You are on page 1of 89

Nathan W.

Drage (5194)
Nathan W. Drage P.C.
405 South Main Street
Suite 850
Salt Lake City, Utah 84111
Phone: (801)326-0441
Fax: (801) 983-6409
Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

:
:
Sherie Peek, an individual, : COMPLAINT
Commission, :
:
Plaintiff, : (Jury Demand)
:
v. :
:
Salt Lake County, a political subdivision :
of the State of Utah, : Case No. 2:17-cv-_________
:
Defendant. : Judge ______________
:
:
:

Plaintiff Sherie Peek (hereafter Plaintiff, Sherie, or Ms. Peek) by and through her

undersigned attorney, hereby brings this complaint (the Complaint) against Defendant Salt

Lake County, a political subdivision of the State of Utah, and for causes of action alleges as

follows:

1
OVERVIEW OF CLAIMS

1. This legal action has become necessary to formally pursue appropriate protection

and redress within federal court because of the unlawful and wrongful actions and inactions of

Defendant employer, wherein, under color of law, whether statute, ordinance, regulation, policy

or custom, Salt Lake County Government employer deprived Sherie Peek of rights, privileges,

freedoms and immunities secured to Sherie by the Constitution of the United States, its

subservient laws, statutes, rules and regulations, and the constitution, laws, statutes, rules and

regulations of the State of Utah.

2. Sherie is a victim of sexual harassment, gender discrimination, hostile work

environment, and retaliation that started about four years after she started working for Defendant

Salt Lake County. Sherie has been forced to either endure this horrific work environment, or

quit the job she worked with expertise. Unable to afford quitting, she has been forced to endure

this terrible environment that has continued for the past fourteen years.

3. This is an action for injunctive relief and damages under 1) title VII of the Civil

Rights Act of 1964, as amended, 42 U.S. C. Sec. 2000(e) et seq. (Title VII), for sexual

harassment, hostile work environment, and retaliation; 2) 42 U.S.C. Sec.1983 for violation of the

rights of Salt Lake County employee Sherie Peek under the Equal Protection Clause and the First

Amendment to the U. S. Constitution, 3) breach of contract, 4) negligent, reckless and intentional

infliction of emotional distress, and 4) fraud.

4. Defendant Salt Lake County, through its management and employees of its

Sheriffs Department, and employees of its HR Department, fostered and maintain an

2
environment of sexual harassment, gender-based discrimination, hostile work environment, and

retaliation, that was in direct contravention of Utah law, Federal law, contract law, and Salt Lake

Countys own policies and procedures, wherein Defendant Salt Lake County and the Salt Lake

Sheriffs office led employees to believe that the County and the Sheriff would protect

employees from sexual harassment, hostile work environments, and retaliation. In the case of

Sherie, they did not.

5. Plaintiff seeks all available equitable relief, damages, fees, and costs for the

outrageous conduct of Salt Lake County, the Salt Lake Sheriffs Office, and relevant employees.

Parties

6. Plaintiff Sherie Peek is a resident of Salt Lake County, State of Utah.

7. Until the week of May 5, 2016, at all times relevant to this Complaint, Sherie has

been employed by the Salt Lake County Sheriffs Office in the Health Services Department at the

Salt Lake County Jail.

8. In May 2016, Sherie was transferred to another department in the Sheriffs Office

Building to work as a menial processing clerk.

9. Defendant Salt Lake County is a political subdivision of the State of Utah that,

among other things, operates, governs, and is responsible for the Salt Lake County Sheriffs

Office.

10. All of the acts of the individuals, offices, and departments of Salt Lake County

complained of herein, whether the Sale Lake Sheriffs Office or the Salt Lake County HR

Department, were acts performed under the agency and authority or those individuals pursuant to

the color of laws, statutes, ordinances, regulations, policies, customs, or course of dealings of the

3
government employer Salt Lake County.

11. Defendant and government employer Salt Lake County is responsible any and all

actions of its employees towards Sherie.

Jurisdiction and Venue

12. Sherie has exhausted her administrative remedies, having filed a charge of

discrimination and retaliation with the Utah Labor Commission (and Equal Employment

Opportunity Commission).

13. The EEOC issued a Right to Sue letter to Sherie on or about July 21, 2017, which

was received on or about July 23, 2017. Thus, Sherie has filed this Complaint within ninety (90)

days of receiving the Notice of Right to Sue.

14. This court has jurisdiction pursuant to Title VII of the Civil Rights Act of 1964,

42 U.S.C. Sec. 2000e-5(f) (hereafter Title VII), from claims arising from the actions of

Defendant in violation of Title VII.

15. This Court also has jurisdiction under the Civil Rights Act of 1870, 42 U.S.C.

Sec. 1983.

16. This Court also has jurisdiction of any and all pendant claims under Utah law,

whether in contract or tort, pursuant to 28 U.S.C. Sec. 1367.

17. The unlawful and wrongful acts of Defendants were committed in Salt Lake

County, Utah, which is within the jurisdiction of the U.S. District Court for the District of Utah,

Central Division of Utah. Thus, venue is proper pursuant to 42 U.S.C. Sec.2000e-5(f) and 28

U.S.C. Sec. 1391(b).

18. At all times relevant, Sherie was an employee within the meaning of Title VII,

4
42 U.S.C. Sec. 2000e(f).

19. At all times relevant, Defendant Salt Lake County was an employer within the

meaning of Title VII, 42 U.S.C. Sec.2000e(b).

Factual Allegations

20. Sherie began her employment with Salt Lake County in 1999.

21. During the course of her employment she has had a somewhat confusing line of

management that was a mix of civilian and law enforcement managers.

22. Mark Ellsworth became her manager in 1999 with full authority to direct the

actions and treatment of Sherie directly and through other employees who held managerial or

supervisory authority over Sherie. Manger Ellsworth had authority to fire Sherie.

23. Manager Ellsworth retired in March of 2016.

24. Beginning in 2003, Manager Mark Ellsworth, sexually harassed Sherie for years

and participated in and supervised retaliation for her refusals and her subsequent pleas for help.

25. Though initially too naive and scared to see it, by late 2005 she came to

understand how her efforts and attempts to be pleasant, kind, polite, positive and cooperative,

were being used against her by Manager Ellsworth and other male superiors above him who were

actively preventing her from bringing facts and truth to light about Ellsworth. As time went on,

managements protection of Manager Ellsworth, and hostility towards Sherie, grew as she tried

to get managers to listen to her.

26. To achieve his goals of punishing Sherie, and deflecting any responsibility or

liability for himself, Mark Ellsworth utilized the help of superiors including, but not limited to,

Chief Rollin Cook, Capt. Troy Dial, Captain Kevin Harris, Sheriff Jim Winder and Chief Pam

5
Lofgren. He also utilized Directors of Nursing Jon Butterfield and Chris Cook, Managers

Crystal Marchand, Sue Joppien and Laura Motch to ensure that a hostile work environment was

maintained in her department in order to prevent any attempts on her part to obtain help and

assistance.

27. With his power and authority over Sherie and other employees, Manager

Ellsworth made it impossible for her to protect herself from his sexual harassment, retaliation

and hostile work environment.

28. Beginning in 2002, Manager Ellsworth started interacting with Sherie in a

personal, rather than managerial, manner. She was very naive at the time and did not recognize

his increasing advances for what they were: a wrongful abuse of power. Sherie looked up to him

as a responsible superior, leader, and mentor.

29. As time went on, the nature of his comments and interaction with Sherie became

increasingly personal. At the time, she incorrectly hoped that he was just a nice manager who

cared about her as an employee and, maybe, even a friend. But, Sherie became afraid and very

intimidated as his sexual interests persisted and as she observed him firing LPNs who had been

employed by Salt Lake County for a long time.

30. Sherie worked very hard at her job and did so at a time when she had extreme

tragedies in her personal life. So, when Manager Ellsworth paid her compliments, even in the

context of something inappropriate, out of naivete and inherent insecurity she focused on the

compliments and did her best to ignore the rest. In 2003 he wrote:

Mentally you are unbelievable, I think IQ is really based on peoples ablitity [sic] to
adapt and solve what is put in front of them, and I dont know anyone with better
skills at that then you, you maze me. (All Ellsworth quotes hereafter retain original
spelling without corrections.)

6
It was very flattering and reassuring that her Manager, a seemingly respected professional and

leader, was amazed by her intelligence. At the time Sherie couldnt see it for what it was,

which indicates her lack of understanding of how manipulative her Manager was and would

remain for the next 12 years.

31. And so, taking advantage of his managerial position over Sherie, Manager

Ellsworth targeted and pursued her for his romantic and sexual goals. His statements to her

regarding her competence were wrongfully entangled and couched in his sexual and romantic

desires and agenda. Her Manager wrote to Sherie the following:

Wow how do you put so many emotions into words?..Can I just start by saying you
are bodacious in every way! Physically stunning, and that is the best word I can
think of because there are times I just feel stunned in your presence. Mentally you
are unbelievable, I think IQ is really based on people and solve what is put in front of
them, and I dont know anyone with better skills at that then you, you amaze me.

I have never given much credence to people who have said they have met their
soulmate. I am starting to become a believer.

32. To make matters worse, Sheries Manager played upon events in her personal life

at that time (and since) and tried to get her to believe that she needed him to save her from

potential hurt and harm of other employees. He wrote:

You know several years ago the first things I heard about you were anything but nice,
and I wasnt sure how someone could generate so much emotion from people.......I
know everything I had heard was unfair and untrue. I am not going to go into what I
heard because it would be a waste of time. I also meant what I have said about
peoples past, I think they are only relevant if what ever was there is not actually in the
past but just a marker for what is still occurring. Re reading this it sounds
judgEmental and its not what I am trying to say, I am just trying to put some
perspective to where I was then to where I am now.

Sheries Manager carried this theme and manner of manipulation right up to the time he left. He

7
always wanted to have Sherie at odds with other employees so that he could always appear to be

the person who could save her from others.

33. Instead of writing to Sherie the way he did in the prior paragraph, Manager

Ellsworth should have scheduled a meeting with her in his office, provided her with fact-based

praise regarding her job performance or attributes which affect her job performance; and if there

were any negatives, identify them specifically as they relate to her job performance so that she

could note them and improve the quality of her work if that was necessary. He did not do this.

Instead, he played on Sheries insecurities at the time and placed her directly into a situation in

which he, Sheries Manager, has all the power and can say or do whatever he wants. Over a

period of years this would become pressed upon Sherie time and again as an employment

environment she would have to endure if she wanted to keep her job with Salt Lake County.

34. After psychologically abusing Sherie by telling her that fellow employees do not

like her, thereby undermining her confidence and self-worth as a Salt Lake County employee,

Manager Ellsworth further wrote:

Ive been lucky enough to be around you for the past couple of years and get to know
you when you probably didnt know I was paying attention. And again all I can say
is you are amazing, you have the biggest heart I know.

35. At the time Manager Ellsworth wrote the foregoing, Sheries then boyfriend and

later husband, Jim, had been in a very severe motorcycle accident that left him near death. He

has survived to date, but his lingering injuries and declining health required that, these many

years later, his arm may yet be amputated. Sherie has had to be a care-giver to Jim and balance

the stress of her job at the Salt Lake County facility.

36. Manager Ellsworth specifically mentioned Jim and described Sheries mental state

8
and health at that time as she headed off to work each day to earn an hourly-rate income while he

bombarded her with romantic overtures. He wrote:

I think when you were going through your hard times with Jim and his accident I got
to see a side of you I would have never seen if that had not happened. I still
remember vividly a phone call from you early one morning where you were so
emotional because you cared so much you seemed to be physically wearing yourself
out with worry for him.

37. So, Manager Ellsworth clearly knew of, and even identified, the tremendous stress

Sherie was under. Obviously, any exertion of control over Sheri for romantic reasons would

only add to the devastating difficulties she was working through with Jim and her children.

38. Despite this terrible situation with Sherie as a Salt Lake County/Sheriff

Department employee balancing the overwhelming pressures of a job and her husband who was

half paralyzed, her manager was determined to take advantage of her weakened condition.

Manager Ellsworth wrote:

And I thought he was the luckiest guy in the world and he doesnt even know it.

What a poor fool. (Emphasis added)

39. Several years later, Manager Ellsworth even suggested that Sherie kill her

husband.

40. This was so confusing and paralyzing now that Sherie had to deal with a manager,

who controlled hiring and firing within her department under the Sheriffs office while he was

playing with her mental and emotional health. Manager Ellsworth wrote:

But it has been a couple of years of getting to know the real you that leaves me
stunned, I know one of the reasons I love to be around people with those kind of
values enriches your life, and I feel that way when I talk with you especially when the
issues and not about scanning errors.

9
41. Manger Ellsworths reference to the real you continues to imply to Sherie that

other people dont like her, but that he, and only he, has the true picture of her good character.

Yet, he wants more between them than Sheries ability to do her job (professionally handle

thousands of medical records for the Salt Lake County inmates). This all becomes evident very

quickly. Sheries Manager continues:

You know the last event that helped me put that all in perspective was the other day
when we were going to talk. I really was hoping to see things get physical. (Emphasis
added)

Despite Sheries fragile mental, emotional, and physical state, her manager pursued her with

clear sexual intent.

42. Manager Ellsworth continues:

In what seems like an eternity ago I dated a woman who was twice my age and helped
educate me about sex, prior to that all those encounters with girls had no focus just
end results, anyway lets just say that what she left me with was an imprinting that I
dont think Ill ever get over, which is if you want to make a woman happy in bed
become good at oral sex, and dont come inside her, use a condom or pull out.
Well those words of advice seemed like they had been spoken as scripture because
they sure seemed to work well for some time.... (Emphasis added)

So, Sheries manager has now told her in writing the he wants things to get physical between

them, and discusses explicit sex acts. There is no law in Salt Lake County, Utah or the United

States that condones such comments. It is wrong, it is actionable, and it should result in severe

consequences to the manager and protection and help for the employee. Sadly, Defendants

managers did not listen to Sherie.

43. Sheries manager, Ellsworth, should have been protecting her, not viewing her as

a sexual conquest. He also wrote:

10
....I had an image of you crying and it all being because I was thinking with my little
head and not my big one. So whats our future? Tune in tomorrow to the same
e-mail station...

44. Having identified specifically Sheries mental, emotional, and physical situation

while she was trying to perform her work so that she could make a living for her family and

disabled husband, Manager Ellsworth tells Sherie there are more overtures in the future, which

inherently caused uncertainty and confusion for Sherie and created for her a daily hostile work

environment in which she would have to suffer through for another twelve years.

45. Manager Ellsworth sent her another email:

I was just thinking of you and thought Id drop you a line. I am just sitting here and
you are occupying my thoughts and so I started to compile a list of reasons why.

46. As an employee of Salt Lake County, Sherie expected that her manager would be

busy doing what managers get paid to do - work; that is what Sherie, as an hourly employee,

must do each hour of each day to earn a living. It is beyond understanding how Manager

Ellsworth could continue to be employed by Salt Lake County for so long after these letters (until

2015). His continued employment those many years demonstrated his power to do or say

anything he wants in his job without meaningful consequences.

47. Sheries Manger also wrote, in part:

So heres my top 10 list of why I always seem to be thinking of you......

2. Your eyes! You have the rare trait os being able to smile with your eyes. You
have gorgeous eyes.

3. I love your hands, they are feminine yet they have charactor, you can tell they are
working hands....

5. This may sound crazy, but I love the part of your personality that struggles with
your past and your eating disorder, for some reason I can relate to it.

11
Eating disorders are severely debilitating, physically, mentally and emotionally. And, they often

have their beginnings in abuse by an authority figure. Sheries manager has a background in

nursing, and as the Health Authority for the Salt Lake County facility where She worked, he

knew that any romantic or sexual overtures could make worse any health issues Sherie was

dealing with. But this did not matter to him and it did not deter him. Instead, it was something

to be taken advantage of.

48. In his letter, Manager Ellsworth continues:

6. I love the fact that you cant see how beautiful you are, you are physically and
spiritually amazing and you dont see it, you have self doubt and are humble.

7. I admire your determination.

8. I admire how you are always thinking of people and their needs.

9. Your friendliness and outgoing personality is cool.

10. I love how you say it how you see it.

As an employee, Sherie cannot find self-worth and job performance validation when they are

wrapped up in sexual advances.

49. The communications such as these from a manager to an employee are inherently

confusing, disorienting, as well as dangerous, whether the employee is able to realize it or not,

which is why society has established laws to protect employees from it. There are laws that

forbid it and Defendant violated those laws through its employee Manager Ellsworth.

50. In a subsequent letter, Sheries Manager wrote the following:

I am sitting here listening to a song by 3 doors down called here without you And I
love it, it makes me think about a dream I had last night, that started with me walking
down a street on the Italian coast......

