This document is a copy of the investigative report compiled after some Weld County employees accused Commissioner Sean Conway of creating a hostile working environment. It is marked “confidential” because it is a copy of the document made before Weld District Court Judge Todd Taylor ruled the document must be public. DISCLAMER: Readers may find some of the language in the report offensive.
INVESTIGATION REPORT Confidential Information Not For Distribution To:
Patti, Russell, Director of Human Resources, Weld County
Subject:
Sean Conway Investigation
Conducted by: Michele Sturgell, Workplace Investigator, Mountain States Employers Council, Inc. Date of Report: February 3, 2017 Investigation Active: Procedure:
November 27, 2016 – February 3, 2017 Patti Russell, Director of Human Resources, contacted Kim DeLuca of Mountain States Employers Council, Inc. (“MSEC”) to perform an investigation regarding complaints made against Weld County Commissioner Sean Conway. Ms. DeLuca explained the investigation process to Ms. Russell and clarified the investigator’s role and the necessary expectations in this process as communicated to all participants and referenced below. The undersigned, Michele Sturgell, assumed the role of investigator in this matter. I prepared written summary statements for each witness. I communicated similar introductory remarks to each witness. These remarks addressed the purpose of the investigation and my role as a neutral fact finder, confidentiality expectations, Weld County’s prohibition against retaliation for participation in the investigation and/or making complaints under the equal employment opportunity policy, and the expectation to be truthful. Each witness reviewed his or her statement with me. I encouraged each witness to make any additions, deletions, or other modifications necessary to accurately reflect his or her beliefs. Each witness was asked to review his or her statement to ensure completeness and accuracy and attest thereto by signing the summary statement. Unless otherwise noted, all interviews took place at 1150 O Street, Greeley, Colorado. I interviewed the following individuals on the dates noted: On December 5, 2016, I interviewed: 1. 2. 3. 4. 5.
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6. On December 12, 2016, I interviewed: 1. Julie Cozad 2. Steve Moreno 3. Mike Freeman On December 14, 2016, I interviewed Barbara Kirkmeyer. On January 6, 2017, I interviewed Sean Conway.1 On January 9, 2016, I interviewed
2
Attachments: 1. November 23, 2016 email complaint from 2. Summary Statement 3. Michael Freeman Summary Statement 4. Barbara Kirkmeyer Summary Statement 5. Summary Statement 6. Summary Statement 7. Steve Moreno Summary Statement 8. Julie Cozad Summary Statement 9. Summary Statement 10. Summary Statement 11. Summary Statement 12. Sean Conway Summary Statement (as prepared by this investigator) 13. Sean Conway Statement 14. December 5, 2016 email from Bruce Barker to Commissioners 15. Work session/meetings policy 16. December 19, 2016 email from Jill Gookin, Sean Conway’s attorney 17. December 13, 2016 email from Sean Conway 18. December 12, 2016 email from Sean Conway 19. November 23, 2016 email from Barbara Kirkmeyer to Bruce Barker 20. November 23, 2016 email from Mike Freeman to Don Warden 21. November 23, 2016 email from Julie Cozad to Mike Freeman 22. November 24, 2016 email from Steve Moreno to Mike Freeman and Bruce Barker 23. December 30, 2016 email from Jill Gookin 1
Mr. Conway was originally scheduled to be interviewed on December12, 2016 when he refused to meet with this investigator. The meeting was then rescheduled for December 16, 2016 and Mr. Conway cancelled this meeting. Mr. Conway chose December 30, 2016 as the date to reschedule when this investigator received an email from his attorney that morning indicating that Mr. Conway was ill. It an attempt to reschedule his interview again, Mr. Conway insisted on a telephonic interview and that interview took place on January 6, 2017. 2 This interview was conducted by telephone.
