3450 N. Triumph Blvd., Suite 102 spencer@employer-lawyer.

com
Lehi, UT 84043 801.874.4964

INVESTIGATION REPORT
March 26, 2018

I. Investigator(s):
Spencer Phillips, Independent Investigator and Workplace Attorney

Complainants:
Rachel Wright, Former Grantsville City Recorder
Shauna Kertamus, Former Front Desk Clerk, Zoning/Admin.
Laurie Hurst, Grantsville City Resident
Susan Johnsen, Grantsville City Resident

Neil Critchlow, Grantsville City Council Member

Respondent:
Brent Marshall, Grantsville City Mayor

Additional Witnesses Interviewed:

Shawn Milne, Tooele County Commissioner

Eric Johnsen, Grantsville City Resident

18 Additional Witnesses Interviewed –
Names have been withheld to preserve confidentiality.

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 Evidence Considered:
Grantsville City Policies and Procedures Manual
Witness statements made during interviews
Article: “This Utah mayor aggressively pushes, grabs and yells to get his way,
according to 6 people who’ve worked with him,” Salt Lake Tribune, Taylor Stevens
(January 19, 2018)
Article: “Grantsville mayor accused of fostering hostile work environment,” Deseret
News, Katie McKellar (January 22, 2018)

Investigation Authorized by: Grantsville City Council, February 8, 2018

II. Introduction/Background Information

On January 19, 2018, the Salt Lake Tribune printed an article in which six individuals alleged
Mayor Brent Marshall treated them (or others) with physical and verbal aggression. A copy
of this newspaper article is attached hereto as Exhibit A.

The individuals and allegations cited in the Salt Lake Tribune article are as follows:

Rachel Wright: Ms. Wright alleged that Mayor Marshall’s “physical and verbal aggression
and workplace harassment…ultimately led her to leave her job.” Ms. Wright alleged that
Mayor Marshall screamed at her in his office, that employees “across the hall” could hear him
screaming at her, and that when she got up to leave his office Mayor Marshall “grabbed my
shoulders and he pushed me…into one of the chairs and told me that I wasn’t leaving.”

Susan Johnsen: Ms. Johnsen alleged that Mayor Marshall “draped his arms across her
shoulders, with his elbows pointing down into her shoulders and his hands pointing straight
up.” Ms. Johnsen alleged Mayor Marshall’s “manner [was] intimidating” and that “he stands
too close, he yells in your face on top of you when you’re trying to make a point…it’s just,
you know, that kind of boorish behavior.”

Laurie Hurst: Ms. Hurst alleged that she experienced a similar interaction with Mayor
Marshall as described by Ms. Johnsen, but the article provides no further details.

Shauna Kertamus: Ms. Kertamus alleged Mayor Marshall’s “intimidation tactics and
aggressive behavior” caused her to quit her job as Grantsville City Zoning and Planning
Administrator. Ms. Kertamus alleged Mayor Marshall “demeaned” her and that he
“absolutely had no respect for me or my position in the city.” Ms. Kertamus alleged Mayor
Marshall called her into the Mayor’s office and forced her to listen to an angry Grantsville
City resident on speakerphone. She further alleged that he restrained her wrists with a zip tie
and mockingly laughed at her. Ms. Kertamus also alleged that she heard Mayor Marshall
yelling at Ms. Wright while they were in an office on the other side of the building.

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 On January 22, 2018, the Deseret News printed an article in which the same six individuals
reported the same or substantially similar details as contained in the Salt Lake Tribune article.
A copy of this article is attached hereto as Exhibit B.

III. Investigator Selection and Investigation Process

On February 1, 2018, Grantsville City Attorney Brett Coombs

met with independent investigator and workplace attorney Spencer
Phillips to discuss the general scope of allegations against Mayor Marshall and to assess Mr.
Phillips’ ability and availability to conduct a prompt and thorough investigation into the
allegations.

Shortly thereafter, Grantsville City Attorney Brett Coombs notified and

of the investigation and were invited to meet face-to-face with
Mr. Phillips.

During the course of the investigation, Mr. Phillips reviewed the Grantsville City Policies and
Procedure Manual, conducted face-to-face or telephonic interviews with twenty-five (25)
witnesses, including Mayor Marshall,
and prepared this final investigation report.