12
The Managers communication is beyond bizarre. Sherie is an hourly-rate employee striving to

be the sole source of income to her family, which includes someone who is completely disabled

and whom struggles regularly with life and death issues. The Italian coast is so far from her

real world of needing to keep a job with Salt Lake County just to keep her family fed and

clothed. And, to add sexual harassment upon sexual harassment, two nurses told Sherie that a

CD that Manager Ellsworth had given her was fuck me music.

51. Sheries Manager continues:

....Italian coast walking up to a small caf where a gorgeous blonde was waiting for
me in a black dress, and Im not going to go into any more details than that other than
to say, I love sleeping lately.

I need to try to explain a couple things about how I see life. First there is a famous
woman who described love by saying you know you have true love when your
partner is willing to swim through shark invested waters to bring you a lemonade.
That sums it up pretty well for me, when you fall into real love you will do anything
for that person irregardless of the personal cost to you.

Sharks, lemonade, and real love. This psychological game has nothing to do with Sheries

work as an hourly-wage Salt Lake County employee.

52. The Managers harassment continues with this:

What I am really trying to say is that I know if I fall in love, if that person asks me to
bring them a lemonade through shark infested waters, Ill be diving in with the drink
in hand before I even change into swimming trunks.........You really are a mazing,
every time I think about you I am amazed by how many cool things there are about
you.

53. All of Sheries managers should have protected her from the human sharks in her

workplace, but, as it turns out, they are the sharks, or play the role of helping the sharks. The

following people failed in their duty to protect Sherie from a hostile work environment while an

13
employee of Salt Lake County under supervision and control of the Sheriffs Office:

Salt Lake County Facility Health Authority - Mark Ellsworth

Sheriff Jim Winder (Since 2007; Sherie does not think Sheriff Kennard knew what
was happening)

Chief - Rowland Cook (until 2012) and his successor Chief Pam Lofgren (current)

Capt. Kevin Harris

Director of Nursing - Chris Cook (2007 to current)

Director of Nursing - Jon Butterfield (January 2000 to December 2006)

Human Resources Manager - Gaylynn Larsen

Human Resources Manager Carita Lucy

Manager - Crystal Marchand

Manager - Susan Joppien

Manager - Laura Motch (until 2017)

These foregoing people were or are employees of Defendant Salt Lake County and held authority

over Sherie and should have done all within their power to protect her. They did not. Instead,

they assisted each other in:

1) Concealment by hiding the facts about Manager Ellsworths unethical and

unlawful conduct;

2) Making sure claims by Sherie would not be taken seriously and dismissed as a

mere nuisance by non-management female employees;

3) making sure complaints about sexual harassment, retaliation, and hostile work

environment be treated only as bickering among lowly female clerks;

14
4) ensuring that Sherie believe that her managers, and their friends, possess complete

power over Sherie within the Sheriffs office and that Sherie could do nothing about it; and

5) ensuring that regardless of how well Sherie does her job, or how much she

endures a hostile work environment, other Sheriff office employees will be employed and

compensated less merit.

54. Sheries Manager Ellsworth wrote the following in another letter to her:

Good morning beautiful........I couldnt get you out of my head all weekend, every
time I closed my eyes all I could see was images of you. Im not complaining
actually images of you are a great thing to have playing in your head. Let me paint
you a picture of what I see, first would have to be the flawless hair, it is gorgeous, soft
and thick and after this weekend the only way I can image anything better is if it were
pulled u so you neck was a little more visible! (That reminds me of a great dream I
had) You know when you tie your hair together with your complexion it just isnt fair,
no wonder other women are jealous of you, they should be. I dont think there is
anything more beautiful than blonde hair combined with a nice scandanavian
complexion with a hint of freckles, wow. (Emphasis added)

Sheries Manager did not assist her in improving her experience as an employee, but instead

targeted her as a subject for his sexual dreams and desires.

55. Sheries Manager continues:

You know that brings me to your bod, and I am not going to go into graphic details
here, for self preservation reasons, I will only say what a perfect package, great
coming and going. (Emphasis added)

56. Manager Ellsworth loves innuendo. He thinks he is clever. But his conduct is

wrong; it violates the law, it is sexual harassment. Obviously, Manger Ellsworths not going

into graphic details is for his own self protection from a sexual harassment claim (and losing his

job - which should have happened, but he always demonstrated the power to prevent); his refrain

from graphic details was not to spare Sherie from the emotional pain of sexual harassment.

15
57. Sheries Manager continues:

And the most amazing thing about all of this is that its packaged in the an incredibly
humble and hip personality , which is truly the one thing I cant stop thinking about.
Life is full of beautiful women, but not have the mind and personality like yours,
fiesty enough to take on Mike Tyson, yet beatiful enough to grace a magazine cover.
So, as you can see I consider myself lucky to have those images playing in my mind.
(Emphasis added)

Regardless of how well Sherie performed as an employee, which She was proud of doing, she

had no power, no protection from her manager. Sheries Manager wrote this in another letter:

So then I start thinking you know Im here alone.....So its later in the evening
everyones down for the night, so I head out to my little piece of sanity the jacuzzi, I
settle in its a balmy 106 degrees, I have the radio on quietly in the background, and I
dont have a care in the world at the moment. Then a song come on the radio here
without you and my thoughts go strait to you, thinking it would be great if you were
here relaxing with me. Lets jump forward a bit, so Im now asleep, it must be 3 in
the morning and here are the images that are creeping into my head. Im in a house,
its a little single lever 3 bedroom that has some cool features, like a great kitchen that
is next to an open living room that has a fireplace and mantle. The phone rings and
its you, you are on your way home and your calling to let me know you will be there
soon, you ask what we are doing for dinner and I reply Im not sure bout you but, Im
hoping if I play my cards right Ill be dining on a cute blonde I know and some other
inuendo talk.

Flash forward to Im working on a fresh spinach salad, everything is together, and Im


putting the finishing touches on a fresh raspberry vinagrete dressing. You walk in
and the first thought I have is famn you look great! You walk over to hte counter
where all the food is and I come up behind you and put my arms around you and start
kissing your neck....you fill in the rest. I wake up my heart is racing, I look at the
clock to get oriented, and realize its still so early to be up and wonder how am I
going to get back to sleep, so now Im lying there with all those images in my head
trying to go back to sleep. So its a few hours later and here I am writing this e-mail,
and over the last 12 hou4rs Ive spent most of it thinking about only one thing. This
has been pretty typical for the last little while. (Emphasis added)

So, instead of thinking about his duties as a manager of Salt Lake County, or thinking about how

he can help Sherie as a Salt Lake County employee, he can only think about conquering Sherie as

a sexual object in a setting in which there is an inherent disparity of power and Sherie might

16
experience retaliation.

58. Eventually, though slowly, Sherie started to see what he was doing. There were

cracks in the inherent confusion and uncertainty created by Manager Ellsworth. However, she

still didnt know what to do or how to address it. But, Sherie reasoned, she is adult and hes an

adult, certainly this can be fixed through addressing his behavior maturely. So, eventually

Sherie got up the courage to talk to her manager about it and tell him that she was uncomfortable

and that he should not communicate with her in such a personal manner. She had no desire to

create an enemy who could get her fired. Given his romantic and sexual advances, and his

power to fire her, Sherie handled the terrible situation as best she could at that time, and she

started to distance herself from Ellsworth as much as she could without affecting her job.

59. Despite his declarations of desiring a sexual relationship, Sherie never, ever, had a

physical relationship with Manager Ellsworth. She had, she thought, escape a terrible and

complex situation.

60. Though Sherie was able to get Manager Elsworth to stop sending her personal

letters, the effect they had on her continued. She was afraid, but functioning. And, had

subsequent events not happened, and continued to happen, Sherie maybe could have moved on in

a somewhat healthy, though damaged, manner. Instead, since those communications, Sherie has

been forced to endure an on-going hostile work environment arising from those letters to her,

additional sexually explicit comments from Mr. Ellsworth, and retaliation. Terribly worse, Mr.

Ellsworth remained a line authority manager over Sherie until March 2015.

61. Though no one in management will admit it, Salt Lake County employees at the

facility where Sherie worked are subjected to sexual talk, comments, and innuendo from

17
managers, as well as fellow employees. The facility is rampant with rumors of management

having sexual encounters or affairs with employees. It is believed by many that this is why

complaining about sexual harassment or retaliation or a hostile work environment is completely

futile; that management wont punish managers because they themselves are engaging in the

same conduct and they dont want subordinate managers to then tell on the senior managers.

62. During this period of time Sherie had been subjected to rumors by fellow

employees that Salt Lake County Sheriffs Office managers and supervisors were regularly

having sexual relations with subordinate employees.

63. It is this sex-saturated environment that allows, and even emboldens, employees

to sexually harass other employees, especially managers. And if employees resist, or complain,

they would suffer retaliation.

64. After having to re-balance her life as an employee who had to put a stop to a

manager who sexually pursued her, in the Spring of 2005 Sherie received a phone call late in the

night from two female nurses who worked for Defendant. They told her they wanted Sherie to

meet them and someone else for a sex party. These are the same nurses who told Sherie about

fuck me music. And now, they wanted Sherie to engage in group sex. Shocked, Sherie

simply told them she was not interested and hung up. Sherie reported this phone call to Jon

Butterfield, the Director of Nursing who had direct authority over the nurses.

65. Salt Lake County Nursing Director Jon Butterfield should have taken Sheries

report very seriously and taken immediate action to protect her from those two nurses.

Butterfield did not, however, help or protect Sherie from her co-workers sexual harassment.

And, to make it worse and begin another violation of law that would continue for twelve years,

18
he did he protect her from retaliation. Nor did any manager above Butterfield. Sherie would

soon get an extremely painful education about how irresponsible managers can create and

maintain a horrific and hostile work environment.

66. To Sherie before that late-night phone call, those two nurses were just crude Salt

Lake County employees whom Sherie worked to get along with. After that sexually harassing

phone call, however, those two nurses became extremely hostile towards Sherie and set about to

do all within their power and influence to hurt her - with the blessing of irresponsible Salt Lake

County management.

67. Without Sheries permission, and in violation what an employee would reasonably

assume are applicable rules or laws, those two nurses got onto her computer when she was not at

her desk and searched her emails. They found the sexual harassment emails Sherie had received

from Manager Ellsworth. Those emails clearly evidenced Sherie as a victim of sexual

harassment. And yet, bizarrely, those nurses used those emails to wrongfully attack Sherie in a

most cruel, harassing, and persistent manner as retaliation for not accepting their invitation to a

sex party. They would conduct their retaliation with the aid and assistance of irresponsible

managers.

68. Without Sherie doing anything wrong, and while her daughter was hospitalized

with pneumonia, on June 30th those sexually harassing nurse employees filed a complaint against

Sherie. Though she had been shocked by their late-night call for her to participate in sex party,

Sherie was completely dumfounded that they could 1) gain unauthorized access to her computer,

and 2) use something that she was a victim of (Manager Ellsworths sexual harassment), to file a

claim against Sherie. With no words to describe how horrible these actions were, Sherie

19
believed that Salt Lake County Manager Butterfield would protect her. But, consistent with the

prevalent conduct of Defendants managers protecting sexual predators, Butterfield did not

protect Sherie.

69. Thereafter, events became more bizarre. The complaint by the nurses, who were

sexually harassing Sherie and retaliating against her, were handled by Captain Kevin Harris,

Division Administrator over Sheries department and the nurses. Captain Harris was a known

friend of Manager Ellsworth and they worked together closely. Additionally, Capt. Harris and

Director of Nursing Jon Butterfield were neighbors who had built their houses at the same time.

70. To Sheries later shock and surprise, Manager Ellsworth apparently told his friend

Captain Harris that the emailed letters from Ellsworth to Sherie were based upon a reciprocal

romantic relationship. Despite the fact that a claim of a reciprocal relationship should NOT

relieve a manager, Ellsworths statement was completely false.

71. Sheries Manager (Ellsworth) cowered when confronted with the matter and was

not truthful and forthcoming. It is at this time that Sherie more fully realized how Ellsworths

romantic and sexual advances towards her were impacting her work environment, which is why

employment laws exist: to protect the employee. And, it gets worse.

72. Amazingly, Sherie, the victim of sexual harassment from a manager and two

employees, received a written Verbal Warning from Capt. Kevin Harris. This was the worst

of the worst. Sherie had done nothing wrong; she had been sexually harassed by her manager,

she developed the courage to put an end to his sexual overtures a year before, she had been

recently sexually harassed by the nurses, and she had cooperated with management to get the

truth told. Now Management was further escalating an already hostile work environment for

20
Sherie and punishing for her for being a victim who tried to report sexual harassment. It was

completely and entirely horrifying, a word that doesnt even adequately convey the emotional,

mental, and physical consequences Sherie experienced.

73. This is how sexual harassment and retaliation continued for years at Salt Lake

County under its Sheriff. Sherie was in a free-fall of emotions as her mind tried to understand

what the nurses were doing to her and how Sheriff Department Management, instead of

protecting her, were protecting Manager Ellsworth and the nurses, and punishing Sherie, thereby

making her work environment completely and entirely hostile.

74. On July 20, 2005, Captain Harris sent Sherie a letter that included matters that

were completely false, and then concluded with this:

You are hereby issued a verbal Warning for this violation of County Policy. You are
directed to familiarize yourself with County Policies 5702 Standards of Conduct and
5730 Sexual Harassment. You should be cautioned that similar behavior could be
considered a violation of our Sexual Harassment Policy. You are cautioned that any
similar misconduct in the future may result in more serious disciplinary action which
could including [sic] termination.

75. For someone working as hard as Sherie did to be professional, energetic, pleasant,

nice, kind, positive and forgiving, this was completely devastating. The letter made her

extremely sick, depressed, shocked, outraged, horrified, and scared. She panicked, felt anxiety,

and couldnt sleep. Sherie had to take blood pressure and anxiety medication. To make it even

worse, what Sherie was experiencing was affecting her family, and still does to this day. Sherie

was always afraid her employee card wouldnt work when she came into the building. Sherie

cried - for countless hours as thoughts and questions persisted in her mind: No one was

protecting me! How could this be?! Why isnt anyone listening? Why is management

21
protecting Mark Ellsworth and the nurses? Why are they punishing me - the victim?

76. Captain Harris copied Chief Deputy Rollin Cook, who Sherie later learned did not

care about employees and was likewise agreeable to protecting Manager Ellsworth from any

meaningful discipline and certainly not interested in protecting or helping Sherie - a lowly Salt

Lake County clerk. Sherie believes that Chief Cook did not inform Sheriff Kennard about what

was going on, but does not have personal knowledge about that.

77. Sherie did not concern herself about the private lives, whether sexual or

otherwise, of consenting adults. It is their business and it is none of her business. But, when

their private activities result in them not fulfilling their managerial duties, then it is wrong and

should be fully investigated. Aside from being a friend protecting Manager Ellsworth, it was

considered known among employees that Captain Harris had an affair with an employee and

there were rumors of additional affairs. This would explain, in part, Harris motive to lie about

Sherie and to protect his friend, Manager Ellsworth, at all cost.

78. A week later, on July 28, 2005, Sherie regained some functioning composure.

She compiled and delivered a seven page Rebuttal Letter to Capt. Harris. In it, she

unequivocally stated the following (the word grieving is what County employees use to refer to

an objection or complaint):

This is to inform you that I am grieving the verbal warning you gave me on July18,
2005. I was not guilty of any form of sexual harassment nor was I guilty of any
policy violations. I feel I was intimidated into signing the discipline form just as I
have been intimidated by the two nurses making these false accusations.

The e-mails you say that were used as evidence against me by Nurses Betty and
Michelle were illegally retrieved by them and were over two years old. Its
unbelievable that they would be offended by these two years ago and wait until now
to use them when they were so offended.

22
These same to nurses confronted me on July 26, 2005 and told me they were sorry for
getting me involved. They just wanted to cause grief for Mark Ellsworth. I have
been victimized by these two nurses with these charges and the slanderous rumors
they have spread throughout the jail. I have always enjoyed my job and the
professional people I work with. However, during the past month I have experienced
hostility from coworkers directly related to the malicious lies these two have spread.
Although time has helped, the seeds have been planted and some days I find it very
difficult to come to work. The hardest part was the day they confronted me at my
desk humiliating me in front of other nurses, jail staff and inmates. They had this
information for two years, what was the urgency?

I believe the focus of this entire incident has been steered towards me, the innocent
party, while the instigators walk around as though they have scored a victory over me
leaving me in a hostile work environment. Even though I fear retaliation, in all
good conscience I had to pursue this. (Underlines and bolding are emphasis I have
added)

79. Instead of meeting with Sherie about what she wrote and inquiring further about

what she was crying for help on, Capt. Harris wrongfully turned blind eyes and deaf ears to her.

He willfully and intentionally ignored his duties as a senior manager and instead he chose the

good old boy network of the Salt Lake County Sheriffs Office. In this regard, as wrong and

illegal as the conduct of Mark Ellsworth and the nurses was, the conduct of Capt. Harris may be

even worse - because he was in a senior position and could have at that time put an end to

Sheries torment. If he had taken proper action, he could have ended a hostile work

environment that continued for another twelve years. Instead, he actually facilitated and crafted

a hostile work environment that would affect Sherie and fellow employees for years to come.