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Supporting Information:
, states: “At approximately, 8:55 a.m., Wednesday, November 23, I was working at my desk when the main office line rang, and I answered a call from Commissioner Conway. After cordial introductions, he stated he noticed his calendar for this morning had filled up with work sessions. I replied that a few changes had occurred within the last day or so, and asked him if he had a question about one of them. He said, ‘Yes, I’m questioning why you’re waiting until I’m out of town and then putting a bunch of work sessions on the calendar.’ I started to respond indicting that was not accurate, and he interrupted me and said ‘well, I see several meetings on the calendar that I knew nothing about, so explain that!!!’ I again started to respond and indicated there was one new work session on the calendar, and then was interrupted again by him elevating his voice and indicating he saw way more [than] one work session on the calendar.” continues: “[After a discussion regarding who asked for the work session] I was cut off again by him now yelling, saying ‘but you didn’t call me!! Did you? Why didn’t you call me? You just started setting all these work sessions without notifying me because you knew I was out of town.’ At that point I firmly, but still politely, said ‘Sean, just stop. Let me explain.’ He replied, ‘Oh no, you don’t get to fucking tell me to JUST STOP!’ ” adds: “He continued yelling saying, ‘No! This is not the right protocol, and you know what? This is what they protocol is going to be from now on! From now on you’re going to’… [I tried to explain that I wasn’t changing protocol] at this point, was standing at my desk and was semi-aware of the situation, and Julie [Cozad] and Steve [Moreno] were just standing off to the side of my desk. As he just kept yelling, and I couldn’t get a work in edgewise, and I was now quite upset with the yelling so I said one more time ‘stop yelling’ and he didn’t so I hung up the phone. I then announced out loud to those standing around me, ‘I’m sorry, I just hung up on Commissioner Conway, but he would not stop yelling at me on the phone, and I didn’t want to listen to it anymore.’ At that point, visibly shaken, I then excused myself from my desk.” See Attachment 1. , states: “I was standing at desk when she took the phone call from Commissioner Conway on November 23, 2016 along with Commissioner Cozad. We could tell from demeanor that this was a serious call. I could hear the person on the other end speaking loudly but I couldn’t make out the words. I told Commissioner Cozad that I thought it was either Dr. Wallace or Commissioner Conway. was trying to get the person on the other end to stop speaking so she could speak. She hung up the phone and she said I’m sorry I just hung up on Commissioner Conway. I could tell that was rattled and she had tears in
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in tears and walking down the hall to the restroom. Julie said she overheard someone on the phone screaming at Initially Julie said she didn’t know who it was but later recognized the voice of Sean Conway, another commissioner. Julie said that someone needed to call him back and then turned to me and said that it should be me as the chairperson. I called Sean back on my cell phone in my office. The other commissioners followed me into my office. I had the phone on speakerphone for part of the conversation. I asked Sean what was going on. Sean immediately started yelling on the phone. I said, ‘Sean, you need to stop.’ I said this several times. Sean was yelling that scheduled a work session and she violated protocol. I explained that he knows the protocol and that scheduled it at my request. I explained that if he had an issue with the work session that he needed to take it up with me. I told him that he couldn’t yell at staff and that this was unacceptable. Sean didn’t apologize or back down he kept saying that was wrong. By this time we were late to our 9:00 Board meeting so I told him we had to go and ended the call.” Steve Moreno, County Commissioner, says: “On the day before Thanksgiving, November 23, 2016, the Commissioners (minus Commissioner Conway) were present before a board meeting. was on the phone and was visibly upset. Near the end of the conversation said that she was hanging up and that she wasn’t going to take it anymore. I could hear someone on the other end of the line yelling at her. I couldn’t tell who it was. I heard say, Sean I am hanging up. I knew then that was on the phone with Commissioner Conway. When hung up she started crying and left her desk. Commissioner Cozad told Commissioner Freeman to call Sean back. Commissioner Freeman used his cell phone and we all went into his office. We could hear Commissioner Conway yelling. Commissioner Freeman was trying to get Commissioner Conway to stop yelling so he could explain. Commissioner Conway was upset about a work session that was scheduled. Eventually, Commissioner Freeman had to tell Commissioner Conway that we had to go to