An investigation into sexual harassment allegations made against Tucson City Council Member Paul Cunningham has concluded with finding that his behavior did, in fact, constitute sexual harassment. The report found that the incident at the San Diego boondoggle, which had prompted the investigation, was not the first time Cunningham had sexually harassed city employees.
The report stated that the Councilman “acknowledged that under the definitions of sexual harassment, his comments could be construed as violations of several areas of A.D. 2.05-8.”
Within days of the San Diego trip by City officials and staff, Cunningham spoke out about his behavior, “I acknowledge that I had too much to drink and said some things that were inappropriate,” Cunningham said. “I apologize for my behavior I have some personal issues I am dealing with, I will be making amends to anyone I offended, I including my constituents, as best I can. I am participating in an alcohol treatment program. I’ll reserve further comment until the conclusion of the inquiry.”
Two women on the San Diego trip claimed Cunningham had previously made lewd comments toward them at non-city related events. According to the report, the woman told Cunningham his behavior was inappropriate.
According to the report:
A total of fifteen witnesses were interviewed that had been identified as either having personal knowledge of, or had witnessed the comments made by Councilmember Cunningham to three female city staffers.
The witness interviews confirmed that on the first day of the trip, May 16, during an evening event, the Councilmember engaged the three female staff members in conversation in the patio area of the hotel bar, that (sic) was inappropriate, graphic, and sexual in nature.
Witnesses confirmed that the councilmember had consumed large amounts of alcohol throughout the late afternoon during an earlier gathering and hat he continued drinking heavily during the evening. His demeanor was described as loud and boisterous.
One of the women who was specifically targeted by the sexually suggestive comments reported that she told the Councilmember that she was offended and that she got up and walked away when he continued his comments.
The other two women described his comments as offensive and unprofessional. They remained in the area, citing that they felt it was their obligation as representatives of the City of Tucson to contain his behavior to that particular area in the patio so as not to allow him to offend or expose other guests to his comments and inappropriate behavior.
Witnesses reported that they observed the interaction between the Councilmember and the women, and that it was apparent that the one staff member who walked away was visibly offended by the comments and behavior.
There were no other reports of similar incidents for the remainder of the trip. However, two of the women sated in their interviews that they had experienced similar comments and behavior directed at them from the councilmember on prior occasions during non-city sanctioned events. In both instances, the women reported that Councilmember Cunningham appeared to have been intoxicated.
“Cunningham recalled some of the statements he made to women, but described them as “banter,” He stated that the discussion started as business related and led to personal issues, acknowledging that he remarks were, “of a sexual nature to some degree.”
Councilmember Cunningham stated that he could understand the potential future impact of his working relationship with these particular women due to their position within the organization and the frequent interactions between council offices and city staff.
Assistant City Manager Kelly Gottschalk, Economic Development Manager Debra Chandler and an aide to the mayor were the women present when Cunningham made his remarks.
The definition of harassment in this case is verbal or physical conduct towards an individual because of his/her protected class that has the purpose or effect of creating a hostile, intimidating, or offensive working environment .
The report concluded with recommendation that all council members and their staffs receive sexual harassment training. The city’s sexual harassment policy does not include sanctions for violations by elected officials.