IV. Relevant Policies and Procedures

The Personnel Policies and Procedures Manual for Grantsville City Corporation1 (hereinafter
the “Manual”) contains several policies relevant to this investigation, as described below:

INTRODUCTION: This one-page document is described as “a written guide for

management and staff…on various phases of the employer-employee relationship.” This
document states that all employees are “expected to read, understand, and follow the policies
and procedures contained in this manual” and bears the typewritten signature of “Mayor Brent
K. Marshal, Grantsville City Corporation.” A copy of this document, contained on Page 2 of
the Preface to the Manual, is attached hereto as Exhibit D.

EMPLOYEE CODE OF CONDUCT: PROFESSIONALISM: This policy states that

“employees must adhere to high standards of public service that emphasize professionalism
and courtesy…Maintain good moral conduct, and to do their part in maintaining good
relationships with their supervisors and fellow employees, the public, and other member
employees and officials.” A copy of this document, contained in Section VII(1) of the
Manual, is attached hereto as Exhibit E.

1 The Personnel Policies and Procedures Manual for Grantsville City Corporation provided to the
investigator for review is contained in a red, three-ring binder, and is copyrighted 1999 by Utah Local
Governments Trust. The Manual further indicates it was “Approved November 7, 2001” and
“Updated: July 15, 2011.”

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 CAUSES FOR DISCIPLINARY ACTION: This policy identifies various types of
workplace conduct that may be grounds for discipline, including “threatening, intimidating,
coercing, or interfering with fellow employees on the job, or the public at large.” A copy of
this document, contained in Section VIII(3)(A)(26) of the Manual, is attached hereto as
Exhibit F.

V. Standard of Proof

The evidentiary standard employed in this investigation is a “preponderance of the evidence,”

which standard is applicable to allegations of workplace harassment and other employment-
related misconduct.

VI. Witness Statements

A total of twenty-five (25) individuals were interviewed as part of this investigation.

and other individuals were invited to participate in face-to-face interviews
with the investigator at the Grantsville City Library on February 20-21, 2018. Witnesses who
were unable to meet at the library on those dates were interviewed by telephone conference.
During these interviews, I took notes of the questions asked and answers given, and instructed
all witnesses on the importance of maintaining confidentiality and avoiding and reporting
retaliation of any kind. I did not take audio recordings of the interviews nor request any
formal written statements from the witnesses.

Rachel Wright: On March 5, 2018, I conducted a telephone interview with Rachel Wright.
Ms. Wright stated she was employed with the City of Grantsville from 2006 until she quit her
position in December 2012. Her last position with the City was City Recorder.

In December 2012, Ms. Wright learned that Mayor Marshall signed a contract without
following proper procedure. She asked Mayor Marshall and he denied any wrongdoing. Ms.
Wright then contacted for guidance. Shortly
thereafter, Ms. Wright stated that Mayor Marshall entered her office, shut the door, and asked
if she had contacted about her suspicions of wrongdoing.
Ms. Wright confirmed that she had done so. Ms. Wright then recalled that Mayor Marshall
became very angry, accused her of throwing him under the bus, told her she was a horrible
person, and yelled at her “for a couple of hours, close to two hours.”

Shortly thereafter, the City Council placed the contract issue on the agenda. Following that
City Council meeting, Mayor Marshall again invited Ms. Wright into his office, shut the door,
and said, “We’re going to be discussing what all went down here.” Ms. Wright stood up from
the chair, stated that they had already discussed the issue, and attempted to leave the office.
Ms. Wright stated that Mayor Marshall put his arms on her shoulders, pushed her back down
into the chair and stated, “You are going to sit here and listen to me because I’m not going to
tolerate someone going behind my back and throwing me under the bus.” She recalled that
Mayor Marshall began yelling at her again and that his yelling lasted for “about an hour or
more” after which she returned to her office “shaking and crying.” She immediately called
and complained about Mayor
Marshall’s behavior.

Following this second confrontation, Ms. Wright stated that Mayor Marshall repeatedly
belittled her by giving her “lots of little projects, secretary-type stuff because he knew that

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bothered [her]” and that busywork would make it difficult for her to “get [her] more important
work done.” Ms. Wright further indicated during the investigation interview that she “always
felt that Mayor [Marshall] never recognized women or females as supervisors, he viewed us
only as secretaries.” Despite this belief, Ms. Wright confirmed that she never complained
about alleged gender harassment during the course of her employment with the City.

On December 28, 2012, Ms. Wright voluntarily resigned her position.

