MEMORANDUM

To: Robert Thompson, City Attorney, Sandy City

Cc: Joshua D. Chandler, Senior Civil Attorney, Sandy City

From: Liesel Stevens, Ray Quinney & Nebeker

Re: Confidential Investigation Report- Sandy City

Date: April 26,2018

At the request ofSandy City, an investigation was conducted b^Ra^^uinne^^
Nebeker,PC,regarding a complaint of unlawful harassment made by|
against Matthew Huish, Chief Administrative Officer. The investigation was
conSucte^ursuant to Sandy City's employment policies regarding Equal Employment
Opportunity and Unlawful Treatment. The attached report details the information gathered
during the investigation, and the investigator's factual findings, analysis, and conclusions.
 EXECUTIVE SUMMARY

A. Summary of Allegations

An investigation was conducted in response to a complaint Matthew

Huish sent her unprofessional emails, paid attention to her in a way th^^nad^ie^eel
uncomfortable, and intruded upon he^ersonalspacewhenspeakh^^
luncheon. has decided because
of Mr. Huisn^onduct.
B. Summary of Factual Findings

Mr. Huish sentj^^HH the emails attached as Exhibit A. was bothered by

thS^merCi
these emails and by hersens^hat Mr.Huish was friendlier to her than other City employees.
Mr. Huish explained that his emails were part ofhis attempt to be friendly and apm^^^^.He
claims he had no interest in anything other than a friendly work relationship with^m^ and
others.

There is evidence that Mr. Huish briefly leaned in to speak to]

luncheon, causing her discomfort.

I appeared genuine!Iv upset

iset about
aboi] Mr. Huish's conduct. On the other hand, Mr.

Ihb
Huish said he was very surprised by^
uncomfortable by anything he said or
complaint. If he had any idea she was
would have apologized and corrected his ways.
)r did, he woi

C. Summary of Analysis

Mr. Huish's emails were unprofessional and inappropriate at times.

However,they were not sexuaUi^^Sand did not create an abusive work environment.It is
unfortunate that Mr.Huish caused^H|H to feel uncomfortable, but the evidence does not
support a finding that Mr. Huish sexuallynSassed her in violation ofthe City's policies or the
law.
 INVESTIGATION REPORT

I. INVESTIGATION

A. Complaint

first approached Human Resource^toi^emenj

re complaint on or about April 10,2018.^^^^^ toldp
she had a"bomb to drop" in the
jorm ot a complamt.sne saia sne was nor sure sne wanted to give detoUyjet^ut gave an
example ofan email she had received that made her uncomfortablepHjH later came back
and reveMe^hat her complaint was about Matt HuiSi^n^ave a copy ofthe
ofi^^^^ffllstoHj|H|^B which are attached hereto as Exhibit A.In addition, she
complained toj^^HKnatMr.Huish often sent her emails at night, made comments about
wanting to takehenHunch and dinner, and got"in her face" at a recent employee luncheon, all
of which made her uncomfortable.

B. Investigation Process

The following individuals were interviewed as part ofthe investigation:

DATES OF INTERVIEWS
Interviewees

April 17,2018

April 17,2018

April 18,2018

April 18,2018

April 18,2018

Matthew Huish, Chief Administrative April 19,2018

Officer

n. FACTUAL FINDINGS

A. Summary of Interviews

1.

reports directly to
e nas wor or Sandy City for approximate
 Starting in January ofthis year, Mr.Huish began sending her emails late in the evenings(at
9:30 pm for example). At first she replied right away,but when he continued emailing her after
hours, she felt uncomfortable and decided to wait until the next morning to respond. The emails
were generally limited to work issues, but occasionally he wrote her about non-work matters,
such as a story about being interviewed on the streets ofNew York. She thought it was odd.
She was uncomfortable by Mr. Huish's email to her on February 1,2018 when he wrote:
"So,I already felt like I owed you lunch after all th^ime you've spend [sic] trying to get me to
understanding but now,after meeting withjm ^ ^ ^expensive dinner.
Haha."