80. Capt. Harris took the wrongful actions of a few (Manager Ellsworth and two

nurses) and cemented them into the abusive culture at that Salt Lake County facility. It didnt

help Sheries situation, or her work environment, that nurse Betty let it be known that she loved

Capt. Harris. She also dated an officer and subsequently filed an unfounded complaint

23
(assault) to try to get him fired. That officer subsequently told Sherie be careful, she is

extremely dangerous. But, the reality is that a fellow employee can only be as dangerous as

management allows that person to be. If management does their job, employees like nurse Betty

will be terminated and innocent employees like Sherie will be properly and effectively protected.

81. Sherie copied her rebuttal letter to Gaylyn Larsen (Salt Lake County Human

Resources), Chief Rollin Cook, and Sheriff Aaron Kennard. Shockingly, none of those persons

responsible for Sheries welfare called her or met with her. None of them inquired of Sherie

regarding her health or the issues she raised. Why? Because contrary to what managers and

County publications repeatedly say and claim, sexual harassment is NOT an issue Salt Lake

County management cares about. Instead, abuse, harassment, intimidation, and indifference, are

the way these Salt Lake County managers handle employees at that facility under the direction of

the Salt Lake County Sheriff.

82. This is underscored by the fact that Capt. Harris told Sherie he believed the nurses

did what they did because they wanted her out of Booking (where she worked in the jail

facility at that time). A large part of Sheries job at the time in Booking was to act as a Unit

Clerk to assist the nurses by answering phones, calling people on the radio, and assisting with the

handling of the large amount of paperwork that was faxed daily. Its stands to reason that if

Capt. Harris believed Sheries claims were true and that of response of the Nurses were false, it

would be unconscionable to punish Sherie - who was a victim of sexual harassment. Yet, Harris

did not dig deeper into the numerous bad acts the nurses were engaged in. And, Harris did not

dig deeper into Ellsworth. Harris wrongfully failed to protect Sherie because Capt. Harris had

no interest in being part of a solution when the illegal acts of his friends are involved. And, if he

24
punished the nurses, he couldnt then leave Manager Ellsworth out of harms way. So, he

simply threw it all on Sherie - the victim of sexual harassment, hostile work environment and

retaliation at that Salt Lake County facility. That is how business is conducted where she

worked.

83. Soon thereafter, on August 16, 2005, Sherie received a Performance Review.

On August 24, 2005, Sherie sent a letter to Jon Butterfield, Director of Nursing, regarding her

Performance Review. She informed Butterfield that the evaluation was used to humiliate and

punish me for circumstances beyond my control. But, once again, it didnt do any good to

complain about retaliation in departments under the control of the Salt Lake County Sheriffs

Office.

84. Furthermore, Sherie expressly informed Mr. Butterfiled that, in regards to the

verbal warning from Capt. Harris, I was a victim. She informed him that Capt. Harris

generated false information about her. She also pointed out that her most prestigious award to

date had just been given her the prior Spring. Thus, she should have been granted much more

credibility in any review process by management. But, as Sherie has learned, trying to

understand the events as logical or rational cant be achieved without understanding the way

things really work at that Salt Lake County facility.

85. Butterfield was one of Sheries managers. Again, horrifyingly, Manager

Butterfield did absolutely nothing to address grievous issues raised by an employee (Sherie) who

was clearly distressed and suffering.

86. During this time, Sherie obtained a letter from co-worker Patti Schmidt as further

evidence that it was the nurses (Betty and Michelle), who were creating a hostile work

25
environment (after the sexual harassment). In that letter Ms. Schmidt states:

I have worked with Sheri Peek in some capacity for the last six years. She has
always handled herself in a professional manner. She is a conscientious,
hardworking, caring co-worker. I value Sheri as a moral and upright person who
knows the meaning of integrity.
I have seen the manner in which she is being treated by Betty Stevenson and Michelle
Barlocker. Sheri has become their focus for some reason and are treating her in a
very unfair and nasty manner, especially since they have been calling her friend until
just recently. Sheri doesnt deserve this and it upsets me to see such a caring, sweet
person as Sheri beginning to hate the job she has always enjoyed and to be physically
ill due to her dealing with these two nurses who are devoid of integrity.

....Numerous times I have heard these two nurses talk about people here in the jail in a
very rude and hurtful way. No one is exempt from this. It doesnt matter if its the
inmates or the personnel. This has continued for so long because a majority of the
nurses and others here in the jail are afraid to confront these two nurses because of the
resulting treatment they would then receive from them.

87. Not knowing what else to do, but knowing that she must defend herself, Sherie

somehow gathered what strength she had left and filed a complaint against the nurses on August

26, 2005.

88. But, to make matters worse, the harassment from the nurses continued. No one

was stopping it. Sherie was constantly worrying about what they were going to say or do next.

They had made many sexually charged comments to Sherie back then, such as When are you

going to get out from underneath Ellsworths desk and take off the knee pads. Having invited

Sherie to participate in group sex, they were, literally, out of control in their sexual harassment

and retaliatory behavior - all with the blessing of managers who should have protected Sherie.

93 In the first week of September 2005, Jon Butterfield came to the nurses station

where Sherie was working. He spoke to some nurses there. They started to tease him and so he

said Im leaving, this is a hostile work environment. He then looked at Sherie and

26
demeaningly said Ask Sherie, she knows all about that. This was the Director of Nursing, a

manager, a person who should protect employees; he is the one Sherie sent a grievance to the

previous month regarding her evaluation that involved Capt. Harris. Whether intentionally, or

unintentionally, his comment callously ridiculed Sherie and exposed to other employees the

issues she was trying to deal with as privately as possible. Butterfield also showed Sherie that,

despite him a manager, a hostile work environment is not something he takes seriously.

Sherie did not find his comment amusing or entertaining, because she was in fact suffering

substantially. What he said and how he said it was inappropriate and made Sheries work

environment even more hostile. What he did, particularly as a manager, was wrong. It

supported the sexual harassment of Manager Ellsworth and the nurses, and broadened and

deepened the hostile work environment. Butterfiled obviously thought it was OK to make

such a comment because men Salt Lake County Sheriffs Office control get to do and say what

they want without consequences; so why should he even be sensitive to the issue? Butterfield

had been programmed to NOT be sensitive. Sherie also notes here that Mark Ellsworth was, of

course, Butterfields boss, thereby creating a situation whereby Butterfield would protect

Ellsworth over Sherie. And, he clearly valued employees who are nurses over a mere clerk like

Sherie.

89. During this time Sherie realized that where she was working (the nurses station)

was overwhelmingly toxic and that she had to get out and away from being there on a daily basis.

At this time, Sherie was standing at the elevator one day crying and ended up talking to her

supervisor Jill Cochran. Sherie told her Supervisor that she couldnt stand it any longer, that no

one in Salt Lake County management would help her. Supervisor Cochran told me Sherie she

27
could move upstairs to get out of the line of fire. Supervisor Cochran acknowledged that

Sheries environment was hostile. Though Sherie was grateful for the move upstairs, clearly

more should have been done by management at a higher level.

90. On September 5th, Sherie sent a faxed message to union representative Kevin

Schofield stating Im tired of worrying about what theyre going to do or say next.

91. Also, as indicated in an October fax to Mr. Scofield, harassment from Ellsworth

continued. Sherie stated My job is on the line and then asked What am I supposed to do to

get him [Mark Ellsworth] to back off! Please help me! Sherie was clearly looking to anyone

to listen and provide help and protection.

92. Then, when Sherie thought it could not get worse, it did. On October 18, 2006,

Sherie received the decision on her complaint of a hostile work environment. The author was

Deputy Chief Rollin Cook, another protector of the hostile work environment. He merely

rubber-stamped an incomplete and flawed investigation of Capt. Harris. There had been other

witnesses to the hostility of nurses Betty and Michelle, but, not surprisingly now, neither Harris

or Cook talked to them. (An example is again from Pattie Schmidt, dated November 16, 2005).

93. Chief Cooks decision states that the investigation showed no evidence of a

hostile work environment. This was both amazing and horrifying. So, in essence, what Chief

Cook was saying was that it was ok for workers to call other workers and invite them to group

sex parties; that workers can say anything of a sexual nature to other employees and that is ok.

94. Chief Cooks decision goes on to state Management is not to blame for this

contentious relationship affecting the work place. It is interesting that Chief Cook felt the need

to deflect any blame or responsibility of management - him, Capt Harris, Jon Butterfield, Mark

28
Ellsworth. He also stated that the written verbal Sherie received was appealable, but no one

informed her of a particular appeal process so that she could protect myself. Why wasnt

Sheries July 28th rebuttal treated as an appeal? The answer is because no one in Salt Lake

County management was trying to protect Sherie. They were wrongfully and illegally trying to

cover up a very hostile work environment that they were in charge of.

95. In Sheries rebuttal letter, she explicitly stated Even though I fear retaliation, in

all good conscience I had to pursue this. But, management wasnt concerned about protecting

employees who are suffering, they just dont want anyone talking out of line or in a manner that

calls into question their managerial abilities or brings to light their irresponsible performance and

illegal behavior.

96. Chief Cook did not meet with Sherie and carefully review the serious matters

Sherie raised, nor did he meet with other employees who provided substantiating evidence and

whom supported Sherie. A responsible manager would have. Instead, Chief Cook called in Lt.

Sorenson to sweep things under the rug. To make it all the more intimidating, nurse Betty

bragged that she had had affairs with married officers. Is it true? Sherie does not know, but the

message was that if you sleep with the right people you will be protected by management and if

you dont fool around or if you make waves with management you will be punished. Chief

Rollin Cook clearly appeared to be supporting that message to Sherie and other employees. Had

he been a responsible manager, he could have conducted a thorough investigation by talking to

Sherie and the fellow employees who verified her information.

97. Lt. Sorenson, Capt. Harris, and Rollin Cook were all close friends and associated

with each other. Lt. Sorenson was not in Sheries chain of command, but Chief Cook merely

29
grabbed a buddy who would protect management - Ellsworth, Harris, Butterfield, and himself.

If he wanted someone independent to review the matter, he should have gotten someone who was

in fact independent, with no personal relationship with him or other members of management.

98. The investigation by Lt. Sorenson was inherently biased and flawed, and designed

as a cover-up. Sherie believes it was further hampered because Lt. Sorenson was also commonly

rumored to have several affairs, including with a civilian employee.

99. Plaintiff has no interest or objection as to what managers do in their personal lives

outside of the workplace. But, if the rumors about management having affairs with Salt Lake

County employees are true, then management cannot fulfill their duties in an unbiased manner

and address fully and fairly issues that employees are complaining of, especially claims of sexual

harassment. They cant and they simply wont.

100. So, in the departments under the control of the Salt Lake County Sheriffs

Office, this is how false investigations, reports, and decisions get generated. This is the good

old boys system that secures the Salt Lake County Sheriffs Office employees in a hostile work

environment that benefits management and sexually abusing employees against the victimized

and helpless employees.

101. Chief Rollin Cook had a great opportunity to put fresh eyes, even possibly

unbiased eyes, on very serious issues Sherie had raised. He had an opportunity to put a stop to

sexual harassment, a hostile work environment, and the retaliatory punishment of a whistle

blower - Sherie. But, like Capt. Harris, he chose to protect his friend Mark Ellsworth.

Whatever the culpability of Capt. Harris alleged previously, the conduct of Chief Cook was even

worse; because he was even more senior and had much more experience and had much more

30
authority. The harmful effect of Chief Cooks wrongful inaction and action, would reverberate

in Sheries life for years - right up to the month before he retired in February 2012. Sherie

suffered every day he remained in his position of supreme authority. He may be a nice man to

the rest of the world, but as a manager for Salt Lake County, he completely failed in his duties to

protect Sherie, and even greatly added to the oppression and hostility in her workplace.

102. During this time period, Sheris co-worker, Beth Tarkeshian, sent a letter

to our union representative Kevin Schofield. The letter was sent to advise him of the turmoil

Sherie was experiencing and that our manager was even aware of the wrongful actions of the

nurses. She states:

I am writing this in support of my co-worker Sherie Peek. The turmoil that she has
experienced at work during the past several months is unacceptable. These nurses
have created a hostile work environment not only for Sherie but also fo her
co-workers. Although my involvement has been minor compared to Sheries the fact
that they have tried to create problems for me is unbelievable. My supervisor, Jill
Cochran on several occasions told me that these nurses have approached her telling
her I do not do my job and just last week she told me they can to her stating I spend
two hours visiting Sherie in booking. That is a lie! Yes, I do stop and visit with
Sherie but the majority of the time is it work related as Sheri and I work closely
together. She is my contact person on several tasks and is also my backup for others.
Sheries phone number is on all the send out paperwork so we have to work closely
together to monitor the workflow. My workload is so heavy that I do not have time
to spend two hours hanging out anywhere. Nor do I have the patience for such
behavior. Although Jill told me of the instances she assured me that she did not
believe what they were saying but cautioned me about their behavior and made me
aware of the situation.

Sadly, as Beth and Sherie would later discover, anyone who stood up for Sherie was a target of

retaliation by management.

103. Beth was just another of many witnesses that Harris, Sorenson, and Cook

failed to pay attention to in their managerial investigation about the sexual harassment and

31
hostile work environment generated by the nurses. Its one thing for good people to stick their

neck out and speak-up about hostile work issues, but such is useless when management wont

even investigate properly and engage in a cover-up for friends and fellow managers. Their

failure to interview people who have something informative to say actually emphasizes the

hostility in the work place; it guarantees that hostility will be felt and that employees will

believe resistance its futile. Their conduct is the epitome of sexual harassment and a hostile

work environment.

104. On November 16, 2005, co-worker Patti Schmidt provided yet another

letter substantiating the terrible work environment:

I have been witness to the unprofessional, unethical treatment of Sheri Peek in this
division. She has constantly been in a hostile work environment in this department.
It includes not only the tow main nurses that are talking about Sheris character as
well as everyone else. This workplace hostility is actually being facilitate by the
management. Many jokes are circulating about Sheri knowing all about workplace
hostility. I dont think this is a joke and I dont feel management.....have done
anything to keep this situation contained or correct it.
.....This needs to stop and Sheri doesnt deserve this and has done nothing wrong.

105. The year 2005 ended up being one of Sheries worse for hostile work

environment up to that date, with more managers than Mark Ellsworth getting deeply involved in

protecting other managers and sexually harassing employees at the expenses of the employees the

managers have a duty to protect. One of the tragic lessons Sherie learned in 2005, substantiated

by Chief Rollin Cook, is that if you dont accept an invitation by co-workers to engage in group

sex, your work environment will turn to hell as hostility is heaped upon hostility and retaliation

becomes so normal that it isnt even seen as retaliation by inept and corrupted management.

106. Despite her determination to do her job well and have a cheerful and

32
professional disposition in interacting with others in her job, Sherie had to live in constant fear

of never knowing when she would be subjected to sexual harassment or retaliation. Such fear

is very traumatic.

107. Sherie was not able to seek help outside of management for about another

three years when, in February 2009, Beth Tarkeshian and Sherie obtained some help from an

attorney. They had Mr. Judson Pitts write a demand letter to Chief Cook in an effort to stop the

hostility, the sexual harassment, and the retaliation.

108. After the initial shock of the events in 2005, Sherie increasingly gained

courage to speak up for herself, despite hostility from superiors. Having refused his romantic

and sexual overtures, and having tried to protect herself as she came to understand more and

more the extent of Ellsworths sexual harassment and attendant hostile work environments, and

after challenging Capt. Harris and Chief Cook, Sherie soon found herself black balled by

management. It not only affected her, but it also affected her co-worker Beth Tarkeshian.

109. In 2006 it was announced that their supervisor Jill Cochran was leaving.

Beth Tarkeshian was interested in replacing her as supervisor of the Medical Records

Department. Beth had many years of experience, was mature, and not beholden to the boys

will be boys network for the Salt Lake County Sheriffs Office. She would make an

excellent replacement of Cochran. But, Mark Ellsworth rewrote the requirements of the

position to prevent either Beth or Sherie from getting the position. Instead, management

hired Crystal Marchand. The reason for hiring Marchand over Beth was insufficient

education and/or Experience. This would become the means by which Beth and Sherie

would be prevented from advancing at all. It would be one of the means by which to retaliate

33
against both of them for standing up to management on hostile work environment issues. The

deception became all the more apparent as Ellsworth would hire managers who did not have

the valid experience and whom were, simply, completely irresponsible. Every new manager

hired in their department demonstrated to them the economic punishment for speaking up.

110. Marchands possible lack of knowledge about the hostile work

environment that was prevalent in their department, and her later clearly-evidenced friendship

bias towards nurses, allowed them to resurface as instigators of further extreme hostilities.