However, stated “there is no

documentation of any investigation by the city in response to Rachel’s resignation letter.”
He/She explained that he/she “checked for any corrective action or investigation but there was
nothing.”

Shauna Kertamus: On March 5, 2018, I conducted a telephone interview with Shauna

Kertamus. Ms. Kertamus worked for the City of Grantsville from 1994 to 2014, and served
in several different positions.

Ms. Kertamus stated that she personally experienced bullying and other inappropriate
behavior from Mayor Marshall. She recalled one incident in which Mayor Marshall walked
into her office holding zip-ties in his hands. When she asked the Mayor what they were for,
he grinned and told Ms. Kertamus to stand up and put her arms out. After she did so, Mayor
Marshall put a zip-tie around her wrist and started laughing out loud. Ms. Kertamus stated
that she immediately started feeling “terrible [and] claustrophobic” and asked the Mayor to
“Please take them off.” She then followed Mayor Marshall out of her office, across the
building, and to the Mayor’s office where he produced a pair of scissors and cut the zip-ties
off of Ms. Kertamus’ wrists.

On another occasion, Mayor Marshall asked Ms. Kertamus to visit his office. When she sat
down in his office, Mayor Marshall was on the telephone. He put his phone on “speaker”
mode so that Ms. Kertamus could hear the caller. The caller sounded very angry and began
berating Ms. Kertamus “using very foul language.” When Ms. Kertamus got up to leave the
office, she recalled that Mayor Marshall “grabbed [her] wrist and pointed at the chair for [her]
to sit back down.” She complied, and remained in the office until the Mayor resumed control
of the conversation with the caller.

Ms. Kertamus recalled another incident that occurred in December 2012. She explained that
her office at the City Hall building was on the opposite side of the building from the offices
of Mayor Marshall and Ms. Wright. She stated that she was sitting in her office when she
heard the Mayor yelling on the other side of the building, and that his yelling continued for at
least ten minutes. When the yelling stopped, Ms. Wright immediately came over to Ms.
Kertamus’ office and was visibly shaking. Ms. Wright told Ms. Kertamus that Mayor
Marshall was yelling at her because of a mistake he made in signing a contract. Ms. Wright
stated that she tried to leave Mayor Marshall’s office, but he pushed her back into a chair and
continued yelling at her.

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Laurie Hurst: On March 1, 2018, I conducted a telephone interview with Laurie Hurst. Ms.
Hurst was born and raised in the City of Grantsville, but she has never been employed by the
City.

Ms. Hurst stated that, in April 2013, she and Grantsville resident Susan Johnsen met with
Mayor Marshall at the Grantsville City Cemetery to discuss the City’s plan to expand the
cemetery and their concerns that such expansion would negatively impact historical buildings
in the area. Ms. Hurst recalled that Mayor Marshall initially “took offence” about an article
she had written for the Tooele Transcript objecting to the cemetery expansion. A copy of this
article is attached hereto as Exhibit H. She further explained that Mayor Marshall continued
to get louder and angrier, until he “with fists forward, slammed his forearms on my shoulders
as he leaned over me and yelled within inches of my face.” However, just “minutes after this
encounter, the Mayor calmed down and as we walked down the road, he forced his arm around
my shoulder like we were best friends.” Ms. Hurst also recalled that Mayor Marshall “got red
in the face and yell[ed] at us every time we met with him, no matter how calm and non-
confrontational we tried to be.”

Susan Johnsen: On February 21, 2018, I conducted a face-to-face interview with Susan
Johnsen. Ms. Johnsen is a resident of the City of Grantsville, and is currently serving as
Executive Director/President of the Clark Historic Farm.

Ms. Johnsen stated that she has interacted with Mayor Marshall on many occasions relating
to her involvement with the Clark Historic Farm and has found him to be consistently “rude
and a bully.” She recalled the incident from April 2013 when she witnessed Mayor Marshall
“put both of his elbows on Lauri’s shoulders” and explained that the Mayor was “in her face
[and] talking louder.” She further recalled that Mayor Marshall has “yelled at us in his office
[and] slammed papers” down on his desk. She stated that she had to tell the Mayor to “stop
shouting and yelling.” Because of the Mayor’s repeated problematic behavior and the way
he “makes people feel extremely uncomfortable,” Ms. Johnsen stated that she now refuses to
meet one-on-one with the Mayor. Instead of speaking directly with the Mayor, she will now
only raise concerns or issues in public city council meetings where there are witnesses present.