our board meeting.” Refuting Information: Sean Conway, County Commissioner states: “On November 23, 2016, I was in Nashville, and I saw on my I phone that there was a new scheduling request in my email. I was surprised by this; before I left for Nashville I specifically asked if there were any new scheduling requests. She replied no. I called at 8:55 am Colorado time to ask about this new scheduled work session. The item was for a work session on November 23, 2016 at 10 am. I said hello to and good morning and then asked why she didn't call me about the work session. said that Commissioner Moreno asked her to schedule the work session. I again asked why I wasn't consulted and she said that it was a lastminute request. She then started going over all of the other work sessions that I had previously approved which was not my question. I again asked why the procedure wasn't followed. The procedure we have in place is to personally call
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the commissioner who is out of the office and ask if he/she is ok with the work session proceeding and has been followed for 3 years. started talking over me and reiterating the work sessions she had set already. was interrupting me while I was talking. then said stop to me and that if I didn't want to proceed with the work session that I should just decline it. This is a problem because it doesn't mean that it gets seen and the work session just goes on without me and I told her that.” Mr. Conway continues: “I asked her if it could be rescheduled and she was again talking over me. I told her that it wasn't the policy to just set it and put it out on an email and we had held two conversations about the schedule before I left and she assured me that there would not be any work sessions scheduled without checking with me by phone. Almost the whole time, was talking over me and interrupting me. I kept telling her to stop talking over me, I was trying to have a conversation with her and I couldn't because she kept talking over me but I did not yell. raised her voice to me. My intent to call was to figure out why the procedure wasn't being followed and get it reset. didn't indicate to me that anyone else was around nor did she say let me check about getting it reset. If other commissioners were around she could have stopped and just asked. Instead, just kept arguing with me as if she was going to make me do it differently. We were talking over each other and both of us raised our voices. I then told that I didn't understand why she did this for Barb and not me. At this point it was this question that caused to hang up on me.”3 Mr. Conway’s wife, states: “Sean and I were sitting in a living room on the day before Thanksgiving 2016. Sean was looking at his phone. He was sitting about 30 inches from me. Sean said, what is this? He Sean asked then placed a call to I heard Sean say, Hi about the work session that came up on his calendar. responded and Sean said no I just need to know about the work session. There was conversation back and forth between them and their voices were getting louder and I could tell they were talking over each other. Sean holds the phone away from his ear when he talks so I couldn’t hear what was saying but I could hear her voice. He did say at one say, ‘No you don’t get to tell me how to do things.’ I did hear point that Commissioner Moreno told her to do it. I heard Sean say to ‘You do this for Barb, I don’t know why you don’t do it for me.’ At some point I heard Sean say, ‘She hung up on me.’ Sean then called back and I heard him ask for While Sean was on hold waiting for he said that Mike was calling. I took that to mean Mike Freeman. During the conversation with Sean did not have the phone on speakerphone. I did not hear Sean use any profanity or swear words when he was speaking with
Unless otherwise indicated Mr. Conway’s statements are collected from his edited statement. Attachment 13. Despite specific instructions to make changes to the statement this investigator created, Mr. Conway recreated his statement. Both statements are attached for review. Attachments 12 and 13. 3
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Comment:
Mr. Conway rescheduled his interview with this investigator several times. See Footnote 1. Mr. Conway and his attorney gave a variety of reasons for the need to reschedule on these dates. These reasons were often in conflict with the information provided to this investigator. Additionally, several times throughout the investigation, Mr. Conway insisted on speaking with this investigator by phone even though this investigator made clear that the policy is to conduct inperson interviews with interested parties. Further, all of the other commissioners submitted to an in-person interview with this investigator as well as the other witnesses. All of these factors lead this investigator to question Mr. Conway’s credibility. In contrast, presented as a credible witness. Her statement was rich in details and was corroborated by the other individuals present. Each person present