Mr.Huish sent her another email on Friday, February 8 at 5:30 pm,in which he wrote:
"OK, you still around? You could alwaysjump over to my 'hood. It's pretty quiet over here,
other than my rock n' roll blasting! Let me know ...Keep smiling, M." She knew that most
people had already left for the day,so she was bothered that he asked her to come by his office at
that time of day. Instead, she left without responding.

On March 20, an email employees regarding the

at Sandy Cit^all. Mr.Huish respondedtb|
^vrote^^Dang it! Did I miss this opportunityj^ear it's great fun!
(This is the email that^HlH first complained about
The next day, Mr. Huish came toHmHjoffice to talk to her. He said he wanted to
yet to know her better(which she told meshedi^iot mind). They talked about the City's
I Mr. Huish wa^ntereste^i^iyiroera^ tin^vidi
to set up a meetin^vid^
^ to further discussH||H||H|H H||||H|was nervous discussing
I with MrJHuishbecaige shethoupn^ould looHiKhe was going directly to him
hmnSia
circumv^itu^ Subsequ^^ly^^^r^w^s a "team meeting attended by Mr.Huish,
nervous during the meeting
SSiseSreltnerSSanc^asoutSde dienonnm protocol. She said that normally she
would report who would work directly with the CAO.She was also nervous
whaiMnHuis^^^^^^e meeting that he wanted her to go with him to a luncheon about
She did not want to go anywhere alone with him.

was bothered by what she perceived to be Mr. Huish's interest in her. She did
not knov^Hi^vas romantically interested in her necessarily, but he was always very nice to her
in a way that was different from his interactions with other City employees. To others, he was
often abrasive and abrupt, but not to her. She was uncomfortable also in light of his emails to
her, such as those attached as Exhibit A. She felt like there was going to have to be a "price" for
his friendliness and attention. When I asked what that meant,she said she felt like he expected
something in return, although he never actually said so.

was uncomfortable at work but didn't think she could say anything to
anybody. Instead she
 At a recentj^^^HJundie^ said that Mr. Huish approached her, moved in
very close to her, anc
ntense^ggre
She felt he was very intense, aggressive,,ancfphysically
— ^ too close. When they sat down for
lunch, Mr.Huish sat at|HH which she felt was unusual. She felt uncomfortable because of
their interaction and leffthehmch early. She later heard that Mr. Huish abruptly left the table
shortly after she did.
She can't imagineJPH
but is grateful she said something about Mr. Huish. She doesn't want others to have to work in
this sort ofenvironment. She never said anything to Mr. Huish about her discomfort or asked
him to change his behavior because she did not know how to say it. She also feels that the culture
at Sandy City has been that nothing is done when people complain.
said that Mr.Huish never said anything sexual toher^^e any offensive
commeSstSSrtouched her, or otherwise acted inappropriately. became emotional
at times diuing her interview.

2.

m has
observe llnsh cometo^^^Bj^^^^po^^^^^Mi^Ios^ie ooor on multip [pie
occasions saidHjhear<niimcair|^^|M'jjjH^Hjm^n^^an^exy"something
coul remei^S* the exact wor^^^Sd) m^ere^^ier 'and/or "wild
said that Mr.Huish generally "speaks down to people" and is unfriendly, but
that he is very tiiendly to

also sits worksmmi

zeHiaffiRiuisIns more
has observe^Sia^Gr^Iuisins more friendly
friendl^owSd
towards
told her more than once that she was uncomfortable
around Mr. Huish

was withH|H||||when Mr.Huish at jroached her at the^

luncheon, said th^^fjFiuish approached] in an intense wa^ close

to her. ispered something about]

observed ho^mcon^ortaBIe|H^H|w2S^imng their interaction.! also sat

aftlie'same'table and sawP^^^^^I leave e^^yy^^^^hen noticed that Mr.Huish lei ie table
shortly after lei
4.

confirmed that she is not aware ofany other sexual harassment complaints
about has received informal complaints from employees who say that Mr.Huish
is condescending, unfriendly and difficult to work with.
 understood thatjH^^^a^^ Mr. Huish to workoi^e|
't it made sense to navem|^|present durindfl^^meetings with
WM has not observed anything unusual aboutMr^uish's
interactions wi .^Iraiough it is somewhat unusual for the CAO to be involved in|
such as' Mr. Huish has similarly become involved in programs in other
epartments, e.g.,IT.