Ms. Johnsen also recalled an incident in 2015 when Mayor Marshall placed his arms on her
shoulders while visiting in his office. Ms. Johnsen stated that her husband walked in and said,
“Mayor, get your hands off my wife!” However, she stated that she does not “think [the
Mayor] intentionally tries to be intimidating, it may be more of an ignorance of appropriate
interpersonal interaction.”

: On March 2, 2018, I conducted a telephone interview with

On March 14, 2018, I conducted a follow-up telephone conference with

stated that Mayor Marshall has treated him in an abusive and demeaning
manner on numerous occasions.

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Neil Critchlow: On February 20, 2018, I conducted a face-to-face interview with Neil
Critchlow. Mr. Critchlow is a current member of the Grantsville City Council, and has
formerly served as a Fire Chief for the City of Grantsville.

Mr. Critchlow stated that he has worked with the Mayor for many years, and that he has
repeatedly observed the Mayor’s inability to control his temper, and his verbal and/or physical
aggression toward others when he is upset. Mr. Critchlow stated that, in addition to accounts
of the Mayor’s aggression shared with him by other individuals, he has also personally
experienced such misconduct by the Mayor. Specifically, he indicated that Mayor Marshall
has forcefully placed his arms or hands on Mr. Critchlow’s shoulders, told Mr. Critchlow how
he was supposed to vote on certain issues, and yelled at him on numerous occasions.

On March 2, 2018, I conducted a telephone interview with .

stated that Mayor Marshall and are

often at odds with each other during City Council meetings, with sharp and heated exchanges
happening with regularity. However, does not have any personal knowledge of
Mayor Marshall treating anyone else in an inappropriate manner.

recalled that Mayor Marshall made a mistake by signing a contract without

following certain procedures. When Mayor Marshall learned that Ms. Wright brought the
mistake to the City Council’s attention, the Mayor wanted to “change the City Recorder
position.” However, stated that the City Council “rallied to [Ms. Wright’s]
defense.” further recalled that Mayor Marshall “got emotional and offered to resign
in a contrite way

On March 19, 2018, I conducted a telephone interview with .

He
denied any personal knowledge of Mayor Marshall engaging in aggressive or other
inappropriate conduct toward others, either in the workplace or out of the workplace. He
confirmed that Mayor Marshall has placed his hands on his shoulders, but that
he never felt threatened in any way by the Mayor’s actions.

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 : On February 20, 2018, I conducted a face-to-face interview with

stated that she has a “history of working together” with Mayor Marshall, and that
she has often “been grateful that [the Mayor] is fighting for things that I believe in.” However,
she recalled several times when Mayor Marshall exhibited unwelcome behavior against her.

She explained
that she did feel “intimidated” by his behavior.

recalled another incident when Mayor Marshall was in her office “shouting at me.”
After the Mayor left, approached , explained that
he heard the Mayor’s shouting, and that he had cautioned the Mayor,
She was grateful for intervention, and stated that Mayor Marshall has
since “been more calm towards me.”

On February 20, 2018, I conducted a face-to-face interview with

stated that she has not had any experiences where Mayor Marshall treated her in
an inappropriate or aggressive manner. However, she confirmed that he has heard Mayor
Marshall “raise his voice at others” and that such behavior “puts everyone on edge."

stated that Mayor Marshall frequently engages in arguments with council member
to the point where she believed they were “argu[ing] just to be
argumentative.” She has also observed Mayor Marshall “not [being] very nice to
” and observed that the Mayor “just doesn’t have patience for
her.” also recalled the incident where Shauna Kertamus was in the Mayor’s office
listening to an angry resident on speaker-phone.
However, she did not hear or witness any
inappropriate behaviors by the Mayor against Ms. Kertamus during that incident.

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 On February 20, 2018, I conducted a face-to-face interview with

stated that he has not had any personal interactions with Mayor Marshall that have
caused him any concern. He described the Mayor as having “a lot of passion for what he
believes in” and believes the Mayor “is trying to do what is best for the City.” However,
acknowledged that “sometimes people interpret [the Mayor’s actions] as being a
bully,” including the Mayor’s tendency to “get close to personal space” or “use a loud voice.”

