harassment complaint, except to state that it had already terminated her as of June 23, 2015, and that it did not know what other “response” it could give Ms. Chacon regarding her sexual harassment complaint. Ms. Chacon would have expected assurance thatthe City woul take reasonable action toward her complaints including, without limitation, to return Ms. Chacon (oa position with the City free of sexwal harassment and to investigate ber allegations, and if her claims were substantiated, provide «damages including back pay. If tis true that the City terminated her on June 23, 2015, then the City blindsided Ms, Chacon With termination without waming or any discussion after Mr. Warren promised her ninety days to find another job. Ms. Chacon absolutely would have complained in fll prior to her termination if not for Mr. Warren's threat and offer, Bua, Ms, Chacon reasonably relied on Mr. Warren's assurance that she had ninety days to try to find another job before she would be fired ‘She did not complain before she found another job because she was in the process of tying to leunsfer to another postion within the City, Mf. Waren and others in the City made her believe transfer during that time period was possible, She feared tha if she complained, she might be immediately fred, or that it would negatively affect her ability to transfer. Mr. Warren already stated he would deny any and all of her accusations. ‘The City has sill uiled to respond to Ms. Chacon’s complaints. But rather, on or about June 23, 2015, continued with the termination of Ms. Chacon’s employment, or ratification thereof. It thereby used its official process as instrumentality to wrongfully and illegally ratify, and aid and abet, Me, Warren's sexual harassment of Ms. Chacon. It also constituted retaliation for her ‘complaints regarding her issues with Me. Warren to Ms, Mizumo and others including Director ‘of HR - Geri Hamby, Director of Constituent Affairs - Helen Hewit, and Senior Advisor to Mayor Kevin Jonson - Cassandra Jennings, informing them of issues. It also constituted retaliation for her refusal to work on non-City-rlated work during work hours. I also ‘constituted discrimination based on sex and disability, failure to accommodate, and failure to ‘eae i the iterative process {In addition to those named above, other witnesses include Alisa Johnson, Executive Assistant to Mr, Warren; Daniel Savala, Field Representative to Me. Warten; Andrea San Miguel, former Social Assistant to Mr. Warren; Rick Jennings.ADDENDUM 2 TO CITY OF SACRAMENTO CLAIM (CHACON) ‘See Addendum 1, atached hereto. Said conduct represents sexual harassment an discrimination by allen Wareen atibutable o the City under Government Code sections 815.2 and 820. Violation of Civil Code section 52.1; violations ofthe Fourteenth Amendment of the US. Constitution and the California Constitution; of Title VI of the Civil Rights Act of 1964, 42 USC. section 2000 et seq, of Title Tof the Civil Rights Act of 1964, 42 U.S.C. section 1981(a); of the California Fair Employment and Housing Act, Government Code sections 12940 et seq, inchuding, without limitation, failure to prevent sexual harassment, aiding and abetting, (§12940(g)), and failure to maintain an environment free of harassment, (§12940()), sexual harassment (hostile work environment and quid pro quo), conspiracy to violate civil rights, (42 U.S.C. 1985), 42 U.S.C. 1983 (including Monell Claims); of Labor Code 1102.5; ex discrimination, disability discrimination, failure to accommodate a disability, failure to engage in the interaetive process, assault ($240), battery (Penal Code $242), sexual battery, (Civil Code {§1708.5), intentional infliction of emotional distress.