that morning, five people in addition to stated that was visibly upset and they could hear someone yelling on the other end of the phone. In addition, some of the employees were able to identify the voice on the other end of the phone as belonging to Mr. Conway. Furthermore, and the four commissioners gave similar accounts as to the events in question; this strengthens the credibility of these individuals. Mr. Conway presented this investigator (through his attorney) copies of screenshots apparently showing the length of conversation that took place with on the date in question. Mr. Conway appears to insinuate that the conversation describes could not have taken place in the short amount of time. There is little evidence to corroborate this claim. While corroborates Mr. Conway’s statement, as his spouse, this investigator must weigh her testimony with an eye toward their relationship. Mr. Conway seems to take issue with the fact that the other commissioners encouraged to put in her complaints in writing. He insinuates that she was forced to make her complaint. It appears instead, to this investigator that the commissioners were requesting that put her version of events in was writing so the incident would be well documented, and not that forced in any way. This is corroborated by the fact that cooperated fully with this investigator and did not appear forced or uncomfortable in any way. As a result, this investigator finds version more credible that Mr. Conway. Based on the foregoing, this investigator finds it more likely than not that on November 23, 2016, Mr. Conway yelled and cursed as
Allegation 2:
Supporting
alleges that on June 25, 2014, Mr. Conway yelled at her and blocked the exit from her desk.
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Information:
states: “On June 25, 2014 I was alone in the office late in the afternoon on Wednesday. I sit out in the open area. We were working on a transportation summit. We were sending out notifications to elected officials to let them know about our event. had done a draft and sent it to the Commissioners and to me. Commissioner Conway made changes to the document in his handwriting. He came to me and told me to make the changes that he wanted and send out the document. I conferred with and let her know. I went to Commissioner Conway two different times to get clarification and he answered my questions. On the second time I told him that once I finished it I would send it out. He said ok. I finished the changes that he requested and sent out the email. At the time, Commissioner Conway sat behind me. Commissioner Conway came out of his office and he was screaming at me. He was yelling that the information in the email was wrong and now we would be a laughing stock. I was shocked that he was yelling and so upset. He said, ‘What the fuck are you doing?’ I tried to show him the document with his handwriting on it and told him that I made the changes that he requested. He said that he didn’t say that. I was confused that he said it wasn’t his changes. At this point he was standing and I was sitting in my chair. He was blocking my way and I couldn’t move, I was trapped in my desk. At that point, I was terrified because I felt that I couldn’t get out of my desk. Commissioner Conway knocked the paper from my hand that I was holding. At that point I reached for the paper and I was able to extend my arm and get out of my desk. I went down the hall to the restroom to try and compose myself.” continues: “After I left the restroom I went back to my desk and I saw Commissioner Conway sitting with Darian and he was barking orders at her because he was convinced there was going to be some media fallout because of the email I had sent. I told him that Darian had nothing to do with it and she needed to go back to her office. Commissioner Conway started in on me again. I told him I was done with this conversation and that it was best that I go home. I grabbed my things and went into Patti’s office. I told her that I wanted to quit. She spoke with me for a while and urged me to take some time to think about it. I was placed on paid admin leave for the remainder of that week. While I was home, Commissioner Freeman reached out to me and asked how we could resolve the situation. I wasn’t sure if I wanted to but I told him that nothing would change without an apology from Commissioner Conway and assurances that this would never happen again. I was told that would happen. I returned to work on Monday and I was ignored for the morning. I spoke with Commissioner Freeman and he stated that Commissioner Conway said he would apologize but Commissioner Freeman wasn’t sure that was going to happen. He said maybe I could talk to Commissioner Conway later that day. I knocked on his door in the afternoon to speak with him. I didn’t feel comfortable going into his office so I stood in the doorway. Commissioner Conway insisted that he apologized that day – I told him it wasn’t received and that if he wasn’t willing to do it then I was done. He said, ‘Fine, I’m sorry if that is what you want to hear.’ He also
