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Q&A
Legal representation process for city employees accused of sexual harassment
3:11:09
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Council Member Lincoln Restler questions Randy Mastro about the process for determining legal representation for city employees accused of sexual harassment. Mastro acknowledges his unfamiliarity with current procedures but commits to reviewing and evaluating the protocols if appointed.
- Mastro agrees that employees acting outside their scope of employment typically wouldn't be represented by the corporation counsel
- Discussion on whether violations of city rules or regulations disqualify employees from representation
- Mastro commits to re-examining current representation decisions if appointed
Lincoln Restler
3:11:09
I'd like to just shift gears to another topic.
3:11:13
Could you briefly explain your understanding of the process by which the law department determines whether or not to represent an employee accused of sexual harassment?
Randy Mastro
3:11:24
I have not been involved with the law department.
3:11:29
I I remember what the procedures were 25 plus years ago.
3:11:32
I know there are protocols for doing that.
3:11:34
I would want to review it when I get there.
3:11:37
I would want to evaluate the protocols to see whether I think they're appropriate or not, and I would commit to do that.
3:11:42
I'm not familiar with the program.
Lincoln Restler
3:11:44
I'll I'll tell you the the the upshot.
3:11:46
Law department will determine if the employee was acting within the scope of his or her public employment and in the discharge of his or her duties and was not in violation of any rule or regulation of his agency at the time of the alleged act or a mission occurred.
3:11:59
So yes or no, is it correct that if the corporation council determines that employee was acting outside the scope of their employment, the employee is not entitled to representation as far as you understand.
Randy Mastro
3:12:11
I think as a general proposition, while each case depends upon its facts, I think that is correct.
3:12:16
Correct.
3:12:16
The employee acted outside the scope of their employment.
3:12:20
That would be different.
Lincoln Restler
3:12:21
And yes or no, is it correct that the corporation council determines that an employee acting in violation of any rule or regulation at the time of the alleged incident that that employee is not entitled to representation.
Randy Mastro
3:12:33
Again, it depends upon the facts of of each case, and we don't in the context of potential civil representation or in the context of a criminal case, we don't prejudge the individual based on the allegations in a criminal or a civil complaint.
Lincoln Restler
3:12:51
Of course, we don't prejudge.
Randy Mastro
3:12:52
But if you believe the fact of the matter the fact of the matter is these issues depend upon a deep dive factually, and I would wanna review the law department's protocols to determine whether I thought they were appropriate, and I will reform them accordingly.
3:13:06
But I don't believe
Lincoln Restler
3:13:07
So let me because
Randy Mastro
3:13:08
the law department represents people who act outside the scope of them.
Lincoln Restler
3:13:11
Well, they're certainly not supposed to.
3:13:13
Do you believe that if reasonably verified, repeated sexual harassment is in violation of a rule or regulation of the city?
Randy Mastro
3:13:21
Well, obviously, sexual harassment is not something that's condoned by the city.
Lincoln Restler
3:13:29
If appointed, would you agree to re examine the current representation decisions to confirm that they meet the appropriate standard?
Randy Mastro
3:13:35
Yes.