I conducted a face-to-face interview with on February 20,

2018, and a follow-up interview on March 16, 2018.

confirmed that he has personal knowledge of Mayor Marshall engaging in

behaviors that were inappropriate for the workplace. He shared several examples of such
behavior which are particularly relevant to this investigation. First, confirmed
that he personally heard Mayor Marshall yelling at Ms. Wright in December 2012. Second,
in early March 2018, observed Mayor Marshall “flipping the bird” at
while speaking with her on the phone.

states that Mayor Marshall simply does not respect others, and that he repeatedly
engages in behavior that blatantly demonstrates his lack of respect. believes
that if any other City employee engaged in the same behaviors as Mayor Marshall, that
employee would be terminated from employment.

On March 2, 2018, I conducted a telephone interview with

stated Mayor Marshall has “always treated [her] fairly” and, although he has
placed his hands on her shoulders during conversations, she felt the Mayor did so in a “very
non-threatening” manner. She denied witnessing any inappropriate conduct by Mayor
Marshall toward other individuals. She stated that Mayor Marshall told her
that she might be interviewed as part of this investigation, but denied that the Mayor
gave her any guidance or suggestions on what to share during her interview.

On February 20, 2018, I conducted a face-to-face interview with

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 stated that Mayor Marshall “does tend to get personal, but not in an
inappropriate way.” He explained that the Mayor “does get close to people” and “gets into
their personal space.” He also confirmed Mayor Marshall “could be boisterous if he’s upset
about something” and he has yelled or raised his voice behind closed doors. However,
denied experiencing or witnessing any behavior from the Mayor that he felt might
be “troubling.”

On February 20, 2018, I conducted a face-to-face interview with

stated that voluntarily presented himself for an interview as a “character witness”

for Mayor Marshall. He praised the Mayor’s ability to remain calm whenever “crude or crass
remarks were being made against him.” He stated, “I have never seen anyone be able to
respond in the positive way he did.”

: On March 14, 2018, I conducted a telephone interview with

stated that he has not read the newspaper articles relevant to this investigation, and
he is therefore unfamiliar with the allegations contained therein. He stated that he has a pretty
good “straight up” relationship with Mayor Marshall. However, confirmed that
he has personally witnessed or experienced the Mayor acting in a verbally or physically
aggressive manner.”

After this verbal confrontation, stated that Mayor Marshall apologized for
his behavior “because he knew that it was less than appropriate.”

Shawn Milne: On March 14, 2018, I conducted a telephone interview with Shawn Milne.
Mr. Milne is currently serving as a member of the Tooele County Commission.

Mr. Milne stated that he has personally observed and experienced numerous acts of “verbal
aggression and bullying” by Mayor Marshall and that he is concerned about the Mayor’s
“arrogance and flippancy.” He recalled an incident in January 2015 when Mayor Marshall
“barged in” to a meeting, stood over Mr. Milne, and put his finger in Mr. Milne’s face while
making unfounded accusations. Mr. Milne further explained that Mayor Marshall “is a close
talker” and that he “doesn’t observe personal space.” He also confirmed that he has “seen

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[the Mayor] put his hands on other ladies [shoulders]” and that he often assumes a “folksy,
small town” persona in an effort to excuse his behavior.

On March 14, 2018, I conducted a telephone interview with

stated that he has no personal knowledge of Mayor Marshall exhibiting inappropriate

behavior toward others in the workplace, including the allegations described in the newspaper
articles. However, he stated that he and Mayor Marshall often “butted heads,” causing both
of them to become upset.

confirmed that he knows and that he considers himself to be “good

friends” with

On February 27, 2018, I conducted a telephone interview with

recalled that he interacted with Mayor Marshall on a weekly basis, and denies that
Mayor Marshall ever treated him in a harassing or bullying manner. However,
confirmed that he did witness Mayor Marshall treating others in a harassing or bullying
manner. For example, he recalled that it was common for Mayor Marshall to lose his temper
in City Council meeting and “go red, raise his voice, [and] become demeaning to the person.”

On February 21, 2018, I conducted a face-to-face interview with

stated that she does not have any personal knowledge of Mayor Marshall engaging
in the specific allegations described in the newspaper articles.

However, also confirmed that Mayor Marshall “does have a tendency

to yell,” that he “liked to swear,” and that he was “sometimes out of line.”

On March 14, 2018, I conducted a telephone interview with

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 stated that he has “seen the Mayor yell at people,” but explained that, in his
estimation, the Mayor only yelled at people who “deserved to be yelled at.” He also stated
that the Mayor is “loud [and] aggressive” and described him as “an acquired taste.”