5. Matt Huish

Mr.Huish said he was astounded by| complaint. He thought they had a good,
friendly working relationship and claim^i^ Totfr^her differently from anyone else. He
said he is very sad to learn that he made^^ uncomfortable and wishes she had said
something to him about it.

Mr. Huish explaine^ia^fte^e started the CAO position in January ofthiyje^^

asked his predecessor, advice. According to Mr. Huish,
advised him to get to Imo^heSfWor example, he should roam the halls, ask them about their
family, let them know you care, share your life, and connect witl^eople^r^ish was
concerned that he came across as too cold, so he decided to take^jj^P^^^^^^dvice. That is
the context in which Mr. Huish tried to establish a friendly rapportwmI^^^^|and others.
I showed the emails(Ex. A)to Mr. Huish and asked him to explain. He said he uses the
same friendly and informal email style with everyone at work. To avoid an impression that his
subordinates should fear him or try too hard to please him,he purposefully uses^asual email
style to come across as a "normal guy/^Hedid not actually intend to to lunch
or dinner. When I asked about the||^^|P|||^^^P email(dated March 20), h^^^plam^ that he
was trying to be fimny, nothing else.

Mr. Huish rem^n^gr^iat^^^^m^l invited toK meetings in

which theydiscu^ed||B|^H|H|^n^ other programs. He Duld not care less
whetherH^^H wa^nvolve^i^nat her participation never entere^ii^to®!
conscioiSes^^e was simply interested in learning more about and exploring
ways to improve them.He has similarly involved himselfin question^bouttheGroupWise
system used by the City's IT department.

Mr. Huish recalled that he at at th^P^^H luncheon to ask her:

le said she respondeny sayinf
le said ne spoke sottly because he thought she had|
and wanted to be discrete. He denies getting inappropriately close to
ler when they were talking. He wasdistocJo^^l^luoiSi®^people at the luncheon. He also
said he did not remember sitting sat. He got up abruptly because the
Mayor introduced him as the next spez

Mr. Huish denies ever callingl mama" or "sexy" something or

anything similar in nature. Also, Mr. Huish explainec lat he often sends work emails in the
evenings(to everyone, notjust] because he is busy with meetings during the day and
doesn't need that much sleep.

Finally, Mr. Huish denies that he was ever interested in a romantic or social relationship
with^^iUli He said that ifhe knew she was ever uncomfortable around him, he would have
)ehavior and apologized. During the interview, Mr.Huish seemed sincere and
jcte^u^el
correcte
credible

m. ANALYSIS & CONCLUSIONS

Sandy City's Equal Employment Opportunity and Unlawful Treatment policies prohibit
sexual harassment and inappropriate sexual conduct, including but not limited to unwelcome
sexual flirtations, advances, propositions, or touching; verbal or written abuse ofa sexual nature;
and other conduct ofa sexual nature which is inappropriate for the workplace. Under Title VII,
sex harassment is actionable "only if it is so severe or pervasive as to alter the conditions ofthe
victim's employment and create an abusive working environment." Clark County School Dist. v.
Breeden,532 U.S. 268,270(2001). Title VII also prohibits quidpro quo sexual harassment,in
which employment benefits are conditioned upon sexual favors.
Mr. Huish's emails to^^H|| attached as Exhibit A,include comments and banter
that come across as overly casuaRimnappropriate in an office environment. However,the
emails are not sexual in nature and, in light ofthe interviews, instead appear to be an awkward
attempt by Mr. Huish to establish a friendly rapport with|
Mr.Huish wrote in his February 1 email that he felt like he owed lunch or an
expensive dinner, but denies it was an actual invitation. Instead^ased on the context ofthe
email, it seems to be Mr. Huish's clumsy way of assistance with
coordinating Likewise, Mr.Hmsn^March 20 email to|
regarding the appears to be a strange and inappropriate attempt at
humor.