Their actions would again damage Sherie as they callously and intentionally spun their

falsehoods.

111. As continued retaliation for Sheries 2005 complaints about sexual

harassment, the nurses made false allegations about her regarding medication at the facility.

This created an Internal Affairs Investigation that brought back all the stress and pain and

suffering of the previous year. Thus, the events of 2004 and 2005 merged into those of 2006.

112. On October 16, 2006, Capt. Harris informed Sherie that she had been

cleared and that the complaints by the nurses were unfounded. This begs the question as to

why that didnt alert Capt. Harris to 1) the false nature of anything and everything the nurses said

in 2005, and 2) that Sherie was in fact a victim of sexual harassment and retaliation. Thus, Capt.

Harris ineptly, if not intentionally, wrongfully and illegally allowed those nurses to sexually

harass Sherie and retaliate without consequences. Obviously, as Captain of the cover-up, he not

only he didnt care, he and his fellow managers had illegal conduct of their own to cover up.

Clearly, none of the managers cared then or now.

113. Senior managements retaliatory hiring of substandard management

34
instead of qualified employees became apparent by the Fall of 2006. On November 4, 2006,

employee M. Lundberg sent an email to Ellsworth, Chief Rollin Cook, Capt. Kevin Harris, and

Manager Marchand, reporting the hostile work environment facilitated by Manager Marchand.

Thereafter, the employees working under her filed a grievance against her. It would not be until

2008 that management would finally replace her, but did so with someone who had worked with

Ellsworth - once again stepping over qualified employees who are more capable of performing as

an effective manager or supervisor.

In May 2007, Sherie sent a letter to Kevin Schoefield, reporting to him of how
horrible it was to work in her department. Sherie stated Beth and I feel like
prisoners in here afraid to go into the hall we feel as if we need to have a tape recorder
going all the time and we both really believe that those two [nurses] are very
dangerous....

114. In July of 2007, Sherie formally requested that the 2005 written verbal

warning issued by Capt. Harris be removed. There was, very simply, no reason to not remove

that warning from my record. Her request was granted - a very small victory and merely a lull

before the on-going storms to follow.

115. In December of 2007, Beth sent a letter to Manager Ellsworth outlining

problems she and other employees were having with Manager Marchand.

116. On January 8, 2008, employees Patti Schmidt, Katherine Clayton, Linda

Sanders, Beth Tarkeshian and Sherie met with Manager Ellsworth to discuss their grievances

regarding Manager Marchand. It is nothing short of bizarre that Sherie was forced to report to,

and obtain help about a hostile work environment from, a manager who had sexually harassed

her. It boggles the rational mind.

117. On January 18, 2008, Ellsworth sent the employee complainants a letter

35
regarding the meeting. In that letter he stated:

I would like to respond to the recent meeting we had, where you voiced your concerns
regarding working conditions. I would like you to know that I take your concerns
seriously and have conducted a thorough investigation into each of the issues brought
to my attention. I am committed to improving our work place atmosphere and will
be working with our management team as well as individuals to ensure that a
professional work place environment exists. If you continue to have problems with
any of the issues discussed, I would encourage you to contact me immediately so they
can be properly addressed.

118. The falsehood, and the irony, is that Ellsworth simply cant take the

employee claims seriously or work with our management team to ensure that a professional

workplace environment exists when he is the one who started the hostile work environment by

sexually harassing Sherie. It was Ellsworth who not only subjected Sherie to sexual

harassment, but participated in a conspiracy with other managers to cover it up and deflect any

responsibility. In 2005, he, along with Capt. Harris and Chief Cook, made Sherie the fall guy

for the sexual harassment, which was his sexual harassment, that the nurses then used to further

harass Sherie. And yet, Sherie still had to rely on that man to ensure a professional workplace

environment. This is not right and allowed all the damage and effects on Sherie to continue

from 2004 through 2007, as a series of connected acts reinforcing each prior action or inaction.

119. Moving now into 2008, on February 18, 2008, fellow employee Patti

Schmidt wrote a letter describing how horrible the environment was in Sheries department.

Ms. Schmidt states:

When Crystal first started here she knew all about what happened between Betty and
Michelle and myself and I though Mark had told her, but Im convinced it was Betty
and Michelle and she believed them. All I told her was it was lies and vindictive
behavior on their part and it was over, but I would appreciate it if I could have as little
to do with the two as possible. Now Im convinced Crystal was in on all this
behavior with those two.
.....the more serious issue is the physical damage that has accumulated after these

36
assaults year after year. I do my best to keep a positive attitude and am optimistic,
but has made me physically sick after dealing with the people here at work. We all
attend training every year, and we have the Counties and the Sheriffs Policies and
Procedures and that this abuse has continued as long as it has and has escalated in
such a fashion is criminal. I was naive when I started working at the jail, in fact it
was the first time I had ever been in a jail and thought I would be working with moral,
honest people and found that had gotten lost somewhere along the way to find myself
working in such horrible conditions that no one deserves to work in.

120. In the first quarter of 2008, Manager Marchand tendered her resignation.

Sherie hoped against hope, and believed, that maybe this would be a chance for things to change,

for working conditions to improve. Instead of opening up the managerial position to those

employees who actually know and understand the job, Manager Mark Ellsworth then hired Sue

Joppien as department manager.

121. Beth and Sherie were not given the opportunity because 1) Ellsworth

wanted to prove to Beth and Sherie that they could never advance in their careers with Salt Lake

County, regardless how expertly they performed their work, and 2) because Ellsworth knew

Joppien from prior employment. Power and control over Sherie and anyone friendly to her were

the goals of Ellsworth, not a healthy, safe and productive work environment. He always wanted

hostility surrounding Sherie so he could show her the consequences of not giving into his sexual

agenda.

129 Also in 2008, while Marchand was on her way out, Ellsworth continued to

make comments to me that demonstrated his power to oppress Sherie. His four-year success of

sexually harassing Sherie, covering it up, and allowing sex party nurses to harass Sherie, had

embolden Ellsworth. While standing in his office in the presence of Lt. Thomas he stated how

rich I am and that I should take him and Lt. Thomas to lunch. This was economic torture in that

37
due to the conduct of Ellsworth, Sherie continued to be the lowest paid clerk in her department.

Jovial comments like this, demonstrating his power, made her sick. In that same incident he

said Sherie had an S on her forehead, apparently referring to a scarlet letter. She asked him if

this is how she was going to be treated for defending myself. He smirked and Sherie left his

office and returned to hers in tears with the ever-ringing question in her mind: what doesnt

someone do something?

130. Ellsworth associate Sue Joppien was hired as Manager despite that fact

that she did not meet specific qualifications for the job. Speculation was that Joppien promised

Ellsworth to keep the women in line and to not cause problems for male management. It was

rumored Joppien had prior problems with employers, but because of the association with

Manager Ellsworth, she was hired anyway. Ellsworth went out of his way to hire someone he

believed he could control. Hiring Joppien was a disaster from day one.

131. On or about April 30, 2008, at a meeting during her first week in the

department, Sherie raised her hand asked the new manager (Joppien) a question. Bizarrely,

Joppien came towards Sherie as if she was going to hit her. Other employees voiced that same

concern to Sherie as well. The hostile work environment proceeded to get worse. Within

one month the employees, not just Sherie, filed a grievance against Joppien, while she was still

on probation as a new hire. Manager Joppien had been placed into management over Sherie

and Beth Tarkeshian because Ellsworth wanted to punish and control them. It could not have

been for Joppiens superior skills at communication and as a person fully capable of performing

the duties of managing others. Among many other things, Joppiens conduct included the

following:

38
Saying You (the female employees) are a hard bunch with control issues.

Saying Mark and Chris call you (Beth and I) shitsters.

Saying Dont fuck with me, I can make your life a living hell! (And she did.)

Saying Im a real bitch and you dont want to cross me.

132. Over the next four years, through these statements and other

unprofessional and hostile conduct, Manager Joppien proved to us that she could say or do

anything and management would not fire her. She was untouchable, just as Manager Ellsworth

was. Whether by complete lack of managerial skills, or by engaging in the worst of wrongful

managerial intent, Joppien would make sure the hostility created by Ellsworth and the sex party

nurses would continue in Sheries department for as long as Sherie worked there. The hostile

work environment, as a continuation of the sexual harassment of Ellsworth and the sex party

nurses, went on as retaliation for Sheries refusal to participate and her trying to obtain review

and help from senior management. Thus, the hostile work environment maintained by Manager

Joppien was done so with the blessing and protection of senior managers.

133. In early Spring 2008, Sherie too was overwhelmed by the madness of the

hostile environment where Sherie worked. Ellsworth, having satisfied himself with the prior

sexual harassment and cover-up, and the hiring of a manager (Joppien) who he believed would

protect him, returned to sexually harassing Sherie through sexual comments intended to affect

her emotionally and psychologically.

134. Sherie could hardly hold things together and had an emotional breakdown

in the office of Lt. Avery Housekeeper, who was employed over processing and booking. One

day he was having a conversation with Sherie him selling a boat and Ellsworths name came up

39
in the conversation. The events of the past four years, and most recently, came to the surface

and she started crying. She told him about the on-going sexual harassment by Ellsworth, who

just wouldnt stop with the sexual comments and statements made to demonstrate his power. He

stated that he had already been aware of Ellsworths infatuation in Sherie for years.

135. After that experience, Sherie, felt she had to do more. So, Beth and

Sherie were going to go meet with Chief Cook about all of Ellsworths conduct. But, Lt.

Housekeeper got there first and reported what Sherie had said. Beth and Sherie emailed Chief

Cook and requested a meeting, but he said he couldnt meet because the matter had been sent on

to Internal Affairs.

136. In the investigation that followed, Beth was interviewed and provided

substantiating testimony to the sexual harassment and hostile work environment she witnesses.

The Internal Affairs investigation process is intimidating, but Sherie concluded that it was just

something she would have to endure to fix the problem: Mark Ellsworth still being employed as

a manager. His conduct was outrageous. As Beth had said to Sherie, Mark is completely out

of control.

137. Being rational, Sherie and Beth believed that the investigation would

result in Ellsworths termination. With all of his past conduct, they reasoned, how could Salt

Lake County continue to employ him - especially as the Health Authority over our department?

Everything he did was contrary to Sheries health, and those around her, and he knew it and was

so perverse he didnt care.

138. On May 8th, Sherie received a letter from Chief Rollin Cook regarding the

Internal Affairs Investigation of Mark Ellsworth. The letter informed her that, contrary to any

40
and all rational thought, Ellsworth would remain employed as the Salt Lake County jail Health

Authority. Sherie was shocked and sickened - the person who was charged with ensuring

health, was destroying Sheries health! So, Internal Affairs confirmed Sheries claims, and then

senior management swept it all under the rug - for a second time. Chief Cooks letter states as

follows:

An Internal Affairs Investigation of your complaint regarding sexual harassment made


by Division Administrator Mark Ellsworth has been completed. After a
comprehensive review of the investigation, interviews, written statements and witness
testimony, I find Mark Ellswoth culpable of these allegations. In further discussion
with Mark, he agrees that his comments have been inappropriate for a work place
environment and has failed to conduct his communications with you in a professional
manner. I discussed many topics with Mark intended to correct his behavior and
prepare him for proper work environment interactions. Significant and accountable
corrective action is also being applied, as well as chain of command adjustments that
should minimize contact between the two of you. I am confident Mark will refrain
from behavior and that you will feel comfortable and safe in the future.

I have instructed Mark Ellsworth not to approach you concerning this complaint.
You must let me know if you ever feel that Mark or any other person makes you feel
that you are being retaliated against for making this complaint. My hope is that this
will solve the problem you have brought to my attention, but should you have any
other questions or concerns please bring them to my attention immediately.

140. The letter from Chief Cook was another false front from management.

They lie so often they dont even realize it when they are lying. Chief Cook tells of chain in

command adjustments. But clearly, that isnt going to solve the problem.

141. Salt Lake County didnt even follow that slightest of remedies identified

by Chief Cook (chain of command change). Only three weeks later Sherie was having to deal

directly with Ellsworth on complaints of hostile work environment regarding Sue Joppien - the

very person he worked with before and who was hired Sheries sexually harassing manager

(Ellsworth). Once again, Chief Cooks letter and conduct demonstrated clearly that Mark

41
Ellsworth could do anything and senior management would protect him. This, again,

demonstrated that Chief Cook had no interest in protecting Sherie, a female clerk. Because

Sherie had no other choice, I tried to trust Chief Cook right up until their last meeting four years

later, in January 2014, when his deceptive mask came off completely and Sherie saw him for

who he truly is.

142. The same day of Chief Cooks letter, Sherie had to email Manager Joppien

to request that she be excused from taking minutes at a management meeting. The reason Sherie

gave was due to a confidential matter that I am dealing with. What it actually was was

Ellsworth had been disciplined and it would be wrong for Sherie to be forced to be with him

(though that soon happened anyway).

143. A little later, Joppien confronted Sherie and forced her to tell Joppien why

Sherie couldnt be present at the meeting. Joppien then used that information to try to pretend

that she would protect Sherie. It was a lie and instead enhanced the hostile work environment.

144. On May 14, 2008, a grievance was filed against Joppien by Beth

Tarkeshian, Kathy Clayton, and Sherie. This was while Joppien was still on new hire

probation.

145. On May 29th, Ellsworth issued the results of that grievance: nothing

meaningful, just procedural instructions. No consequence to Manager Joppien, but why would

there be? Ellsworth was himself under discipline for sexual harassment (following the Internal

Affairs investigation) so he didnt want Sheries manager (and his hire) causing him problems

too.

146. So, it gets worse. Seeing that no serious harm will come to her from

42
Ellsworth, but being angry with Sherie about the grievance Sherie participated in, Manager

Joppien retaliated against her.

147. On August 22nd, Sherie received a very nice email from Lt. Katherine

Jones. In it was the text of Psalm 35. Lt. Jones sent it to Sherie as a personal and private

comfort for what Sherie was going through with the terrible environment she was forced to work

in. And, it did in fact comfort Sherie. So, she put it by my computer in her private little cubicle

- a space occupied by only herself and shared with no one else.

148. Thereafter, a lab tech, who clearly had no business being at Sheris desk,

filed a religious complaint against Sherie for having that Psalm in her cubicle.

149. On September 5, 2008, Chris Cook, Director of Nursing, informed Joppien

about what she already knew - someone (her friend) had filed the complaint. Chris Cook

instructed Joppien to conduct an investigation and report to Mark Ellsworth. So, the bizarre

facts are that the manager who was currently retaliating against Sherie was to conduct an

investigation and report findings to the senior manager who had already sexually harassed

Sherie and was under some type of meaningless discipline. The process of protecting an

aggrieved employee could not have been more flawed if Hollywood had tried to come up with

it.

150. The horrific fact situation is made more bizarre when it is remembered that

the letter from Chief Rollin Cook represented to Sherie, and promised her, that there was an

important change in chain of command that would protect her, from which Chief Cook

promised Sherie that she would feel comfortable and safe. In the moment when Manager

Joppien forwarded Sherie the email that Joppien had been authorized to conduct the

43
investigation, there was no way on earth that Sherie could remotely feel any safety at all.

151. Sherie was, of course, emotionally traumatized at how blatantly bad it all

was. But, she indicated to Joppien that it wrong and suspicious. Joppien then realized that

anyone with room temperature IQ would figure out what Joppien had planned (though unknown

to Sherie at the time). Joppien also realized that Sheries willingness to accept abuse was

changing and was likely to fight it. So, Joppien ended the plan by instructing Sherie to take

down the document that was so offensive.

152. In a letter to Chris Cook and Mark Ellsworth, Joppien acknowledged as

fact the hostilities the department has gone through in the past and reported that she had

handled it. Joppien had to acknowledge the obvious - that the un-named complaining person

should not have been at Sheries cubicle snooping around. However, no one was actually

looking into what prompted the religious complaint in the first place. There never should

have been a complaint filed in the first place. Joppien knew this and also knew Sherie would

likely file a grievance. So, Joppien closed the matter quickly.

153. On September 9, Sherie sent an email to Chief Rollin Cook, thinking

someone might do something right regarding the blatantly hostile work environment (that

Joppien had already verified in communication between managers). In the email, Sherie stated

As this point I feel it is essential that you get involved or again these kinds of matters will just

be swept under the rug. If there was a time to set a clear concise message to staff regarding this

kind of pettiness it is now! With no member of management protecting her, Sherie was growing

more emphatic with time.

154. Chief Cook responded to Sheris email, but was so unprotective of an

44
employee (Sherie), so insensitive and blind as to what was morally and legally the proper course,

he did not see the absurdity of his response. He told Sherie:

Ill speak to Mark.

155. How strange. How ironic. The Chiefs response undermines and

disregards the chain of command changes he talked about in his previous letter to Sherie that

was supposed to protect her and make her feel comfortable. For Sherie, this begged the question

of whether the alteration of change of command important or not. If not, why use it to try to

comfort Sherie? If important, why did senior management immediately abandon it?

