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This is an expanded version of a story that appeared in print.
While the city said the public was not entitled to learn the outcome of an investigation into allegations of harassment and a toxic workplace environment in its gymnastics program, a letter from Menlo Park City Manager Alex McIntyre to the former employee who made the accusations sheds some light.
The Almanac was able to read a copy of the letter, dated May 24, which reminds Michelle Sutton, the popular gymnastics instructor whose abrupt firing lies at the heart of the uproar, that she had been an at-will, temporary and part-time employee who could, therefore, be terminated at any point.
The letter says the investigator, after interviewing 18 people, concluded the instructor had not been illegally harassed or fired in retaliation for trying to file a complaint about her supervisor.
Without naming anyone, Mr. McIntyre’s letter acknowledges that at times, certain supervisors and employees interacted inappropriately with Ms. Sutton. He wrote that the city would address those incidents confidentially.
Nevertheless, her termination, while handled in a manner that “may have been unpleasant,” was appropriate, the letter says.
Community Services Director Cherise Brandell told the Almanac that the staff involved in the inappropriate behavior have been counseled
As for steps taken to improve the work environment within the program, she said, “As we have done for several years, the gymnastics team receives ongoing training and development. The city manager has also made himself available to the team.”
Ms. Sutton, when asked about the letter, seemed to be taking its contents in stride. “I’m confident that a resolution is forthcoming,” she said on July 5.
The exact nature of that resolution remains to be seen. It does not appear to include returning to Menlo Park to teach; the instructor said she’s greatly enjoying her new position and expanded hours at Gold Star Gymnastics in Mountain View.
A complaint Ms. Sutton filed in May with the California Department of Fair Employment and Housing (DFEH) continues working its way through the system. A DFEH spokesperson said that its investigation could take nine to 12 months.
The week before she was fired, the instructor had asked the city’s human resources department and union representatives about filing a harassment complaint against supervisor Karen Mihalek. Ms. Sutton was then terminated on Feb. 12.
She said she was told that a parent’s complaint led to her termination. The complaint, emailed publicly to program management and to the City Council on Jan. 30, described the instructor as unprofessional in how she had asked the parent to step away during a child-only class.
The Almanac found no documentation of reprimands or other performance issues in her personnel file. Since Ms. Sutton was an at-will employee, however, Menlo Park isn’t required by law to document disciplinary actions, although employers often do as a safeguard.
Fellow instructor Chris Ortez quit in protest over her firing and later told the city manager and the council that Ms. Mihalek held “none-too-discreet contempt” for Ms. Sutton and reportedly had a history of complaints filed by at least two female staff members.
Mr. McIntyre could not be reached for comment. Previously the city has declined to comment on the investigation, citing employee confidentiality.
Without sharing the contents of the investigator’s report, the comments made by the City Manger cannot be verified. Who are these supervisors who acted inappropriately? Who was targeted in the investigation? Are these supervisors still working for the City? What sort of counseling did they receive and by whom? What role did the Community Services Director play in this debacle? Did she authorize the firing? Why? Way too many unanswered questions.
This is just a re-hashing of an old story. I don’t see any new news here. What will be news is if the DFEH comes out in favor of Sutton.
The DFEH investigation will be interesting, and if it contradicts the statement made by Cherise Brandell and the City Manager, they will have a lot of explaining to do. This story needs to be re-hashed until the facts are revealed. The investigation that the City commissioned was paid for with tax payer money needs to be shared with the public.
Close to twenty thousand dollars was spent on the investigation that was looking into the Karen Mihalek’s behavior and Cherise Brandell – the two who fired Michelle Sutton and demonstrated “inappropriate behavior”. The same supervisors who are giving statement to the press. No reason to believe someone who is trying to cover her arse.
While this may not be news, I am grateful that the Almanac is following up. I wish Teacher Michelle and Teacher Chris were back. I still maintain that there was no good reason to fire Michelle and believe that my tax money will be paying for the bad behavior of city employees.
First and foremost I want to go on record as believing that, indeed, personnel matters are and should be confidential. It matters not if the parties involved are paid with private or public funds; the source of their paycheck does not trump their rights to privacy. If it were any of you who have posted, I’ll bet you would be first in line at a lawyer’s office. Second, @Council This-You claim that Cherise Brandell is giving statements to the press. First, the article did not say who made the letter from the city manager available to the paper–my guess it was no one from the City and second, again according to the article the only statements Ms Brandell made to the paper were to confirm that counseling had been given and ongoing training is always being done–hardly statements I find hard to believe at all. Find another issue and a different rock to peek behind.
@ Who R YOU: ‘Community Services Director Cherise Brandell told the Almanac that the staff involved in the inappropriate behavior have been counseled. If you’ve been following this story or talked to any of the teachers who witnessed Michelle being fired inappropriately by two City employees you might just understand the irony of that statement. And if you’re gonna accuse someone of hiding behind a rock, you might want to climb out of your hole first.
@Counsel This: I have followed this story; in the newspaper. I never make it a practice to stick my nose in where it doesn’t belong and then pay heed to hearsay comments made by people whom may have reasons of their own to put lipstick on the pig. As I said, first and foremost, I believe personnel issues are private matters, regardless of where the paycheck comes from.
If you’ve been following this story then you know that the City was hiding behind that same it’s a “personnel issue” and refusing to provide the reasons why a very popular and well liked teacher was fired – the same City employees who illegally removed emails from a public record and claimed they had a right to because it was a “personnel issue”, and now the same City employees who refuse to allow public access to an investigation into the misconduct of the supervisors who fired Michelle Sutton because it’s a “personnel issue”. Personnel issues of PUBLIC EMPLOYEES are indeed something that is should be available to the public. And it’s in the best interest of the public to know how our public employees are being treated, because ultimately in a case like this when there is a hostile workplace created at the City, we as tax payers are going to be on the hook for the abuses.
Counsel This, obviously you and I have differing views on the right of privacy when it comes to personnel issues. Thats fine, I respect your opinion, just disagree with it. I absolutely agree that the public should be interested in insuring that public employees are not being subjected to a hostile workplace, etc. However, I liken it to someone who is a stock holder in a publicly-held company. If there are abuses, the stockholders ultimately are on the hook. But I still believe the individual rights to privacy and due process need to be upheld. A preventive approach would certainly be in order. I know my company spends a lot of time and money providing training to employees at all levels of the organization so as to prevent harassment of any kind.
Counsel this, I agree with WhuRUpeople. and I wonder where you are getting your information and why you keep stirring the pot?
Michelle Sutton was the best gymnastics teacher, an outstanding employee and a kind and decent person. Ask anyone who knows her and has been in one of her classes, or ask any of her co-workers. If it takes stirring the pot to get the City to reinstate Ms. Sutton, I will continue to stir.
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