Mr.Huish's friendliness to||H||^|during their workplace interactions was not sexual

in nature. has not allege^iani^uche^er^ropositioned her, or made any sexual
or offensive comments or advances. Although|H|||U|rsaid she felt that there would be a
"price" for Mr. Huish's friendliness, she does notclamnihat he ever sai(^iat^Ior does she claim
that he ever conditioned employment benefits on sexual favors. Indeed, said she did
not know whether Mr. Huish had a romantic interest in her.

Finally, Mr. Huish's brief interaction with] at the luncheon did not
constitute harassment ofa sexual nature.

Mr.Huish's emails attached as Exhibit A,albeit unprofessional and inappropriate at

times, do not fall within the definition ofsexual harassment under City policy or Title Vn.It is
unfortunate fhat|||H|[|H felt uncomfortable, but I do not find that Mr.Huish harassed her in
violation ofthe City^policies or the law.
EXHIBIT A
From: Matthew Huish
Sent: Wednesday, January 31, 2018 10:10 AM
To:
Subject:

Of course! I ALWAYS have time for YOU!

HEAftT OF THg VVASATCH

Matthew B. Huish
Chief Administrative Officer
10000 S. Centennial Parkway, Ste. 300
Sandy, UT 84070
o: 801.568.7102
c: 435.901.4488

On Jan 31,2018, at 10:04 ).SANDY.UTAH.GOV> wrote:

Can you meet now?

On Jan 31,2018, at 10:03 AM,Matthew Huh wrote:

Well, that's VERY flattering, but I DON'T want to anything to do with

"trump"ing, - so let me know when YOU might be available?

I'm pretty open all morning, and I think I'm on the "hill" this afternoon, but only
meeting with the Governor,- but you trump that meeting, RIGHT?

Let me know...

Keep smiling,
M

<SandyCityLogp_Color.jpg>
Matthew B. Huish
Chief Administrative Officer
10000 S. Centennial Parkway, Ste. 300
Sandy. UT 84070
o:801.568.7102
0:435.901.4488
mhuish@sandv.utah.aov

On Jan 31.2018,at 10:00 AM,|

1SANDY.UTAH.G0V> wrote:

I am here today,scheduled in meetings most ofthe

day however you Mr Huish trump my meetings:). What time
works best for you today?

On Jan 31,2018, at 9:54 AM,Matthew Huish

<mhuish@sandv.utah.gov> wrote:

Good Morning

Are you in and/or available today to talk this

email^m through in person? I do better with a
"dialogue".

Thoughts?

Thanks,

<SandyCityLogo_Color.jpg>

Matthew B. Huish
Chief Administrative Officer
10000 S. Centenniai Parkway, Ste. 300
Sandy,UT 84070
o: 801.588.7102
0:435.901.4488
mhuish@sandv.utah.aov
On Jan 30.2018, at 4:17 PM,

SANDY.UTAH.GOV>
wrote:

Hello Matt,

looked over^|[^m|^|(which
are attached). Nice thing is you have
two veryj^m^B - now I know
they both are going to be a little
different
- so let me try and break
down the highs and iowj

Bottom line.
Should you decide
If you have any questions
or concerns, please feel free to give me
a call. If after hours is best - you have
my cell phone number listed below.

Have a nice nightl

<Mail Attachment.bmp>

10000 S. Centennial Parkway I Sandy, UT 84070

The information contained In this e-mall

the sender via telephone or by return e-mall

 Matthew Huish
Thursday, February 01, 2018 1:03 PM

So, I already felt like I owed you lunch after all the time you've spend trying to get me to understand
- but now,iter meeting with^m,I think I owe you an expensive dinner. Haha
Thank you, thank you, thank you for your expertise, knowledge and ability to communicate all ofthat in simple
terms. What a wonderful in-house resource Sandy City has in you!