Management continually use letters and emails to cover their lies by using nice language.

156. Having apparently talked to, and received instructions from, Ellsworth,

Chief Cook emailed Sherie on September 30th and stated:

This should now be taken care of. You were not found to have done anything wrong,
against policy, etc. We are still working on many issues, however, and encourage
your continued support and positive approach to this difficult saga. You should also
receive something from your command acknowledging that you were found innocent
of accusations contained in the grievance.

Yes, of course Sherie didnt do anything wrong. And, of course Sherie had always endeavored

to be positive in carrying out her employment duties. But, Chief Cook intentionally misses the

point of Sheries prior email - someone in management had to get to the bottom of how it all got

generated, get to the origination of the hostility through a bogus complaint.

157. As instructed by Chief Cook, Sherie waited to receive something from

her command. It arrived on October 14 from Manager Joppien. It states:

After careful research we the management feel there is no validation to the grievance
filed against you by Lillian Giersberg regarding the religious complaint.
This matter has been discussed with all parties involved and is now considered
closed.

45
158. Sherie had not previously known who had made the complaint about

Psalms. From Joppiens correspondence, however, Sherie learned it was Lillian Giersberg.

Perhaps by this point of never-ending harassment, hostility and retaliation against Sherie, it

should not be surprising that Giersberg was a friend of Manager Joppien. Giersberg was also

involved in the investigation of the nurses.

159. Joppien had hatch a plan, using her friend Giersberg, to create problems

for Sherie in retaliation for her complaints about Joppien and Ellsworth. And so, there was no

end to the hostility, all arising from the sexual harassment of Ellsworth in 2004 and which had

continued into late 2008. But, there was no investigation. No one cared about Lillians bogus

claim or Manager Joppiens actions.

160. It was quite obvious to Sherie that a cover-up was happing again, that

Joppien was going to be protected by Ellsworth, and that Cook would protect Ellsworth.

Consequently, Sherie continued to feel the weight of a hostile work environment with the person

who had sexually harassed her on numerous occasions essentially dictating whether Sherie would

ever receive any managerial support and protection. Joppien should have been investigated, but

was not.

161. On December 4, 2008, Beth Tarkeshian sent an email to Chief Rollin

Cook with a letter attached from Beth, Patti Schmidt, Katherine Clayton, and Sherie. The letter

addresses the terrible work environment that had permeated their entire department. The letter

states, in part, the following:

We feel we have been extremely patient over the past months waiting for changes in
the department. However, we have entered the holiday season without an end to the
negativity and isolation by management and HSU staff......We liken the treatment to

46
being bullied and shunned....

162. All any of us want is to come to work do our job and go home to our

families. Many days this simple deed has been extremely difficult. We all feel the HSU

management needs to take responsibility for this situation and they are the only ones that can

correct it. Nowhere else would this be allowed to go on for so long and using us for scapegoats

solves nothing because if we left our replacements would be treated the same.....Enough is

enough!

163. Beth Tarleshian was present during almost all of the verbal sexual

harassment comments Sherie received from Ellsworth. She too witnessed, experienced and

suffered from the ongoing sexual harassment and hostile work environments created by him and

maintained by him and others.

164. On December 5th, Chief Cook responded in an email stating:

I work closely and meet regularly with Sue, Chris, and Mark and I will address some
of your concerns next week....I encourage you and the other clerical staff to do your
positive part.

As a male manager for the Salt Lake County Sheriffs Office, Chief Cook was either wrongfully

complicit or completely and wrongfully inept, by involving Mark Ellsworth, the author of

Sheries sexual harassment/retaliation/hostile work environment, in the managerial analysis of

the employee complaints.

165. Beth had assisted Sherie in the founded sexual harassment claims

against Ellsworth and, like Sherie also feared retaliation from management.

166. As it turns out Chief Cook couldnt keep that kind I care about you

people approach for long. On December 22nd, Beth sent an email to Ben Doctorman, Assistant

47
Director of Fiscal Department. She reported to him that Manager Joppien had requested a copy

of the key to the Health Services Petty Cash. This was against specific county policy. Out of

genuine concern, Beth alerted Doctorman to the matter because she thought that is what she

should do. In doing so, she stated I dont want to be insubordinate but I also dont want to go

against county policy as it pertains to the petty cash. In the abundance of caution to not be

insubordinate, she copied Manager Joppien, Ellsworth, and Chief Cook in the email. Therefore,

Beth fully disclosed how she was proceeding with regards to her Salt Lake County duties.

167. Lacking any responsible managerial concern for the issue raised by Beth,

or supporting her in her own concerns as an employee, and without even talking to Beth, Chief

Rollin Cook sent an email to her stating:

In a very strong sense you are being insubordinate in this case, unless Sue told you to
send this email to Ben. I hope that is the case. If not, I am concerned as to why you
would send such a message to Ben without using your chain of command. This
email seems to be very undermining, however, I may not know the entire picture.

Thus, without knowing anything about anything, Chief Cook made it clear that no one was ever

to do anything that might upset the mutual managerial protection he and Ellsworth had firmly in

place.

168. Given what Chief Cook wrote, it was a good thing Beth sent the email

because she is accountable for the petty cash and employees had already seen instances where

people, even managers, were playing games with false allegations. Chief Cook was retaliating

against Beth for 1) participating in an IA investigation wherein his friend Mark Ellsworth was

found guilty, and 2) for embarrassing him in bringing to light that a Salt Lake County manager

(Joppien) was engaging in conduct that was contrary to county policy.

48
169. As for the email from Chief Cook to Beth and the rest of the complaining

employees wherein he represented and promised that he would address the issues next week,

that didnt happen.

170. Furthermore, on December 31st, notice was received regarding pay grades.

The managers who orchestrated a constant hostile work environment, namely, Sue Joppien, Chris

Cook (by inaction), and Ellsworth, went up in pay rates.

171. Joppeins pay increase occurred 1) while she was still on probation, and 2)

despite fact that she had received multiple complaints from her entire clerical staff during the

period prior to then. This was another message to the employees: dont complain because we,

the managers, will make your life hell and get paid more and more while doing it.

172. As 2009 started, Sherie tried to broaden out her efforts to address the

hostile work environment and retaliation that were part and parcel of Ellsworths sexual

harassment. On January 19, 2009, Sherie sent a letter to Jan Johnson, the Utah Alliance of

Government Employees (UAGE) representative (who worked with Kevin Scofield). In the letter

she discussed a meeting held previously with non-management employees. The meeting was

horrible and underscored how management had no real interest in resolving the hostile work

environment. In the email, Sherie stated This mess is made to look like a cat fight and it was

like a battle between the nurses and the clerks which I believe is what Mark [Ellsworth] likes

because it takes the focus off him.

173. On January 22, 2009, Jan Johnson, sent a letter to Sheriff Winder. This

was one more voice informing management, in fact the most senior of managers - the Sheriff,

that management was failing to protect employees. And it is this letter that made clear, at

49
minimum, the beginning point wherein Sheriff Winder had first knowledge of the events

affecting Sherie, Beth, and other employees. Among other things, Johnson states:

The Utah Alliance of Government Employees (UAGE) has several members in the
Health Services area of the jail, all female, who are needing resolution to a
long-standing problem in their area. I would like to schedule a meeting with you to
discuss possible solutions or options.

Medical Clerks Sherrie Peek and Beth Tarkashian are UAGE members who have a
nine-year on-going issue/battle with two nurses in their unit. It sounds like a
personal thing that shouldnt be coming to the Sheriff, and it is, except there have
been many meetings, many offerings of help with no positive outcomes. The most
recent occurrence ended badly when Chief Rollin Cook directed Gaylynn in HR to
meet with all the players to help resolve the matter. Apparently a just get along
message was issued and the meeting ended without resolution. The women being
harassed are at their wits end.

What I think we have here are two nurses who have been allowed to get away with
their harassing behavior for so long now, they arent noticing the serious damage they
are doing to their fellow coworkers. Or, they have noticed and thats become the
point. Several other nurses in the unit have been hired over the past couple of years
but leave, rather than work in that hostile environment. On nurse resigned last week
after just completing her six month probationary period because of the tension and
harassment. She was an emergency helicopter flight nurse. Someone, in my
opinion, the Sheriffs Office should have been proud to have as an employee.

I also feel that the two nurses in question are probably very qualified and good at what
they do which leaves management and HR with no stomach for a battle with them.
Whatever the case, we have harassment at its highest level, unprofessional conduct
and stress related illnesses popping up everywhere in Health Services and I would like
to see if you and I can come to some agreement on how to mitigate this situation for
all involved. Please let me know when you are available and thanks for your
consideration. (Underlines added)

174. The fact that Jan Johnson not only reaches the clear and explicit

conclusion that there is harassment at the highest level, but in 2005 Chief Rollin Cook issued

his conclusion that the investigation showed no evidence of a hostile work environment,

evidences how truly blatant Chief Cooks cover-up of sexual harassment was.

50
175. Jan Johnson, who was not part of the Mark Ellsworth/Capt Harris/Chief

Cook boys-will-be-boys club, was willing to speak truth to power. But, she could only report

information to a male senior manager (Chief Cook) who was already discriminating against

females who refused to go along with sexual invitations and anyone who helped the females who

refused.

176. In another typical act to cover-up what was going on, Sheriff Winder

responded that the issues are complicated and that Gaylyn Larsen of HR should be involved.

Larsen, however, was part of the problem going back to 2005 when the nurses first converted

Sherie from victim of sexual harassment (theirs and Ellsworths) to a recipient of a sexual

harassment claim by them (through Ellsworth). Whether intentionally or unintentionally, Larsen

facilitated, empowered, and emboldened the nurses who had caused so much hurt and pain in my

job.

177. Sheriff Winder closed his correspondence by referring to hopes of

identifying solutions. Winders response was a lie. To date he had done nothing to get to the

bottom of anything. He never contacted Sherie and have me come into his office where he

could, unfiltered by the other managers, ask her questions. He could have said to Sherie

something responsible like Sherie, please tell me everything that has gone on, and is going on,

that is affecting you as an employee. You can tell me everything and I will personally see to it

that there will be no retaliation from any managers. But, that didnt happen, because he did not

care; because he is part of the problem wherein the male managers foster and allow a sexually

charged environment. The same issues with Chief Cook and Capt. Harris exist with the Sheriff -

everyone is hiding it. Sheriff Winder never fixed the problem in management, nor did he do

51
anything to help Sherie or the other employees who have been victimized. Sheriff Winder

would later make it known to Sherie that even seeking protection from him was a waste of effort

and that she should just live with the abuse while working for Salt Lake County.

178. On January 31st, Jan Johnson responded to Sheriff Winder in an email

stating:

I know the matter has aged over time, become more complicated than necessary and I
do believe we can all reach some type of agreement. We really need to..........The age
of this conflict has left little reserves for those on the down hill side of this.

179. Sherie is deeply grateful that Jan Johnson was trying to protect employees

by communicating directly with the Sheriff. But, once again, Sherie could hardly breath because

she saw only talk coming from senior management - no one wanted to seriously delve deeply,

or at all, into what the facts were. This is because they all lead back to the sexual harassment

and the sexual activities of male management, and sexually active employees following the lead

of male managers, which they are all trying to cover up.

180. During this time Beth and Sherie finally reached out to attorney Judson

Pitts to send a letter to Chief Rollin Cook on their behalf. In the over four-page letter, he

describes what they experienced and emphasized that this is an important matter that demands

serious attention from management. He discussed the unwanted and repeated personal and sexual

advances towards Sherie from her manager Mark Ellsworth. He even pointed out the Ellsworth

had suggested that Sherie kill her husband. He concluded by stating If what they say is true, the

Sheriffs office has a problem that cannot be ignored. And, yet, it was ignored.

181. Sheriff Winder did not inquire at all. He did nothing to inquire internally,

to get first-hand information about the facts. Instead he had Lohra Millers office send a form

52
letter stating Please be assured that the Sheriffs Office and the County take allegations of

sexual harassment, hostile work environment and retaliation very seriously. The Sheriff did not

take such allegations seriously and would only give lip services to doing so.

182. The letter from the District Attorneys Office was designed to lead people

to falsely believe that management in the Salt Lake Sheriffs office cared about victims of sexual

harassment and was actively involved in resolving such. The letter states:

...employees remain in control of their own conduct. The Sheriffs Office has spent
considerable time and expenses redesigning the work units of these employees and
instructing each of them on our expectations for their conduct, the need for
professionalism and the use of common courtesy in the workplace.

Sherie believes that letters like this are cranked out by the Countys legal machinery with the

intent to actually ensure that the problems are never addressed and that their client, Sheriff Office

management, can keep breaking the law.

183. The letter goes on to declare:

The Sheriffs Office has addressed the conduct of both Ms. Peek and Mr. Ellsworth
on a few occasions. Since 2008, Ms. Peek has not reported any inappropriate contact
or conduct by Mr. Ellsworth. Apparently, the author of the form letter, couldnt be
bothered with the underlying substantial problems outlined by Mr. Pitts. Then there
is the closing line: In closing, I want to assure you that the Sheriffs Office has not
ignored their employees or the problems that have been brought to their attention.

184. The letter from the District Attorneys staff provided absolutely no

comfort or protection to Sherie because, obviously and inherently, the author wrote the letter

based upon information from Defendants management employees who had engaged in creating,

fostering, and maintaining an environment filled with sexual harassment, hostile work

environment, and retaliation. This absurdity would further become apparent in Sherie and

Beths January 2012 meeting with Chief Rolling Cook wherein he used the DAs office to scare

53
and retaliate against Sherie and Beth. Nothing productive was done. No investigation. Same

managers. Same failings. Same violations.

185. Sherie did not have money to pursue the matter any further with outside

legal counsel. The Sheriff knows this, the County knows this; this is how they crush their

lowly-paid employees. Their power is too great for any one person to stand up to. So, in 2009

Sherie was again forced into submission and forced to try to keep earning an income for her

family, while enduring emotional and physical sickness and depression. Despite the sexual

harassment, hostility and retaliation, through it all, Sherie continued be as positive as possible at

work. She considers herself a professional who has a job to do at Salt Lake County and she

works hard to do it well.

186. As further sexual harassment, hostility and retaliation, Manager Joppien

started using a hair issue to harass Sherie and it would be her pet harassment tool until Joppien

left years later. First, Joppien was deceitful and wrong. Second, she was a flagrant violator of

dress code. Manager Joppien dressed in low-cut short sleeved shirts, sleeveless shirts,

miniskirts, and sandals. Her violation of dressed code, while wrongfully harassing Sherie about

hair violations that did not exist, with Ellsworth backing her all the way, was all retaliation for

Sherie standing up for herself. Also, Joppiens hair issue was only directed at, and enforce

with, Sherie - not other employees.

187. To make matters worse, despite all of the sexual harassment, hostile work

environment, and retaliation at the hands of Health Authority Mark Ellsworth, she was forced to

take her complaints about Manager Joppien to the author of all her problems: sexual predator

Mark Ellsworth, who declared he loves her neck.

54
188. In March 2010, Sherie had to complain again about Manager Joppien.

Beth also sent Ellsworth a two-page letter outlining problems with Joppien. Sherie and other

clerks in her office met with Ellsworth on March 15th regarding problems with Joppien and also

Troy Davis. Sheri had told Ellsworth that the issues were serious enough to jeopardize the

employment status of both Joppien and Davis. And, Sherie explicitly informed Ellsworth that

she was concerned about Discrimination and Reprisals in violation of Salt Lake County Policy

& Procedure 5740.

189. Once again, due to the horrific irresponsibility of Salt Lake County

Sheriffs Office management, Sheries efforts to seek help and obtain protection were useless.

Joppien continued to be protected by Ellsworth because he was happy she was harassing Sherie -

the person who turned down, and later complained of, his sexual harassment. It was his

retaliation against Sherie, through Joppien. And it was Joppiens retaliation for Sherie standing

up to her as she did Ellsworths bidding. Even so, Joppien would get into disagreements with

Ellsworth and whenever that happened, she used it to try to convince Sherie that e was actually

protecting me from Ellsworth. She repeatedly tried to convince me she was my friend.

Amazing. Despite her attempts to be friends, I was always the subject of retaliation from her

and Ellsworth.

190. In July of 2010, Sherie had to again go to Manager Ellsworth and

complain about Troy Davis, a friend of Manager Joppien. In the email Sherie stated:

I really dont understand how this behavior keeps going on here. I have come to you
several times with concerns about the way I am treated by Troy Davis and how rude
and condescending he is to me. And his friendship with Sue Joppien has only made
it worse. I try to avoid troy at all costs because I am actually afraid of him and his
attitude. I feel threatened by him....I have gone to Sue when he is rude actually just
last week and she told me she talked to him and that he was being manic. I am not

55
going to be treated this way. I work very hard and try to do a good job. My job
requires me to communicate with Troy and it is extremely difficult. I cant help but
wonder if Sue has put him up to this because of the complaint we all filed. I cant
work like this I am asking you for your help. (Emphasis added)

Sherie having to ask the author of her hostile work environment for protection in the work place

is beyond terrible. It is impossible for the Salt Lake County Sheriff to maintain that Ellsworth is

going protect Sherie from Troy David when Ellsworth has done so much worse to Sherie.

