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Council Authorizes Secret
Settlement of Sexual Harassment Lawsuit February 17, 2004 |
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From September 2002 to May 2003, when Richmond City Jailer Shelley Miyuki Tolliver was allegedly sexually harassed by former Police Department executive Armand Mulder and complained to her superiors, she was apparently shocked that her harasser was allowed to continue to share her workspace, continue as her boss and continue to harass her. Mulder, who lives in San Ramon, was brought to Richmond from Oakland by former Police Chief Joseph Samuels, Jr. Ultimately, Mulder was forced to leave the Police Department. According to a January 28, 2004, article in the West County Times, “Armand Mulder, Samuels' top civilian aide, retired in April [2003] under the cloud of a sexual harassment complaint. Samuels did not discipline Mulder for months after the complaint and, when the City Council investigated and ordered Samuels to fire him, he did not.” In January of 2004, the City Council, in executive session, authorized a settlement with Ms. Tolliver for $100,000 to end a lawsuit filed against the City of Richmond in the United States District Court for the Northern District of California (Case No. C03-4525JL). On February 6, 2004, the agreement was signed by both parties. The lawsuit, citing violation of civil rights and emotional distress, alleged that the City was negligent in not properly handling the sexual harassment complaint. It is particularly troubling in these times of reduced library hours, firefighter layoffs and other reductions in City services that $100,000 is paid to cover for the illegal acts of an incompetent City employee.That, however, is just the tip of the iceberg. The City of Richmond pays out hundreds of thousands of dollars – sometimes millions - annually to settle claims and lawsuits that result from the illegal, negligent and just plain stupid acts or omissions of City employees. All of these are approved by the City Council in secret meetings, and none are reported voluntarily to the public, although the Brown Act makes their disclosure public information. What is even worse is that none of the employees responsible for these considerable losses is ever made accountable. The full impact is absorbed by the taxpayers, and the pattern continues. It’s not that a person like Mulder couldn’t pay for it. Check out his resume from 2002:
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