: On February 21, 2018, I conducted a face-to-face interview with

stated that Mayor Marshall “does get close to people” and he “is a touchy person”
who may “put his hands on your shoulder.” However, recalled only one incident
in which he heard Mayor Marshall yelling at another person. This occurred when a
disgruntled Grantsville resident came to the Mayor’s office and was yelling and was “using
the F-bomb.” stated that both he and the Mayor yelled at the man and got him
to quiet down.

Eric Johnsen: On February 21, 2018, I conducted a face-to-face interview with Eric Johnsen.
Mr. Johnsen is a resident of the City of Grantsville, and is married to Susan Johnsen.

Mr. Johnsen recalled an incident in or around January 2015 when his wife was visiting with
Mayor Marshall in the Mayor’s office. As Mr. Johnsen walked toward the Mayor’s office,
he saw the Mayor with both of his arms on Ms. Johnsen’s shoulders, and he was speaking to
her “face-to-face, almost nose-to-nose contact.” Mr. Johnsen angrily said, “Mayor, get your
hands off my wife.” The Mayor immediately complied. Mr. Johnsen recalled that the Mayor
“chuckled” after separating himself from Ms. Johnsen and “tried to make light of the issue.”

: On March 7, 2018, I conducted a telephone interview with who

agreed to participate only on conditions of anonymity.

stated that Mayor Marshall has difficulty controlling his temper

and does not listen to concerns. The also stated that s/he believes the
Mayor has also engaged in misconduct by refusing to hold an incompetent, high-level city
employee accountable for his/her poor performance and by seeking favorable treatment for
his personal friends.

VII. Respondent’s Statements

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 On February 21, 2018, I conducted a face-to-face interview with Mayor Brent Marshall. He
has served many years in the Grantsville Fire Department (including as Fire Chief), was
elected to the Grantsville City Council in 2006, and has been serving as the Mayor of
Grantsville since 2010. After interviewing additional witnesses, I conducted a follow-up
telephone interview with Mayor Marshall on March 16, 2018.

He stated that Ms. Wright was “yelling at me”

and admits only that he “might have raised [his] voice, but [he] didn’t yell.” When Ms. Wright
attempted to get up from the chair and leave the Mayor’s office, he admits that he “put [his]
hands on her shoulders, told her ‘We’re not done’ and she sat back down in the chair.” Mayor
Marshall stated, “I didn’t push her back into the chair, I was trying to get her to sit down and
keep talking about the issue with me.” When asked whether he felt his actions toward Ms.
Wright were appropriate, he replied, “I probably shouldn’t have touched her, but I’ve been
that way all my life.”

Mayor Marshall recalled the incident with Shauna Kertamus, which he believes occurred
approximately six years ago. The Mayor admitted that he did put a Zip Tie handcuffs around
Ms. Kertamus wrists, but insisted that “it was all in fun, she wanted it done.” He also stated
that Ms. Kertamus “laughed about it when the Zip Ties were on” and he “didn’t recall if she
said anything about not appreciating what I did.”

Mayor Marshall admitted that he did place his arms on Susan Johnsen’s shoulders while
speaking to her in the Mayor’s office, and that he removed his arms when Eric Johnsen told
him to do so. Mayor Marshall commented, “I am a touchy person, but I didn’t realize that
was offensive to a lot of people.” He explained that part of his “touchy” manner is to give
out hugs to senior citizens and “numerous other people that come through City Hall.” At that
precise moment in the interview, an elderly woman (member of the Library Board and
Grantsville City Resident) walked past the glass wall of the interview room. Mayor Marshall
waved at her and opened the door. The woman entered, made a brief “I didn’t do it!” joke,
and then gave the Mayor a hug before leaving the room.

Mayor Marshall stated that he did not recall ever putting his hands forcefully on
shoulders and However, he again
asserted that when he puts his hands or arms on another person’s shoulders, “it is only a way
of making an acknowledgment with the person.”

Finally, Mayor Marshall stated that he does not remember ever yelling at Rachel Wright.
However, he explained that he does “have a loud voice” because he “worked in an industrial
plant for thirty-six years [and] had to learn about how to make [his] voice carry.”

VIII. Credibility Assessments

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IX. Allegations and Conclusions

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X. Conclusion

Respectfully submitted,

__________________________________ Date: ________________

Spencer Phillips, Independent Investigator
801-874-4964

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