191. So, it is, that in Sheries Salt Lake County work place managerial duties

and responsibilities of managers are easily disregarded for friendships and mutually protective

conduct. Joppien also arbitrarily allowed Troy a special schedule that was not available to

anyone else. This was done so the he could go to nursing school.

192. Ellsworth apparently asked Chris Cook (Manager Chris) to handle

Sheries complaint. Manager Chris pulled Sherie into a meeting on July 7th. In classic Sheriff

Winder Office management style, Manger Chris made Sherie part of the problem because

management does not listen and does not care. Sherie wrote Manager Chris an email that same

day stating:

I understand that but what you dont realize is that I went to Sue lasts week with how
rude Troy was treating me and then now I am called in your office and he is offended.
How can you be impartial with an employee when you are friends. I am afraid of
Troy and I believe that 1.30 [county policy] is exactly what it is.

In response to Sheries letter, Manger Cook wrote:

I expect Sue and everyone to follow these rules. If yo have any problems with
workers, that you feel violate County Policy 5702, then take them to your direct
supervisor, Sue Joppien.......I will follow the County Policy to the best of my ability to
ensure we all have a professional environment to work.

So, Sheries Manger, Chris Cook, who 1) had previously been interjected as someone in-between

56
Sherie and Manager Mark Ellsworth, but 2) who had protected sexual predator Mark Ellsworth

and his henchman - Manager Sue Joppien, both of whom have retaliated against Sherie and

ensured a hostile work environment, was now instructing Sherie to go to Joppein when she was

concerned about issues she needed help on despite Joppien being a duplicitous participant in the

problems. These Salt Lake County managers have no interest in fixing any problems or

protecting employees. Instead, they have one goal: protect each other.

193. Then, the work environment gets even worse for Sherie. More stressful

issues emerged over the next fifteen months, with the same promises of resolution, and the same

results: nothing was fixed, nothing improved. Regardless of what issues Sherie tried to address,

management would not act. They had entrenched themselves in not resolving issues and,

thereby, further cemented the hostile work environment, all of which was the retaliation for prior

refusal fo sexual overtures and Sheries complaints of sexual harassment. But, despite the

mental, emotional, and physical consequences, Sherie clung on to her job as best she could. In

April of 2011, Sherie had voiced her deep concerns to Chief Rollin Cook regarding her level of

compensation. On April 22nd he wrote to Sherie the following:

It is very unfortunate that you feel this administration has not done our part to secure
as much compensation as we possible can for you and all members of our
organization. Your allegations that we have not stepped up are inaccurate and
severely misplaced.....Thank you for your hard work and unwavering service to the
citizens of Salt Lake County. Your efforts do not go unnoticed or unrecognized.

194. The reality is Sherie was and is a valuable employee of Salt Lake County.

Until her wrongful transfer in 2017, Sheries manager, and others, had come to her because they

do not know how to do their work; they needed her to help them do it - yet they made so much

more money than she did. Those managers can hurt, oppress and even violate laws, but they

57
still get to make more money for their families than Sherie did for hers. It is wrong. Sherie

works hard, she does her job, and she does it very well. Unfortunately, the citizens of Salt Lake

County, whom Chief Cooks says Sherie serves, are not aware of the completely irresponsible

and wrongful conduct of managers employed by the Salt Lake County Sheriff. Chief Cook had

no desire to address the issues Sherie raised. He was a friend and protector of Manager

Ellsworth and he wanted Sherie out of employment by the County, but he knew that if he had her

fired, the retaliation would be too obvious. Sherie just didnt realize how true that was until

nine months later.

195. On November 22, 2011, Sherie wrote up some events that had occurred

relating to Joppien and co-worker Cami. On November 23rd, Sherie sent another email to

Manager Ellsworth, with copy to Manager Chris Cook. Ironically, had to report to him the

following issues and concerns:

I am afraid of retaliation. I spoke with Chris this morning and Sue called Cami and I
in her office. I am afraid of Sue knowing I went to you as she asked me not to. I truly
believe that Sue is trying to get rid of me. I did write it up although I have been
informed this morning that our stories dont match. (Emphasis added)

Sherie believes that, again, words cannot convey the feeling of complete helplessness having to

report fear of retaliation to a manger who sexually harassed her and then authored and allowed so

much retaliation and a hostile work environment that she had experienced for years.

196. That same day Manager Chris responded Retaliation is against County

Policy and I will enforce this policy. The statement by Manager Chris was another Salt Lake

County Sheriffs office ploy to wrongfully deflect from taking responsibility of being a manager

charged with protecting employees from a hostile work environment. It doesnt matter what

58
County Policy says, retaliation had become a way of life in Sheries job.

Sherie responded to Manager Chris email as best she could:

Thank you for your time and concern. I will do whatever it takes [to] resolve these
issues as I am not up for a battle and what went through here in the past.

This email painfully demonstrates that the years of 1) sexual harassment without punishment of

the perpetrators or help and assistance to the victim (Sherie), 2) the unbridled creation and

maintenance of a hostile work environment, and 3) the allowance of retaliation, were wearing

Sherie down. It should not be that way. Managerial conduct was in violation of Sheries

employee contract and in violation of the law, all of which Sherie found discouraging,

depressing, demoralizing, and dehumanizing, all of which is particularly ironic because the

department Sherie worked in was the Health Services department.

On November 30th Manager Chris emailed Sherie and stated:

I appreciate your willingness to move forward and help resolve the issues we have
had in Health Services. I am conducting an investigation, but cannot reveal the
specific issues from it. What I can say is that I expect all parties to continue to
follow County Policy and ensure we maintain a professional environment in our
department.

Sherie wondered 1) Would he actually do something right? 2) Would he actually do something

meaningful? 3) Would he actually dig into and issue and fix the problem? And 3) Would he

finally fire Sue Joppien, who was keeping Ellsworth continually happy by making Sheries life

miserable?

197. That afternoon Manager Joppien sent an email to Manager Chris stating

that she met with Cami and Sheri and that the issues have been resolved to everyones

satisfaction. That was false. Then, on December 2, 2011, Sherie sent Chris Cook a letter in

59
response to his November 23rd email. On December 8, 2011, Chris Cook sent Sherie an email

that he was conducting an investigation based upon her December 2nd letter. Completely

discouraged about managements integrity, she did not dare to believe that truth would emerge

and cause a meaningful change, one that would, in part, decrease her hostile work environment.

198. On December 19, 2011, Chris Cook sent Sherie a letter declaring that he

had conducted a thorough investigation of her complaint. He also states:

In my meeting with Sue, she admits to inappropriate behavior and state her actions
were never meant to cause harm. Sue now fulling understands the ramifications of
her actions, and the conduct required of her as a Salt Lake County employee.
I have taken the necessary administrative steps to ensure this behavior will not happen
again; I am confident you will not have any further issues. Salt Lake County is
committed to a harassment free workplace.

From correspondence like this it was clear to Sherie that Salt Lake County management thought

that simply saying something in writing that sounds official and sounds good solves the problem

and makes all pain and suffering go away. Sherie had to move heaven and hell to get

management to pay any attention to what she was trying to warn about her manager about - Sue

Joppien. And, the problems didnt just start in the prior month, or two months, or three months

before. The problems of hostile environment came from Joppien as soon as she started

employment, and with the blessing of management until Sherie forced them to look into these

things. It was clear to Sherie that Salt Lake County Sheriff management will not act unless

pressed repeatedly. It pitted Sherie against the power of those managers.

199. The response of Manager Chris Cook was the type of thing that happened

when Sherie previously pushed her complaint about Ellsworth - Internal Affairs confirmed

Ellsworths wrongdoing, but management merely made adjustments of chain of command,

60
which adjustments were NOT followed. So, Manager Chris Cook learned from Chief Rollin

Cook on how to protect managers that are caught doing wrong: just say its fixed.

200. Sherie was sickened by Chris Cooks participation in managerial

protection and whitewashing. She knew what he had just written was mere talk. At 12:15 on

December 19th Sherie emailed Chris Cook, stating simply:

I want to go home....this has made me too upset.

201. And, despite the completely foolish, if not falsely stated confidence by

Manager Chris, the harassment did not end. As Sherie has declared, Of course it didnt end!

The following day, Joppien was back at it (literally, the following day). On December 20th,

Sherie had to email Chris Cook and inform him that Joppien had, again, retaliated against her by

going to fellow employee Cami and asking Cami to write me up using policy 5702. It had

only been ONE day since Manager Chris had declared resolution of problems with Manger

Joppien and that everything would be good from now on. In Sheries job, retaliation from her

Salt Lake County managers cant even wait a day, it gets delivered in less than 24 hours,

regardless of any County Policy that gets referred to. Desperately tired of managements

inability, if not refusal, to actually do something meaningful in terms of stopping managers from

generating hostile work environments, Sherie wrote:

I am not going to put up with this and this behavior needs to stop immediately. We
take harassment training online and this is pure harassment. She is a huge liability
and is held to a higher standard....I will keep going until it stops. Nobody should
have to come to work and work under these conditions.

Without anyone in Salt Lake County management protecting her, Sherie did her best to sound

strong, but in truth She was in shock and grasping for help, any help, any security, any protection.

61
Sherie had a difficult time processing it all: no one was going to help, no one was going to stop

the retaliation and hostility. It hadnt even been one day. It didnt even matter that she

repeatedly stated, verbally and in writing, that she was afraid of retaliation.

202. Sherie had been beaten down by senior male managements promises of

change, and results, and a hostile-free work environment, and no retaliation. But it was all lies.

Regarding this, Sherie has declared:

It becomes so demoralizing its hard to have words that effectively convey the pain
and suffering (and I know Im repeating myself when saying this; but its true) I was
desperate, so desperate that I reached out to more senior male management: Mr.
Cover-up himself, Chief Rollin Cook.

203. On December 29, 2011, Sherie was forced send Chief Rollin Cook an

email to go up the chain of command. In that email she stated:

Sir, I am sorry to bother you but you need to know that I am not happy with the
meeting yesterday. I received an email asking if I mind if Gaylyn was present, I
really didnt feel comfortable with her there and did not realize I could have declined.
I believe that Gaylyn is highly bias and given her involvement in the past not to
mention her friendship with Sue, including emails and luncheons. She should not
have been there. In the meeting she wanted me to move to Oxbow or Acute which is
unbelievable as I was told by you that my job description would not change and I am
the one that filed the grievance. This is about Sues behavior and her position as a
supervisor She [Gaylyn] also asked me to give her positive things that sue has done
which I felt intimidated to do. I do not understand why this does not stop. I asked
for your help and I appreciate your immediate attention and response but I do not
think you are getting the whole picture. Yesterday when I went to the meeting Lt.
Jones had an incident with Sue and no one seems to be listening. I was told there
would be no retaliation and I would be protected. (Emphasis added)

Sherie clearly, and, once again, in writing, explained her concerns, her predicament, and fears of

retaliation to Salt Lake County Sheriffs Office management.

Chief Cook responded:

I am out until Tuesday. From your email it appears you are fine until next week. I
need to hear all sides on this before making any comment. Are you ok until next

62
week?

Sherie doesnt understand what Chief Cook read in her email that he thought that she was going

to be fine until next week. But, as Sherie has declared, she was not fine:

I was extremely depressed. I was telling him I was experiencing retaliation, that I
was NOT protected. But management under Sheriff Winder does not care about any
duties to the employees, even important ones like preventing retaliation. My
emotional condition was bad.

Sheries damaged emotional condition was evidenced by her frail emailed response:

I really dont know [T]his is going on and on. I guess I am since nobody seems to
care. Sorry to bother you.

204. Sherie has characterized her condition at that time as follows:

I think anyone who knows me, or doesnt even know me and reads through this
declaration, can see my correspondence was one of despondence. I was in a sever
fog of severe depression. I could hardly move. It was all too much for me to
handle.

205. Chief Cook responded by pretending to be a manager who cares about

Sherie and someone with valuable information for her about her managers: I think everyone

cares far more than you give them or me credit.

206. Regarding Chief Cooks response, Sherie has stated:

Really? Is that true? Wouldnt that be wonderful, if management, law enforcement


officers to be exact, just did their job and followed the law?! Could it be true? No, as
it turns out, that is not true. Not even remotely. I was so overwhelmed by the years
of sexual harassment and years and years of the ensuing hostile work environment, I
am surprised I even survived that December. And if there was any doubt about how
Chief Rollin Cook lies about his concerns about me, only one month later he would
make it undeniably clear.

207. So, despite the letter from Sheries attorney in 2009, the hostility and

retaliation which commenced with, and is a part of, sexual harassment Sherie experienced for

63
years, continued through all of 2010 and 2011. Sherie explained the foregoing as follows:

But, I guess I had stood my ground well enough in prior years to decrease the direct
sexual comments from Ellsworth. Though smirks and innuendos continued, I just
had to endure them without comment. But what people dont understand is that
when youve been sexually harassed by a manager and fellow workers, and that
manager has succeeded in remaining in a managerial position that you must report to
on a regular basis, the sexual harassment continues through a hostile work
environment. And it is terrible. If you havent lived it, you dont know how true
this is. The cost to me of decreasing the sexual harassment was a deepening of the
hostility in the workplace. The hostile work environment is the other side of the
sexual harassment coin. Every hostility I experienced was a reminder of the
consequences of refusing Manager Ellsworths sexual advances and sexual
comments. He was the male with power, I was the female without any power. And,
the actions and inactions of Chief Cook, who played a central role in the lies,
retaliation, and cover-ups of 2005 and thereafter, all relate to sexual harassment and
kept the sexual harassment alive. I was still suffering, as 2011 ended, because 1) I
did not give into the sexual overtures and taunting from Manager Ellsworth, and 2) I
tried to get others to listen to me about what he had done. So, Manager Ellsworth had
replaced his sexual desires for me with desires to watch me suffer in my job, and he
had plenty of people to help him in his sadistic endeavors. Working with other
managers, Ellsworth helped Salt Lake County management grow accustomed to not
fulfilling their duties regarding claims of sexual harassment and hostile work
environment - notwithstanding all the lip service they give to ensuring no tolerance
for sexual harassment or retaliation. (Emphasis in original)

208. As 2012 commenced, trying to eliminate eight years of sexual harassment,

gender discrimination, hostile work environment, and retaliation was clearly taking its toll on

Sherie. She was sick from it all, mentally, emotionally, and physically. Time and again,

management would declare they wouldnt tolerate this or that and that they would courageously

protect the employees. As an employee, she wanted to believe it and she always hoped that

maybe, this time, it is true. Sherie has further declared But none of it was true. These

managers are sick, sick people who do not care what pain or suffering they inflict on

employees.

In January 2012, as the new year began, Sherie received an email from Carrie Huett.

64
She stated:

Sherie, I am truly worried about you, and how much weight you have lost. Plus you
are so quiet and withdrawn. You are not the funny and out going and bright person I
am used to seeing.

209. Regarding the email, Sherie has declared Other friends and associates

recognized I was on verge of a complete break-down. Then, what I believed, but didnt want to

believe, came to full light.

210. On January 19, 2012, Beth Tarkesian and Sherie met with Chief Cook

regarding the hostile work environment we were forced to work in. The meeting was to address

the events of late 2011, as well as all the events leading up to it. Chief Cook had promised only

days before that everyone cares far more than you give them or me credit. Chief Cook

continually pretended to care, and pretended that all the other managers care. But, as Sherie has

stated:

How could he care, and how could other managers care, when Mark Ellsworth
remained over our department, making sure a hostile work environment existed? As
long as I was oppressed, Ellsworth felt I could not hurt him. All the managers were
willing to back each other up on their incompetence and violations duties to protect
employees. Patti Rich, a local union president, was also present. Despite the
terrible history of not obtaining relief, we went into the meeting in hopes of making
some progress, of obtaining some slight relief, even the slightest relief. Was Chief
Cook there to help, to make good on his representations and promises of caring? No.
Actually, he was very abusive in the meeting. He had a file in his hand and threw it
down on the desk and yelled: This is twelve years of history! We have talked to the
District Attorney and they say this is all just women who cant get along. They [the
District Attorneys office] say you dont have a case!

So, the District Attorneys office, which interviewed none of us and claimed the
Sheriffs office was doing everything right based on what the Sheriff and his
managers told them, is being relied upon as authority about what laws are or are not
being broken outside of their sight? Do any of these managers ever stop and think
about what they are saying, because it certainly doesnt make sense to us employees.
The whiplash from his December 29th email to the January 19th meeting was
shocking. I guess it shouldnt have been, given the track record of management for

65
the prior eight years.