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said it wouldn’t happen again. I told him I would take it as sincere and move on. His tone was more forced than sincere. He tried to talk about what I did again and I said I was moving on. I later typed an email and asked that it be placed in my file for documentation in HR. I looked for this email and it is no longer in my file.” Refuting Information: Mr. Conway states: “In 2011, Commissioner Rademacher asked me to have a meeting with when he was Chair in 2011. I don't recall why he wanted me to have the conversation but I was the incoming chair and was going to be her supervisor so I think it was about what my expectations were going to be for the next year when I was the supervisor. and I had a conversation that lasted for an hour or so and it was very cordial. I was the chair in 2012 and her direct supervisor and there were no issues. I don't recall being on administrative leave in 2014 and I didn't see anything in her personnel file regarding anything like this so I don't know what that was about. I asked the county attorney for documents relating to this claim and Bruce told me there weren't any documents reflecting any complaints from If she took administrative leave for anything I was not aware of it. If there is documentation I want to see that so I can further respond.” Comment:
When asked about this specific incident, Mr. Conway immediately started asking for documentation and stated that when he was originally presented with this complaint he went to Ms. Russell and asked to view personnel file. Mr. Conway takes issue with the fact that there is no documentation regarding this incident in file. The original email that sent is not in her file and she was not able to recover it as it was sent in June 2014. This investigator was, however, presented with an email sent from Mr. Rademacher to Mr. Conway (Attachment 36). In this email, Mr. Rademacher seems to corroborate statements as Mr. Rademacher says that, Mr. Conway “chased off and that he needs “to apologize to her, she was doing what you asked.” Mr. Conway stated to this investigator that he did not know anything about this incident and focuses exclusively on the lack of documentation. Mr. Conway further states that if there is additional documentation he wants to see it so he can respond further. It appears to this investigator that Mr. Conway is quite deliberate in his answers to questions. If he is not presented with some form of documentation he claims to have no recollection of this incident but also appears to leave the door open to change his story if extrinsic evidence is found to support another version of events. This, combined with the credibility issues discussed above, lead this investigator to find version of events more credible. Additionally, Mr. Rademacher’s email corroborates statements and the date is just a few days after this alleged incident and Mr. Rademacher discusses being out of the office as a result of Mr. Conway’s actions.
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Consequently, this investigator finds it more likely than not that Mr. Conway yelled at and blocked the exit from her desk on June 25, 2014. Allegation 3:
Supporting Information:
alleges that Mr. Conway yelled at her on several occasions from May – November, 2015. , states: “I am frequently subjected to verbal assault from Commissioner Conway. He was our coordinator for Public Works for 2015. I, along with our team, met with him every Tuesday. Consistently, almost every week Commissioner Conway would yell at me; especially between May and November. It got so bad that I asked my supervisor to stop attending the meetings; he agreed. I also had a conversation with Commissioner Kirkmeyer about Commissioner Conway not being our coordinator again because it was such a bad year. During one of the weekly meetings, Commissioner Conway got up from his chair while he was yelling at me and started coming toward me. He did not physically attack me but he came towards me. I think he saw Curtis, one of our other managers lean toward me and he realized what he was doing and he stopped.” continues: “I have had people tell me that Commissioner Conway thinks I am a spy for Commissioner Kirkmeyer. He yells at me the way he yells at her. She is in a position where she can tell him to stop. I don’t think any of the employees feel like they can tell him to stop because he is an elected official. The Board asked me to coordinate a transportation summit in April 2015. The event was to take place on June 15, 2015. Throughout the coordinator meetings I am trying to present the information regarding this event. Unbeknownst to me, Commissioner Conway is not communicating the information to the rest of the Board. On May 8, 2015, Commissioner Kirkmeyer sent out an email with her proposed agenda. At the next meeting Commissioner Conway starts ripping apart the proposed agenda and trying to make single changes. During this entire time he is speaking to me with a raised voice, yelling at me. This meeting caused