Mayor accuses Santa Rosa councilman of creating hostile work environment

Fowler has declined to say who she was referring to in that email or what danger city employees were in. Combs has said Millison gave her a "dressing down" about her comments to the media and also told her she had endangered city workers.

Against that backdrop, Fowler and Wysocky entered the unoccupied Mayor's Conference Room, closed the door and had a loud argument that could be heard by the office staff and others in the office, sources said. Bartley's office adjoins the Mayor's Conference Room, and people familiar with the office said the walls are not thick.

Neither Wysocky nor Fowler would explain the issues they discussed. But Wysocky said it was Fowler who spoke to him inappropriately, raising her voice at him and making false accusations against him.

"She unloads on me and because I won't take it I'm creating the hostile work environment?" he said.

Wysocky, who stands 6-foot-2 and weighs over 200 pounds, has a booming voice and can be pointed in his criticism of city staff or political opponents.

He acknowledged raising his voice in the meeting with Fowler, who is about a foot shorter.

"I got heated, too," he said. "It was an emotional meeting. I raised my voice back because it was the only way I could get a word in."

Fowler declined to discuss the interaction but questioned Wysocky's version of events.

"It's a confidential investigation that I am not at liberty to discuss, but I strongly disagree with his characterization of the incident," Fowler said.

Several days later, Wysocky and Fowler had an email exchange revisiting the argument. That email is what Wysocky argued should also be released, claiming it provided context to Fowler's legal advice to the council regarding the Lopez shooting. Fowler denied the emails are about her legal advice on that subject.

The meeting wasn't the first time the two had tangled. Several weeks earlier, when Wysocky was trying to publicly raise questions about the labor negotiations that led to a new firefighter contract, Fowler, who has been city attorney since 2008, essentially shouted him down and warned him he could be committing a misdemeanor if he spoke further.

Combs, an ally of Wysocky, called him "an opinionated and passionate man." While she stressed that she wasn't in the room and she believes city workers have a right to feel safe in their workplace, Combs said she couldn't see how a closed-door argument rises to that level.

"It sounds blatantly political," Combs said. "I think that it just sounds like Scott is partaking in political posturing to damage a rival."

Combs said she was also surprised to hear Bartley was behind the complaint because he had gone on the radio recently and disavowed any knowledge of it.

"I'm shocked that the mayor would have initiated an investigation and then gone on the radio and said to the public that he knew nothing about it," Combs said.

According to a transcript of an interview Bartley gave with Steve Jaxson at KSRO, in response to a question about the investigation, Bartley said "that one email is considered privileged and I don't know anything more."

Bartley said the interview was an "awkward conversation" because of the sensitive nature of the subject. He acknowledged he may have misspoken on-air.

"If I said I know nothing more, perhaps I misspoke, but I wasn't going to talk about it," he said.

Regarding the claim that the probe was politically motivated, Bartley denied that Wysocky is a political rival, though he acknowledged they sometimes disagree. He noted that because of the alternating cycle of council elections every two years, they've never run against one another and never will.

Wysocky, a CPA, in August announced plans to run for Sonoma County's top financial post, auditor-controller-treasurer-tax collector.

Human Resources Director Fran Elm saidwhen her department receives complaints about employee conduct, there is a wide of array of ways investigations can be performed, ranging from that person's immediate supervisor to seniors managers to outside private investigators or attorneys, she said. It is rare for private attorneys to be hired to perform such work, she said. The city has an anti-harassment policy that says "the city maintains a strict policy prohibiting all forms of unlawful harassment or discrimination."

Employees can file formal complaints or supervisors can report informal complaints to the Human Resources Department. It is unclear why Bartley initiated the complaint.

Questions about the investigation are now being fielded by Assistant City Attorney Suzanne Rawlings. She said the San Francisco law firm Liebert Cassidy Whitmore has been hired to conduct the probe, and attorney Morin Jacob is leading it. She did not return a call and email for comment.

Jacob's professional biography says she specializes in labor and employment law, especially for public safety agencies, and has "extensive experience in conducting workplace investigations."

Wysocky said he is frustrated that because no one has provided him with a specific allegation despite having asked for clarification more than 10 days ago.

"I'm having to defend myself and I don't know anything about it," he said. "This culture of secrecy needs to stop."

You can reach Staff Writer Kevin McCallum at 521-5207 or kevin.mccallum@pressdemocrat.com. On Twitter @citybeater.