What Chief Cook did in that meeting was reveal his true identity, that what he said in
December in response to my severely despondent emails, as well as all of his previous
work, was a lie. If it had not been a lie, he would not have said what he said in that
meeting. He simply didnt care about me as an wrongfully harmed and damaged
female employee, or any of the other employees, except to the extent we interfere
with his work day. He was fully aware of the sexual harassment, the retaliation, and
the hostility I had experienced for eight years. He didnt care. It was most evident
now. And, also significantly, he made it clear that the fact that I am a woman, further
prevents any meaningful managerial review of work environment complaints. His
statement characterized all of the suffering, the harassment, the retaliation, and the
hostility, in male/female terms. Im a female, senior management are males. It was,
according to management, my duty to not challenge the males or do anything that
upsets their day or their reputations. (Emphasis in original)

211. By telling Sherie that the District Attorney says that Sherie doesnt have a

case, and because Sherie could not afford an attorney, Chief Cook was engaged in full-on

harassment and intimidation with the goal of scaring Sherie into final and complete submission.

Instead of addressing the retaliation that Sherie had immediately (one day) experienced from her

manager (Joppien) in December (that was immediately reported to senior management), Chief

Rollin Cook completely swept it under the rug and retaliated against Sherie. He tried to play the

role of an attorney - which he clearly is not. He tried to get Sherie to believe that he, and sexual

harasser Ellsworth, and everyone else in management was behaving was proper and that Sherie,

along with anyone who stood by her, were the problem. It was bullying at its worse and Chief

Cook wanted to send the message that Sherie shouldnt even bother contacting anyone in

authority in government to try to get help (Human Resources, Utah Labor Commission, Federal

EEOC, etc), or even seek legal advice. His was message to Sherie was that she was wrong, she

was stuck, and that she was just a female who should just take the abuse or quit. In fact, Chief

Cook told Beth that if she didnt like how things are in their job, she should just quit.

66
212. Regarding the foregoing, Sherie declared the following:

Is that really how managers are supposed so fulfill their duties in handling serious and
repeated claims of hostile work environments? Clearly, Chief Cook had a problem
with our gender; he didnt like women making him deal with senior male managerial
issues. Is it a tough-guy with guns authority thing? I dont know. People who
are smarter than me can figure that out better than I can ever hope to. All I know is
that I have been victimized by it.

Ive been to the County EEO before, but Gaylyn was present and took over the matter.
How can an employee be heard when all of management is engaged in maintaining
a hostile work environment, cover-ups, and retaliation, and HR is assisting in the
cover-up, and EEO wont do anything because of the HR person? Its impossible to
be heard. All you can do is try to endure, keep your job, and hope the irresponsible
people leave before you die from overwhelming stress and grief.

213. As it turns out, there is another reason why Chief Rollin Cooks true colors

came out in that meeting. He was moving up in the world. On February 14, 2012, Sheriff

Winder circulated a notification that after serving proudly for over 22 years, Chief Cook was

retiring from the Sheriffs office. Sherie believes Chief Cook now has a very nice job as

Executive Director of Utah Department of Corrections. Salt Lake County male management

never has to account for their work, only the hourly female workers.

214. Sheriff Winder also announced that Chief Cook would be replaced by Lt.

Pam Lofgren. Sherie had heard rumors that Lt. Lofgen had had affairs with a Captain, who was

superior to her position at the time, and an officer who was subordinate to Logfren at that time.

Regarding that announced appointment, Sherie has stated:

I had heard some rumors about Lt. Lofgren, but I was so sick of rumors and what they
related to that I didnt want to hear them, and I really didnt want to believe them.
Out of hope for some help from new blood, I optimistically looked forward to her
coming on board. Maybe, I thought, she would become an advocate for myself and
other employees who wallow in this hostile work environment. Before the end of the
year I would realize how wrong and naive I was in having any hope.

67
Thus, in an effort to rise above the environment the Sheriffs office fostered, Sherie put aside

what she had been told about Lt. Lofgren and tried to develop a productive relationship.

215. Manager Joppien continued to cause problems and Beth took the lead in

standing up to it. But, as Sherie has stated, No one cared. No one did anything.

216. Sheries health continued to deteriorate. About this time Sherie talked to

an attorney who is a friend of her family since she was a teenager. In partial response to his

inquiry regarding someone who could acknowledge the devastation she was experiencing at

work, she obtained a statement from Officer Mel Greene. On March 6, 2012, Officer Greene

wrote the following statement on her behalf:

I have known Sherie for 12 years. In that time, I have become good friends with her.
Sherie is always helping others and giving her support without being asked. She
always has good things to say about others. Sherie is not that type of person who
would say any hurtful things to her co-workers. For the past year I have notice
Sherie is not herself, she has lost weight and seems to be under a lot stress. The
stress is affecting her work and also her home life.

Others are willing to confirm the impact of the hostile work environment on Sheries health.

217. During 2012 Manager Ellsworth demonstrated to Sherie that he was so far

beyond criticism that he could work or not work when he wanted to. In 2012, he was taking

Mondays and Tuesdays off for about three months. She had to work, he didnt. No one cared.

No one did anything.

218. Still in shock from the meeting with Chief Cook wherein he worked to

destroy any and all hope in Sherie that she could get anyone to look at the events of the prior

eight years and relieve her of the retaliation and hostility that grew out of and was part and parcel

of the sexual harassment she had suffered through, Sherie kept her head down and out of the line

68
of fire for most of 2012. She was discouraged, depressed, and physically ill.

219. Then, in November of 2012, Sherie decided to take more steps to protect

herself. Chief Pam Lofgren had sent out correspondence to the employees about the need for

everyone to get along. These types of communications, when management had fostered a hostile

work environment, can be, and were, discouraging and depressing; they enforce the management

mantra: the employees are the problem, the employees are the problem, the employees are the

problem. Despite Ellsworth still being employed by the County and still being my Manager,

Sherie decided to send a plea for communication and help to Chief Lofgren. She hoped that

Chief Lofgren could and would help, make a difference, and provide some relief.

220. On the afternoon of October 29, 2012, Sherie sent Chief Lofgren an email that

stated:

Dear Chief Lofgren:


It is because of your open-door policy that I write you this email. Despite the
extremely emotional subject matter within this confidential email, actually I am very
calm. But, I am also very determined. Though a victim, I am no longer going to
allow myself to be victimized by middle management. For years I have been
forced to be so afraid of losing my job that it paralyzed me from protecting myself. I
trusted others in management to protect me, but they failed me. I must now speak up
louder than before and hope I will not suffer again retaliation from management.

Thank you for the email that was circulated yesterday. I have great respect for you
and intend to support you in every way possible. I feel the same for Sheriff
Winder. In fact I feel very protective towards both of you, which is part of the reason
why I must write this email. I watch so many employees horribly affected by a mix
of forced silence and planned false information.

As I sat in our employee training meeting three days ago I had some intense emotions
that I wish I could have talked to you privately about right then and there. But it was
not appropriate. I knew you had a job to do and I was not going to interfere with
that. You are entirely correct that I had hoped, and still hope, that a new chief
would have new solutions. However, I have worked within the Sheriffs office for
thirteen years and I have now had enough experience as an employee working in a
hostile work environment for eight years to know that things do not change overnight

69
unless and until the proper information gets to the proper level of authority. I can
now see why proper action has not been taken before - it is because middle
management has kept the Sheriff (and HR) completely in the dark.

In your letter you state that the problems with this unit are toxic and hurting our
organization. You are completely correct. More so than you have been made aware
and more than you can imagine. You have also stated that you have asked Mark
Ellsworth to work with his supervisors to make an official recommendation. What
you do not know, because it has been purposely hidden from you and, for years, from
the Sheriff (by former Chief Cook), is that Mark Ellsworth is who created the hostile
work environment to begin with, and continues it now. He cannot be part of the
solution because he is at the head of the problem. He cannot resolve hostile work
environment issues because he has instigated and repeated the worst of hostile work
environment issues. He is incapable of making any other managers responsible
because he, himself, is not responsible. There is much you and the Sheriff do not
know because, I suspect, Chief Cook covered for Mark......for years. And Mark hired
Sue Joppien, and she has bragged that because of what she has on him Mark wont
fire her. And so, despite being on probation from the first month she started as a
manager, Sue Joppien continues to be supported in her divide and concur
management style - a style that made a fellow employee so emotionally and physically
sick that she was forced to leave our Unit. It is so sad and so wrong and so evil. I
have worked so very hard, and will continue to work hard, to be the best employee
possible, to be an example of professional work in my Unit.

I would like to come visit you next Thursday before you proceed with having Mark
Elsworth as part of the solution. I have lived in hell for eight years, and worked as
diligently and professionally as humanly possible. The actions and inactions of Mark
Elsworth has represented, and still represents, a great threat to our Unit and the
Sheriffs office. Despite what shows on the surface, he does not care about the Unit
employees or the Sheriffs office. He cares only for himself. More information,
truthful information, must come out now. I hope with all my heart that the Sheriff,
through your efforts as new chief, will take swift action to protect earnest employees
from the ongoing hostile environment that receives a lot of lips service, but absolutely
no action. Mark is the original source - you and the Sheriff do not understand that
yet. Its time to change all that. The emotional damage I have suffered is too
great. My family has suffered too much. My fellow employees have suffered too
much. Its all too much. And its almost out of my hands now.

With Greatest Sincerity and Hope, Sheri Peek

221. Having broached the subject once again to a Chief under the Salt Lake

County Sheriff, a female even, Sherie dared to hope for some help because she needed to be able

70
to hope. Sherie waited, and waited, and waited; days, weeks, months. Chief Lofgren never

responded to her. This was, once again, a message to Sherie that Sherie simply cannot say or do

anything regarding Mark Ellsworth that the Sheriff will act upon. Despite her efforts to be

cheerful at work, her depression deepened.

222. As 2012 closed and 2013 rolled along, Manager Joppien was still present

and still maintaining a hostile work environment. On more than one occasion Manager Joppien

bragged that Mark [Ellsworth] cannot fire me because [Sherie] know[s] too much. Regarding

that, Sherie stated No one knew what Joppien meant by that. It might not even be true. But,

that was Joppien. You never knew what she would say next.

223. Because of her connection and relationship to Manager Ellworth, Sherie

was targeted by Manager Joppien to make her life, as Sherie states, a living hell. She was on a

mission to get me to quit. She failed. Im still here, she isnt.

224. In an effort to try to convince Sherie that Jopppien would protect Sherie

from Manager Ellsworth, Joppien confided to Sherie that Mark and Chris do not want anyone

[in our department] to get along. Sherie didnt necessarily believe that because Joppien

regularly used a divide and conquer management style. Regardless, Joppien was able to be the

way she was as a manager because she was confident there are would be no consequences to her

managerial conduct, regardless of how inappropriate or outrageous her hostility and retaliation

was towards Sherie.

225. In a bizarre attempt to gain Sheries trust, Manager Joppien told Sherie

that she (Joppien) had told her husband Walter about the sexual harassment history of Ellsworth

towards Sherie and that he, Walter, was afraid that Ellsworth was going to sexually harass her

71
(Joppien). In such ways and others, Joppien used Sheries personal history of sexual harassment

to further oppress her and not to protect her from ongoing reprisal. Joppiens employment as

manager was a statement of harassing power that Manager Ellsworth held over Sherie.

226. The effects on Sherie was not just emotional, but physical. And yet, to

further harass, offend, and terrorize Sherie, Manager Joppien declared to Sherie "Gain weight

Sherie and they [management] will leave you alone." Sherie was shocked. Regarding this

event, Sherie stated:

Would she say that to a male employee? Why did she need to say that to me? Once
again, my gender was an issue that even Joppien confessed: if you are female you
better be unattractive or you will have problems in the Sheriffs administration. And
in saying what she said, she underlined that male management is to be protected.
No one cared. No one did anything about it. Management protects management.

227. Sherie agrees with Manager Joppien about the Salt Lake County Sheriffs

management team and renews her own claim: if you are female you better be unattractive or you

will have problems in the Sheriffs administration, male management is to be protected at all

cost, no one cares, and no one does anything meaningful to protect employees, Salt Lake County

Sheriffs office manager wrongfully and illegally protect management. And, even Salt Lake

Countys HR department and attorneys fully participate in that protection, thus allowing the

activity and conduct to continue.

228. For four years Manager Joppien harassed Sherie with an arbitrary use of

hair policy designed to oppress Sherie and maintain a hostile work environment, despite the

reality that 1) it was not true that Sherie violated hair policy, and 2) Joppien constantly violated

dress code (low-cut short sleeved shirts, sleeveless shirts, miniskirts, and sandals) just to

demonstrate that none of the employees could effectively challenge Joppien. On one occasion

72
Joppien told Sherie to get her hair cut just like Joppiens; such was the continual gender-based

harassment for Salt Lake County. Regarding this, Sherie states:

She wanted to control me by turning me into her. She also said the Lt. Jones should
do the same. In fact, regarding Lt. Jones, who had shown some friendly compassion
towards me, Joppien tried to stop me from having any interaction with Lt. Jones by
lying to me and stating that Lt. Jones had back peddled on protecting me and that,
therefore, Lt. Jones is not your friend.

Anyone who showed support of Sherie became the recipient of hostility from Salt Lake County

Sheriffs office management.

229. If anyone talked to Sherie in any type of supportive or friendly manor,

Joppien would try to put an end to it in an effort to control the hostile work environment Sherie

was trapped working in. On April 20, 2012, Joppien called Sherie into her office and stated to

her that Lt. Rocky Finochio needs to get off his ass, stop socializing with [her] and others and

do his job! Again, the context was clearly male/female. Joppien was not only harassing

Sherie, but doing so based upon her gender.

230. In January 2013, Manager Joppien told her that Lt. Dave Hall is not to be

involved in department issues. This was said to intimidate Sherie regarding the power Joppien

exerted; Lt. Dave Hall is the officer responsible for Sheries department.

231. Manager Joppien had been hired under circumstance established by

Ellsworth to keep eight Sherie or Beth from being able to apply for the managerial position.

Joppien did not have the arbitrary education qualifications for the management position she was

hired for, and therefore she had to try to finish her schooling while employed. So, she often did

no managerial work and, instead, did her school work at the office. Both the circumstances in

which Joppien was hired, and that fact that she could skip doing her job to work towards the

73
education requirement that was required for hiring but that she lacked, underscored that Sherie

and Beth were powerless to affect management. Additionally, Joppien spent a lot of time on her

facebook. Furthermore, Manager Joppien did not work a full week. No one cared, no one did

anything about it. Joppien was able to unabashedly demonstrate to Sherie and Beth that she

could do anything she wanted while making their jobs miserable - without consequences.

Ellsworths plan and the cooperation and support of other managers was succeeding.

232. In August 2013, Beth and Sherie were passed over for the manager

position and, despite not knowing practically anything about the work performed in the

department, Laura Motch was hired as the new manager. Sheri has stated Amazingly, if I

thought Manager Joppien was on a mission to ensure a hostile work environment, it got worse

under Manager Motch.

233. The hostile environment Manager Motch has carried on from Sue Joppien.

To address some of the issues, Sherie had an attorney send two letters to the Sheriffs Office in

an attempt to obtain some relief for Sherie. But, as Sherie has stated, no one listened. No one

cared. Nothing changed.

234. Finally, in 2016, Manager Mark Ellsworth left employment as Salt Lake

Countys Health Director at the county jail. And this was, finally, an opportunity to again raise

issues, get management to listen, and get Sherie relief. Sherie could, she thought, finally end the

horror show she had lived under for eleven years as an employee under the managerial power of

Mark Ellsworth. And, Chief Rollin Cook, another male dominator, wasnt around to protect

Ellsworth or anyone else who had protected Ellsworth. But, as it turns out, Chief Pam Lofgren

and Sheriff Winder filled in for Rollin Cook in protecting Ellsworth right up to the present day.

74
235. Through grievances Sherie had filed, and through her emails and meetings

with management, she is on the record as to the managerial failures, wrongful conduct, and

maintaining a hostile work environment that continues and builds upon the sexual harassment,

gender discrimination, and retaliation she experienced. The Sheriffs office has done nothing to

provide Sherie relief, despite it receiving correspondence from a previous attorney, Mr. Judson

Pitts, numerous attempts by her to get managerial attention and assistance, and three letters from

her subsequent lawyer.

236. During her years of employments, she has witnessed and endured as victim

of 1) the lack of care or concern the Sheriffs office has for matters of sexual harassment, gender

discrimination, and hostile work environment, 2) the willingness of the Sheriff and managerial

subordinates to encourage such conduct amongst its managers, and 3) retaliation - even when she

had specifically and repeatedly stated to management that she was full of fear and afraid of

retaliation; it came anyway.

237. To ensure hostility and oppression upon me, the Sheriffs office hired two

managers without meaningful qualifications to work as my managers. In doing so, the Sheriffs

office has kept me and my former co-worker, Beth Tarkeshian, from making career advancements

based upon years of actual knowledge and experience of our department.