the need for a work session with the entire board so that I could get some direction.” Ms. Kirkmeyer says: “When we had the transportation summit in 2015 it should have been an enjoyable experience but it wasn’t because of Commissioner Conway. In January he said that he wanted to do a transportation summit through the MPO I told him that I would help and get sponsors. We started working on it and in March Commissioner Conway said that the MPO wasn’t going to do it and that the Board was going to do it. He also changed the agenda and the date that the summit was going to be held. I was the chair that year and I took the agenda back and told him that he couldn’t make changes unilaterally. That made him very upset and he took out a lot of his frustrations on
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I saw Commissioner Conway raise his voice toward on numerous occasions. He also acted in a way that was trying to intimidate her.” Mr. Freeman says: “I have heard him [Mr. Conway] yell at , states: “I have observed Commissioner Conway raise his voice toward and furrow his brow when speaking with her. Commissioner Conway was angry with based on the way he was acting. I have seen this happen a couple of times. I don’t recall coming to me in 2015 and asking to be removed from meetings with Commissioner Conway. It could have happened but I don’t recall that.” Refuting Information: Mr. Conway states: “I don’t recall raising my voice to or yelling at her. I didn’t yell at during our weekly meetings in 2015. There were other employees present. If people are saying that I yelled at her during these meetings they would be incorrect. I don’t recall an incident where I yelled at her during these meetings.” Attachment 12 Comment:
presented as a credible witness during her interview with this investigator. She had notes to assist her with specific allegations and did not appear to have any motive to be untruthful. She also presented as very fearful about Mr. Conway knowing she made statements implicating him. Additionally, the day after this investigator spoke with she called and requested that her statement be destroyed and that any mention of her name be removed from this report. Attachment 38. was extremely concerned about retaliation and expressed apprehension considering Mr. Conway is an elected official and she is an employee. In addition to the credibility concerns listed above regarding Mr. Conway, his response is taken from the statement this investigator prepared. In Mr. Conway’s re-typed statement, he removed any mention of or the allegations concerning his behavior toward her. This gives the appearance of ignoring the accusations made by which are corroborated by several other participants in this investigation. This investigator finds it hard to believe that all of the individuals would fabricate some many instances of Mr. Conway yelling at The corroboration given by others, as well as the credibility concerns of Mr. Conway, leads this investigator to find version more reliable. As a result, this investigator finds it more likely than not that Mr. Conway yelled at several times between May-November 2015.
Allegation 4:
alleges that Mr. Conway yelled at her in the summer of 2015.
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Supporting Information:
, states: “Commissioner Conway came on as a Commissioner shortly after I started. He can be a bit of a control freak and he can yell when he gets passionate about a project. I have not been personally offended by his conduct. He can be accusatory with his language and raise his voice. Last year in the summer we have Commissioner Coordinator meetings and Commissioner Conway was present. He was very angry with how a project was going. We have a saying here in the County that you need to have 3 before 5. Commissioner Conway can be secretive when he sets up meetings and tries work around the rest of the Board. He had previously set up a meeting with the Mayor of Kersey regarding the US 34 coalition. The other Board members got wind of the meeting and decided to attend. Commissioner Conway was very upset with me and accused me of telling the other board members about the meeting. Commissioner Conway yelled at me and accused me of going around him and asked me why I would do such a thing. I wasn’t personally offended by Commissioner Conway yelling but my supervisor was. physically stepped in between Commissioner Conway and me. didn’t say anything but I think Commissioner Conway got the point and stopped yelling. I didn’t tell the rest of the board about his meeting. They may have seen it on his calendar. I think they look at each other’s calendars from time to time, especially Commissioner Conway because he can be so secretive.” Mr. says: “I vaguely recall a circumstance where Commissioner Conway set up a meeting with the Mayor of Kersey regarding the US 34 coalition. I vaguely recall the other commissioners becoming aware of the meeting and attending. I believe Commissioner Conway may have blamed for this. I don’t believe I was privy to their conversation.”