With sincere appreciation,

HEAAT OF THE WASATCH ft/

Matthew B. Huish
Chief Administrative Officer
10000 S. Centennial Parkway, Ste. 300
Sandy, UT 84070
o: 801.568.7102
c; 435.901.4488

On Feb 1,2018, at 10:50 AM, )SANDY.UTAH.GOV> wi'ote:

Helio Matt,

I am sure^^l as already talked to you - but I also wanted to let know you that we had in place
yesterday will remain the same. We hav
. You are going to

i also walked^^l through so t think you are good to go now. Shouldj lyou have
any questions or concerns - please let me know.
Have a great dayl

10000 S.Centennial Parkway

| Sandy, UT 84070

Fax:]

contained

mme
 Matthew Huish
Thursday, February 08,2018 5:30 PM

Re: Just checking In...

OK, you still around? You could always jump over to my 'hood. It's pretty quiet over here, other than my rock
n' roll blasting!

Let me know...

Keep smiling,

HEART or THE WASATCH^

Matthew B. Huish
ChiefAdministrative Officer
W:801.568.7102
C: 435.901.4488

10000 S. Centennial Parkway, Ste. 300

Sandy. UT 84070

On Feb 8,2018, at 4:47 PM,| )SANDY.UTAH.GOV> wrote:

I can play now sorry I missed you I You need Co speak up when you are near, thej I can always find

lOOOO S. Centennial Parkway

| Sandy, UT 84070
»> Matthew Hulsh <mhuish(a)sandv.utah.gov> 2/8/2018 4:34 PM »>
I just came by your house to see if you could play, but you weren't home.

See you in the sandbox...

<Mall Attachment.jpeg>

Matthew B. Hulsh
Chief Administrative Officer
10000 S. Centennial Parkway,Ste. 300
Sandy, UT 84070
o:801.568.7102
c:435.901.4488
mhuish@sandv.utah.aov

On Feb 8,2018,at 3:52 PM, li(S)SANDy.UTAH.GOV> wrote:

No HR violation here:) Grateful to hear all Is goodlll Yes I couldn't agree with you more.
Every day IS a gift! One we all are guilty offorgetting every now and then!

<Mail Attachmentbmp>

10000S.Centennial Parkway
| Sandy, UT 84070
O:

Fa

The Information contained In this e-mail

error, pieose imme

»> Matthew Hulsh <mhulsh(S)sandv.utah.BOV> 2/8/2018 3:47 PM >»

Hey Girl,(is that a HR violation)?

Nice to hear from you.As they say,"Every day is a gift",- which I fully believe and try to
embrace.

All good on MY side! I'll swing over and give you an update.

2
Thanks for reaching out.

Warmly,

M
<Maii Attachment.jpeg>

Matthew B. Huish
Chief Administrative Officer
10000 S. Centennial Parkway, Ste. 300
Sandy. UT 84070
o: 801.568.7102
c: 435.901.4488
mhuish@sandv.utah.qov

On Feb8,2018,at 3:43 PM, >@SANDY.UTAH.GOV> wrote:

Was thinking about you.... hope aii is weii in your world :)

^ record's Viim airyA

<Maii Attachmenf.bmp>

10000S.Centennial Parkway j Sandy, UT 84070

Fan

The Information contained In this e-mail are private and may contain Protected Health
Information. This Information Is confidential, privileged, or otherwise protected from disclosure. It
Is Intended only for the use of the authorized individual as indicated in the e-mall. Any
unauthorized disclosure, copying, distribution or taking of any action based on the contents of this
material Is strictly prohibited and will be punished to the full extent of the law. If you have
received this email In error, please Immediately notify the sender via telephone or by return e-
mall
 Matthew Huish
Friday, February 23, 2018 5:38 PM

You were there and I was not, - now I am there and you are not!

Tag, you're IT! I live in my office so chances are better if you come to me. Haha

Have a GREAT weekend!