238. In a hostile work environment orchestrated by Mark Ellsworth, and

supported by more senior managers, Sherie has been repeatedly harassed by managers Joppien

and Motch, and all attempts to get more senior managers to do anything about it has proven

futile.

239. On one occasion Sherie went with Manager Joppien to the property office

75
regarding a C-Pap machine. Joppien said the following to the employee there:

Im the health services nigger and I dont know what to do with this.

240. Shocked by Joppiens brazenly unprofessional and un-managerial

demeanor, the other employee complained. Sherie was call into Manager Chris Cooks office

and asked to verify what Joppien had said. In the presence of another employee, Sherie verified

it and left. What happened? Nothing. This is the type of manager that Chris Cook, Mark

Ellsworth, Chief Rollin Cook and Sheriff Winder hired and kept over skilled and professional

employees like Sherie and Beth. Their complete lack of managerial responsibility ensured

regular retaliation and a hostile working environment; it embolden managers to violate Salt Lake

County rules and employment laws. But it is even worse than being irresponsible, by engaging

in mutual protection of each other, at all costs, they guaranty that employees will never obtain

desperately needed relief and, instead, suffer year after year after year until the employee gives up

and leaves. Other employees will testify that this is true.

241. Prior to the hiring of the new manager (Laura Motch) after Joppien, it was

represented to Sherie that an employee Memorandum of Understanding (the MOU) would be

kept confidential to insure no further harassment and hostile work environment that existed under

Manager Joppien. This too was a lie because Manager Motch referred to the MOU twice as a

means to threaten and harass Sherie. This is a clear violation of what was represented to Sherie

regarding the MOU. Sherie has repeatedly been lied to by managers as she desperately tried to

protect herself.

242. Instead of providing a healthy work environment, senior management

allowed managers to harass Sherie over false hair violations, while those very managers

76
engaged in dress code violations, job performance violations, and job competency violations, and

continued the sexual harassment and hostile work environment established by Mark Ellsworth.

Even into 2017, as reflected in emails, grievances and attorney letters, the Salt Lake County

Sheriffs Office believes that the employees are the problem, not the managers. This is simply

false and designed to completely silence reports of harassment and hostility. The managers

style of management is to retaliate and wear down anyone who would complain. Managers

know that employees do not earn enough money to hire expensive attorneys. Managers know

they will be protected regardless of how bad their conduct is or how irresponsible their

managerial actions and inactions persist in being.

During my employment the following occurred:

1. Manager Ellsworth stated out loud in the presence of a witness that he wanted

to see me naked in the acute medical unit, where he would watch me all day.

2. Manager Ellsworth stated that my boobs would stick up out of a coffin.

3. Manager Ellsworth suggested I kill my husband. He stated something like

Why are you insisting on wasting so much time with Jim (my husband) in a

relationship that you get nothing (sex) out of. Just put him out of his misery

with an overdose - he wont know a thing!

4. Manager Ellsworth stated to me out loud in the lunch room you will never

be happy - you will always want bigger boobs, face lifts and tummy tucks!

All of those statements were AFTER Sheries earlier sexual harassment complaint. Yet, he felt

free to keep harassing Sherie, even in front of others. There was no stopping him or the power

he had over me as long as he was employed by Salt Lake County as a line manager over me.

77
243. Manager Ellsworth could not get away with his sexual harassment,

retaliation, and hostile work environment without people senior to him, including several Chiefs

and even the Sheriff. In 2009, Sherie attended a training meeting over at the Sheriffs office

building. Sheriff Winder was there and when Sherie walked by him she shook his hand and said

I hope that one day we can put this all behind us because I fear the truth has never been fully

heard.

244. Because of what she had been through, much of which the Sheriff cannot

claim ignorance of, should have resulted in some statement, a slight statement, or even the

slightest of statement of encouragement from the Sheriff. After all, he IS the person most

senior in the Salt Lake County office where Sherie works and the most senior person charged

with protecting employees. Did he give my any encouragement? Did he show any interest in

what Sherie said? Did he say he wanted to know what truth that might not have been fully

heard? No. Sheriff Winder responded to Sherie saying:

You (women) are all the problem, and youre a big part of the problem.

This statement was witnessed by Beth Tarkesian. Sherie could not believe Sheriff Winder had

said that. This type of callous management explains why Chief Cook said what he said in

January 2012 and conducted himself the way he did towards females.

245. Sherie was taught by her father to respect people in authority. And

Sheries father knew Sheriff Winders father. Sherie had always hoped that Sheriff Winder

would be the one to save the day, to protect her from the sexual abuse, hostile work environment,

gender discrimination, and retaliation she had experienced. Instead, to her horror, the example

of complete irresponsible management, which all the managers were following, was coming from

78
the most senior manager - the Salt Lake County Sheriff himself.

246. Following the foregoing exchange with Sheriff Winder, Sherie left the

Sheriffs office building in tears. Referring to that experience, she explains:

How does an employee stand up to that type of irresponsible bias, oppression, and
hostility? My father knew Sheriff Winders father. So, I always tried to demonstrate
my respect for the office and the men elected to it, even when Sheriff Winder seemed
to be failing to manage properly or when it appeared he was doing things that were
wrong. But, its all too much now to grant him, or his managers, the slightest benefit
of the doubt anymore. And, Im not alone.

247. As recently as March 2015, I had to meet with Manager Ellsworth to

address issues in her employment. It is wrong, terribly wrong, that Sherie had to continue

working through employment issues with a manager that sexually harassed her.

248. And, the facts even get more bizarre. Right after having to meet with

Ellsworth, Sherie was called into Manager Motchs office and informed of Motchs

recommendation for major discipline against her. Sherie was accused of violating Sheriff

Office and County policies, including insubordination and violating the MOU. Sherie

asked what the alleged facts were that supports this, and Motch would not disclose them. Thus,

the only reason for the meeting was to intimidate and harass Sherie. Motch simply repeated that

she did not like Sheries behavior. Regarding this meeting Sherie, stated What behavior? I

have been trying to protect myself from managerial hostility since I rebuffed Manager

Ellsworths sexual advances over the years. This is the horrible environment created by

Ellsworth and allowed to exist by the Sheriff and his Chiefs.

249. Sherie has been under nearly constant threat of discipline, while

managers are insulated from any meaningful corrective action. Sherie is on record about the

79
wrongful, even deceptive, managerial practices of Motch. That meeting on Sheries behavior

was clearly retaliatory and designed to silence Sherie. Motchs maintained a hostile work

environment under authority and approval of senior management.

250. Countless times Sherie felt that she could not endure this work

environment any longer. She has suffered mentally and emotionally for thousands and

thousands of hours, becoming physically ill on numerous occasions. She has suffered chronic

migraines, H Pylori, and high blood pressure caused by stress at work. She could not, however,

quit her job because she had to support herself and her critically disabled husband. In light of

what she has experienced, which is on record, have been no offers of psychological assistance,

offers of assistance from mental health professionals, offers of assistance with medical health, or

compensation for suffering. Salt Lake County has not recognized her diligent work ethic and

efforts at being a positive and valued employee through merit pay increases. Instead, what

Sherie has experienced is hostility piled on top of hostility, piled on top of hostility. It is too

much to bear.

251. One good friend who witnessed almost everything covered in this

Complaint, Beth Tarkeshian, has since quit employment with Salt Lake County because she

could no longer tolerate the environment there, or how Sherie was being treated, and how Beth

was being treated for protecting Sherie. Upon her retirement, Beth gave a documented exit

interview with the Countys HR department describing the department we work in. But, the Salt

Lake County HR department has demonstrated complete and total bias and devotion towards the

Salt Lake County Sheriff and his managers.

252. Other employees have quit employment where Sherie worked because of

80
the hostile work environment there.

253. Sherie had been hired by Salt Lake County because of her experience and

knowledge in the field of medical records.

254. During the course of her employment, she utilized and built upon her

experience and knowledge of handling and processing medical records relating to the Salt Lake

County Jail, interacting regularly with medical professionals.

255. She regularly received compliments and expressions of gratitude for her

professional, expert, and efficient handling of the prisoners medical records.

256. Her knowledge exceeded that of any manager the Sheriff hired to oversee

that department.

257. In May of 2016, in an act of retaliation, she was transferred out of the

Medical Records Department and place in a job that did not utilize her extensive knowledge and

experience and prevented her from working with medical professionals.

258. Despite claims by the Sheriffs Office, the transfer was not a lateral

transfer with the same type of duties, responsibilities, and opportunities for job development. It

was a final effort and act by the Sheriffs Office to crush Sheries spirit and get her to quit.

259. An official order is supposed to accompany the action taken to move

Sherie to another department. To date, no such order has been received by Sherie.

260. As Sheries wrongful transfer was imposed, Manager Motch was seen

giving a high five to another employee.

261. As employer of the employees, supervisors, managers, Lieutenants,

Captains, Chiefs, and Sheriff, whos conduct is complained herein, Defendant is legally

81
responsible and liable for all conduct and all deprivations, harm, injury, and damages experience

by Sherie.

262. Defendants employees acted both individually as agents of Defendant,

and in concert with each other.

263. The wrongful actions and inactions of Defendant began with sexual

harassment, continued with sexual harassment, interjected gender-based discrimination,

prevented equal protection under the law, denied First Amendment protections of protected

speech, breached employment contracts, created a hostile work environment, initiated, condoned,

and maintained retaliation, and endeavored to hide and conceal wrongful and illegal actions and

inactions, and endeavored to mislead and discourage Sherie from successfully obtaining help and

assistance, whether within Defendants organization or outside of it. As such, the first act of

Defendant is tied to and connected with the last act of Defendant.

264. The conduct of Defendant represents a pattern of activity wherein

employees are repeatedly abused, disregarded, not respected, not protected, and not heard.

265. As a matter of public policy and responsible governance, as a

governmental entity of the State of Utah, Defendant owed a heightened duty to its employees,

including Sherie, and failed to honor those duties.

266. Citizens of Utah and the United States, whether individuals or

incorporated entities, learn what is acceptable behavior by what government employers are held

accountable for, and what they are allowed to ignore.

82
First Cause of Action
Sexual Harassment

267. Plaintiff hereby incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

268. Defendants actions and inactions have caused Sherie emotional pain,

suffering and distress, caused physical ailments, negatively impacted her professional reputation,

and limited her career advancement and pay increases.

269. Defendants actions were taken with malice and were wanton, reckless and

in knowing disregard for Sheries legal rights.

270. Sherie has suffered, and will continue to suffer, losses and damages as a

result of the Defendants conduct.

271. Sherie is entitled to injunctive relief, compensatory damages, punitive

damages, and attorneys fees and litigation costs.

Second Cause of Action


Gender Based Discrimination and Hostile Work Environment In Violation of
Title VII

272. Plaintiff hereby incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

273. Defendants actions and inactions have caused Sherie emotional pain,

suffering and distress, caused physical ailments, negatively impacted her professional reputation,

and limited her career advancement and pay increases.

274. Sherie has suffered, and will continue to suffer, losses and damages as a

result of the Defendants conduct. Sherie is entitled to injunctive relief, compensatory damages,

83
punitive damages, and attorneys fees and costs.

Third Cause of Action


Retaliation in Violation of Title VII

275. Plaintiff hereby incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

276. As an employee of Defendant Employer, Plaintiff is engaged in protected

activity by good faith reporting and complaining about sexual harassment, gender-based

discrimination, and hostile work environment.

277. Defendant, through its managers and supervisors, wrongfully retaliated

against Sherie, and any of her co-workers who supported her, for reporting sexual harassment,

hostile work environment, gender-based discrimination, wrongful behavior, and making such

complaints.

278. Defendants actions and inactions have caused Sherie emotional pain,

suffering and distress, caused physical ailments, negatively impacted her professional reputation,

and limited her career advancement and pay increases.

279. Sherie has suffered, and will continue to suffer, losses and damages as a

result of the Defendants conduct. Sherie is entitled to injunctive relief, compensatory damages,

punitive damages, and attorneys fees and costs.

Fourth Cause of Action


Retaliation in Violation of Sheries First Amendment Rights
In Violation of 42 U.S.C. Sect. 1983

280. Plaintiff hereby incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

84
281. As an employee of Defendant Employer, Plaintiff a constitutional right to

speak up and engage in reporting and complaining about sexual harassment, gender-based

discrimination, and hostile work environment. Her speech involved important employment

matters of a governmental employer and her speech was protected by the First Amendment.

282. Defendants actions and inactions have caused Sherie emotional pain,

suffering and distress, caused physical ailments, negatively impacted her professional reputation,

and limited her career advancement and pay increases.

283. Sherie has suffered, and will continue to suffer, losses and damages as a

result of the Defendants conduct. Sherie is entitled to injunctive relief, compensatory damages,

punitive damages, and attorneys fees and costs.

Fifth Cause of Action


Section 1983 Violation of the Equal Protection Clause for the U.S. Constitution

284. Plaintiff hereby incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

285. Defendants conduct denied Sherie of established constitutional rights of

equal protection.

286. Defendants actions and inactions have caused Sherie emotional pain,

suffering and distress, caused physical ailments, negatively impacted her professional reputation,

and limited her career advancement and pay increases.

287. Sherie has suffered, and will continue to suffer, losses and damages as a

result of the Defendants conduct. Sherie is entitled to injunctive relief, compensatory damages,

punitive damages, and attorneys fees and costs.

85
Sixth Cause of Action
Breach of Contract

288. Plaintiff hereby incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

289. Sherie had, at a minimum, an oral contract for providing services in

exchange for an hourly wage.

290. Pursuant to Utah law, parties to a contract have a duty of good faith and

fair dealing.

291. Defendant breached its duties owed to Sherie as an employee and therefore

breached her contract.

292. Defendant is liable for all proximate and forseeable damages relating to its

breach of contract.

293. Defendants actions and inactions have caused Sherie emotional pain,

suffering and distress, caused physical ailments, negatively impacted her professional reputation,

and limited her career advancement and pay increases.

294. Sherie has suffered, and will continue to suffer, losses and damages as a

result of the Defendants conduct. Sherie is entitled to injunctive relief, compensatory damages,

punitive damages, and attorneys fees and costs.

Seventh Cause of Action


Negligent, Reckless, and Intentional Infliction of Emotional Distress

295. Plaintiff incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

86
296. Defendant negligently, recklessly and/or intentionally case Sherie

emotional distress.

297. Defendants actions and inactions have cause Sherie distress in the form of

anxiety, emotional pain and suffering, all of which has additionally caused physical ailments, and

all of which have negatively impacted her professional reputation, and limited her career

advancement and pay increases.

298. Sherie has suffered, and will continue to suffer, losses and damages as a

result of the Defendants conduct. Sherie is entitled to injunctive relief, compensatory damages,

punitive damages, and attorneys fees and costs.

Eighth Cause of Action


Fraud

299. Plaintiff incorporates all prior allegations set forth in the preceding

paragraphs of this Complaint.

300. Over the course of Sheries employment, Defendant made oral and written

representations to Sherie that as an employee employed by Defendant, that she would be

protected from sexual harassment, gender-based discrimination, hostile work environment, and

retaliation, and that if she reported such, Defendant would take it seriously and take action to

discipline the violators and protect the employee.

301. The foregoing representations were false.

302. The foregoing representation were made with the intent that Sherie rely on

them.

303. Sherie did reasonably believe those representations were true and did

87
reasonably rely on their truthfulness.

304. Sherie has been damaged by Defendants fraud.

305. Sherie is entitled to injunctive relief, compensatory damages, punitive

damages, and attorneys fees and cost.

Demand for Jury Trial

306. Sherie hereby makes a formal request that a jury be impaneled to receive

the facts of this matter, that the jury be instructed regarding the applicable law, and that she be

allowed to present her causes of action to her fellow citizens for a final verdict.

Prayer for Relief

Wherefore, Plaintiff prays for judgment against Defendants as follows:

1. Declaratory relief in the form of public acknowledgment that management of

Defendant employer

a) sexually harassed Plaintiff;

b) allowed the sexual harassment of Plaintiff by non-management employees;

c) retaliated against Plaintiff; and

d) maintained a hostile work environment for Plaintiff.

2. Injunctive relief, whereby Defendant employer is ordered to cease and desist all work

environment hostilities and retaliation;

3. A mandatory injunction where by Defendant employer is ordered to conduct

independent investigations when employees inform management of sexual harassment, hostile

88
work environment, or retaliation;

4. Compensatory and consequential damages for emotional pain & suffering;

5. Punitive damages;

6. Attorneys fees and all costs of this action, including expert witness fees;

7. Such other relief as the Court may deem proper under the circumstances of this case

the spread out over a fourteen-year period.

Dated this 20th day of October, 2017.

Nathan W. Drage PC, Inc.

By: /s/ Nathan W. Drage


Nathan W. Drage

89

You might also like