Refuting Information: Mr. Conway states: “Per the question, I didn't yell at in the summer of 2015 about a meeting with the Mayor of Kersey regarding the US 34 coalition. I didn't accuse of telling the rest of the board about a meeting that was public. staffed the US 34 coalition and I normally communicated with her by text so it was unlikely I even talked to her about an agenda on the phone. I have copies of the texts with her - for that time period; During the summer of 2016, Commissioner Cozad was upset that sent out an invitation to US34 coalition meeting that included community members who Cozad did not want to attend the meeting, in particular, Dave Kisker. Cozad called and complained and then Cozad came to a BOCC meeting and complained about I did call and tell her that she was to continue to send the agenda to anyone who asked for it since it was a public meeting. Did you actually speak with
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Comment:
When this investigator initially asked about he stated that he did not yell at her or accuse her of telling the board about his meeting. He also stated that he did not set-up any meeting. See Attachment 12. However, when this investigator received Mr. Conway’s re-typed statement Mr. Conway included more information regarding this alleged incident and mentioned an issue may have had with another Commissioner. (See above). While Mr. Conway initially denied any wrong doing and denied yelling at it is telling to this investigator that he changed his statement so extensively and attempts to place blame with another Commissioner. This causes this investigator to further doubt Mr. Conway’s version of events and this casts additional doubt as to his credibility. On the contrary, presented as a credible witness. She was clear to point out that she was not personally offended by Mr. Conway’s conduct but that he did yell at her. She did not present a complaint originally but was brought into this investigation when her name circulated as someone who had experienced similar behaviors with Mr. Conway. did not present as someone who has an ulterior motives and was simply recalling an incident that occurred. Therefore, this investigator finds it more likely than not that Mr. Conway yelled at in the summer of 2015.
Allegation 5: Supporting Information:
alleges that Mr. Conway yelled at her around July or August of 2016. , states: “Commissioner Conway came to my office around July/August 2016. The day before he came into my office he was very emotional at our meeting regarding his niece, the Clerk and Recorder. It had been suggested that she undergo and audit and he was very vocal in his opposition to this. When he came into my office he accused me of missing a meeting that I should have been at. I asked him who he spoke to and if anyone on the Council was present. He said no one was there. He then came around to the back of the desk and he was yelling at me and saying that three people needed to be added to the agenda. I said that none of these people had talked to me about being added to the agenda. He is now leaning over my shoulder and is behind me. I felt very scared. He was getting louder and closer to me and I felt threatened. I stood up and yelled and told him to ‘Get the fuck out of my office.’ Commissioner Conway turned and left. As he was leaving he was yelling, ‘I was just trying to help.’ ” continues: “I went to Patti’s office and told her what happened. She helped me talk Bruce Barker and Don Warden to figure out the information that needed to get to my council. I came in the next day even though I didn’t want to, to get a meeting started. Commissioner Freeman came over to me and
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apologized on behalf of the other Commissioners. Somehow the information got back to my Council. As I was trying to get my agenda finalized with the Council president, he said, ‘I heard that Sean came by to talk to you.’ I was shocked that he would use the term ‘talk.’ The council kind of laughed off Sean’s behavior. It is very much like Sean but I have never felt that angry or scared before. I submitted my resignation. I couldn’t work in that environment any longer.” Bruce Barker, County Attorney states: “I spoke with on two occasions in the summer of 2016. On the first occasion, she came into my office and sat down in the chair across from my desk. She was either crying or about to start crying. We discussed some procedural questions regarding the County Council. Ultimately she said something to the effect of that she was upset about spoke to me she again the things regarding the Council. The second time was very close to tears. I think this was in August, 2016. stood in my doorway and asked if I was going to be present at the meeting. I said I was and I asked if she was ok. She said she was leaving. I did not ask why she was leaving. She said she had been told, ‘there is no place in the County for you.’ During one of the conversations, she asked if I knew ‘what was going on.’ I said, ‘I think I do.’ I believed she was referring to Commissioner Conway and his dealing with the County Council. I had heard Commissioner going in and out of the door by my office several times the same day said this. I suspected he was going across the foyer to speak with each time he went through the door by my office.” Refuting Information: Mr. Conway states: “ never cursed at me and told me to get out of her office. I never yelled at or had anything more than a cursory conversation with her as I passed by her office. would regularly send out emails telling people that there were cookies or coffee and invite people to stop by…., never cursed at me and told me to ‘get the fuck out of her office.’ ”
Comment:
As previously mentioned, this investigator finds Mr. Conway’s credibility lacking. This is further underscored by Mr. Conway’s denials that cursed at him, even though she admitted doing so. In Mr. Conway’s re-typed summary statement (Attachment 13), he asks this investigator if was interviewed. Based on this statement, this investigator believes that Mr. Conway is denying that cursed at him in an attempt to protect himself and also believes that this information came from someone other than does not appear to have any motive to admit cursing at an elected County Commissioner except to emphasize how frightened she felt when Mr. Conway was yelling at her. When this investigator spoke with she appeared very fearful and was often times in tears when speaking. As such, this investigator finds version of events more credible.
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Consequently, this investigator finds it more likely than not that Mr. Conway yelled at around July or August of 2016. Other Issues During the witness interview process, several issues arose that this investigator determined were not within the scope of the allegations discussed above. 1.
gave several examples of Mr. Conway challenging her integrity and insinuating that she could not complete her job functions. also gave several examples of work sessions that were scheduled to discuss Mr. Conway’s behavior toward and Mr. Conway failing to attend these sessions.
2. Several individuals gave examples of Mr. Conway giving the staff direction as to a task and then becoming upset or yelling when the staff follows his direction. Some have even stated they won’t do anything that doesn’t come in writing from Mr. Conway. Conclusion As stated above, it appears that Mr. Conway has engaged in the conduct described by the employees of Weld County. It seems that Mr. Conway has yelled at on several occasions and on multiple occasions. It also seems that he has yelled as and It further appears that this behavior has been going on for several years. Additionally, there appears to be a significant rift among the County Commissioners leading to feelings of distrust and hostility that permeate to the staff of Weld County. Lastly, there is a significant amount of fear from the participants that they will be retaliated against in some way. Summary of Findings 1. This investigator finds it more likely than not that on November 23, 2016, Mr. Conway yelled and cursed as 2. This investigator finds it more likely than not that Mr. Conway yelled at blocked the exit from her desk on June 25, 2014. 3. This investigator finds it more likely than not that Mr. Conway yelled at times between May-November 2015. 4. This investigator finds it more likely than not that Mr. Conway yelled at summer of 2015. 5. This investigator finds it more likely than not that Mr. Conway yelled at July or August of 2016. Analysis
and several in the around
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Decision-makers for Weld County are responsible for assessing whether the facts of this matter support the allegations presented here or otherwise establish unacceptable conduct. This investigation report is intended to be the tool for making that analysis by identifying the relevant allegations and addressing sources of supporting and refuting information. This investigator’s commentary is also shared, but it is important to understand that another person, such as a judge or a juror, might reach different conclusions based on the same or additional information. END REPORT Respectfully submitted, MOUNTAIN STATES EMPLOYERS COUNCIL, INC.
__________________ Michele Sturgell, J.D. Workplace Investigator MLS/ Attachments