HEART OF THE V/ASATCH V

Matthew B. Huish
ChiefAdministrative Officer
W:801.568.7102
C: 435.901.4488

10000 S. Centennial Parkway, Ste. 300

Sandy. UT 84070

On Feb 23.2018, at 2:19 PM, ).SANDY.UTAH.GOV> wrote:

Did you get lost again....? Exit your suite, again at and yes.
again at and BINGO - you have arrived :]

<Mall Attachment.bmp>

10000 S. Centennial Parkway

| Sandy, UT 84070.
 you have received tnis email in error, please tmmediaceiy nodry the sender via telepnone or Dy

»> Matthew Huish <mhuish@sandv.uta 2:07 PM >>>

OK, you're right! I'm coming over NOW!

Keep smiling,

<Mail Attachment.jpeg>

Matthew B. Huish
ChiefAdministrative Officer
W:801.568.7102
C: 435.901.4488

10000 S. Centennial Parkway, Ste. 300

Sandy, UT 84070

On Feb 23,2018,at 1:55 PMl )SANDY.UTAH.60V> wrote:

Now how busy can you be on a Friday afternoon??????

<Mail Attachment.bmp>

lOOOO S. Centennial Parkway

| Sandy, UT 84070

fl^sandy.utafvRoy

The Information contained In this e-mal) are

s email In error, please Immediately no

»> Matthew Huish <mhulsh@sandv.utah.gov> 2/21/2018 12:42 PM »>

Hevllll
Well, I hope||m|has informed you that I've swung through several times hoping to "catch
you", but to no avail. But, I'm not a man who is easily dissauded,so expect to see me trying again
soon! Haha

Keep smiling,
<Mail Attachment.]peg>

Matthew B. Huish
ChiefAdministrative Officer
W:801.568.7102
C;435.901.4488
mhuish@sandv.utah.QOV

10000 S. Centennial Parkway, Ste. 300

Sandy, UT 84070

On Feb21, 2018, at 8:37 AM,| )SANDY.UTAH.GOV>

wrote:

Good morning Mattl I am sorry you missed

all things considered - i think several of our
employees we unable to attend due issues, so you are in
good company :)

No we have not caught up, I know you are a busy man,so I am hoping It Is still
on YOUR To Do list!

Have a great day and hope we get to catch up soon!

<iviall Attachment,bmp>

10000S. Centennial Parkway Sandy, UT 84070

sandv.utah.Bov

The Information contained In this e-mail are

you have
^ceimnni^l7iaini^rror^!eos^mme3IarcJ^To!n^R^et?3e^I^eIep!?one or by return e-
mail

»> Matthew Hulsh <mhuish@sandv.utah.gov> 2/21/2018 6:24 AM »>

GRRRRI11 Sorry I missed it. I heard it was great! Got stuck dealing with a
burning platform.

Hey, did we ever catch up or is that still on my To Do?

Keep smiling,

<Mail Attachment.)peg>
Matthew B. Huish
ChiefAdministrative Officer
W;801.568.7102
C: 435.901.4488

10000 S. Centennial Parkway, Ste. 300

Sandy, UT 84070

On Feb 19,201S, at 4:05 PM,

SANDY.UTAH.60V> wrote:

<Ma[l Attachment.bmp>

10000 S. Centennial Parkway Sandy, UT 84070

sandv.utah.eov

The inrormatlon contained In this e-mail are

you nave receivco this email In errorTplease

mmeaiateiy notiry the sender via telephone or by return e-mail
From: Matthew Huish
Sent: Tuesday. March 20,2018 9:45 PM
To:
Subject:

Dang it! Did I miss this opportunity, I hear it's great fun!

On Mar 20.2018, at 8:15 AM,I )SANDY.UTAH.GOV> wrote;

<Mal) Attachment.bmp>

100005. Centennial Parkway [ Sandy, UT 84070

Tne information contained In this e-mail are

you nave recc'vea cnis email in error, please immediacely nonry Uie sender via telephone or by