After an internal investigation substantiated sexual harassment claims brought against former Bowser administration figure John Falcicchio, the D.C. Council has taken steps to ensure the validity of the findings and further explore allegations of bullying in the Office of the Deputy Mayor for Planning and Economic Development (DMPED).
In the latest juncture of that quest, the council unanimously approved emergency legislation introduced by D.C. Council member Brianne Nadeau (D-Ward 1) that triggers the launch of an independent review of the Mayor’s Office of Legal Counsel (MOLC)’s investigation.
“Credible accusations of harassment against one of the most powerful people in D.C. makes it clear that investigations need to be conducted [independently.],” Nadeau said on Tuesday shortly before the council vote. “There were widespread concerns about how the investigation was handled. I want to acknowledge the bravery of the women who came forward to share their experiences. We have a responsibility to them and all 36,000 district government employees.”
On July 5, Nadeau introduced the emergency legislation that requires the District’s inspector general to hire independent counsel to review MOLC’s report, along with formal and informal complaints that former and current employees have levied against Falcicchio as part of the investigation.
Shortly before the D.C. Council’s vote, Nadeau submitted an amendment that limits spending on the independent investigation to $450,000, an amount the office said it could support in its existing budget.
The emergency bill, titled the Sexual Harassment Investigation Review Emergency Declaration Resolution of 2023, followed Nadeau’s introduction of another bill that would’ve required a similar response for future sexual harassment complaints against mayoral appointees, including deputy mayors, agency and sub-agency heads, and officials appointed by the mayor to boards and commissions.
MOLC released the findings of its months-long investigation into Falcicchio on the evening of June 17, during the Father’s Day/Juneteenth holiday weekend — a move that sparked concern and skepticism among some District residents and elected officials about D.C. Mayor Muriel Bowser’s sincerity about maintaining transparency and holding D.C. government officials accountable in sexual harassment cases.
Since the release of MOLC’s report, attorneys Debra S. Katz and Kayla Morin, who are representing the first complainant, took on another client who’s accused Falcicchio of sexual harassment.
A growing number of D.C. council members demanded an independent investigation. On Monday, D.C. Council members Brooke Pinto (D-Ward 5) and Zachary Parker (D-Ward 5) expressed their support for the emergency legislation, with Parker calling it a matter of workplace safety.
On Tuesday, Parker once again expressed his support for the measure.
Days prior, Bowser said she didn’t support an outside investigation, not only telling press corps members that she trusted the current investigative process but that an outside investigation could incur a high cost to District taxpayers. Even though she later said she wouldn’t veto the emergency legislation, Bowser doubled down on her assertion about an outside investigation, saying that the D.C. inspector general already has the power to do what’s onlined in the emergency legislation.
From the start of the investigation on March 10, the MOLC sexual harassment officer interviewed the employee from the Office of the Deputy Mayor for Planning and Economic Development (DMPED) who issued the initial complaint that led to Falcicchio’s resignation, along with more than 20 other former and current D.C. government employees.
The officer also reviewed thousands of emails and other documents, a process taking four visits and 13 hours. After completing the investigation, the officer submitted her report to the MOLC director and deputy director who then reviewed the report before sending it to Bowser.
Falcicchio declined to participate in the investigation.
The report outlined allegations that Falcicchio made sexual advances, exposed his sexual organs, sent thousands of inappropriate messages via various social media and instant messaging platforms, and used the DMPED office as a “dating ground” where engagement in sexual activity yielded promotions and favorable assignments.
Other allegations concerned an employee’s demotion within DMPED that higher ups framed as a lateral transfer from one unit in the agency to another, retaliation against employees for turning down sexual advances, the monitoring of employees’ whereabouts via Snapchat, and messages instructing complainants to go home or demanding sex. The complainant also alleged that, in the aftermath of her complaint, DMPED senior staff members removed her from projects, excluded her from work-related emails and failed to respond to work-related inquiries.
Out of the eight allegations, MOLC’s sexual harassment officer found two — physical sexual advances and inappropriate messages — substantiated, thus constituting sexual harrassment, as defined in a 2017 order that Bowser issued.
The other allegations are outside of the scope of what MOLC could investigate in a sexual harassment compaint, a situation that Mendelson, during a Monday morning press briefing, said Nadeau’s emergency legislation and joint committee hearings to be hosted by D.C. Council members Kenyan McDuffie (I-At large) and Anita Bonds (D-At large) during the council summer recess would attempt to rectify.
Though Bonds ended up voting for Nadeau’s legislation, a spokesperson for Bonds’ office said she always had concerns about who would conduct such an investigation and how the D.C. government would absorb the cost.
However, Nadeau’s amendment laid that to rest, Bonds’ spokesperson said.
Earlier on Tuesday, Bonds told the Informer that she wouldn’t support the emergency legislation, but for an entirely different reason.
In expressing her apprehension about Nadeau’s emergency legislation, Bonds said there wasn’t any need to rehash the investigation, especially since Falcicchio had been removed from his position. She said that time would be better spent assessing how District agencies tackle sexual harassment.
“I support the permanent legislation, but not the emergency,” Bonds told the Informer hours before voting in support of Nadeau’s legislation. “Some D.C. residents don’t want to revisit the investigation. Falcicchio has already been out of the D.C. government. This summer, we get to look at other agencies.”
