Wayne McDonald, fired employee accused of sex harassment, sues Michael Hancock, Denver
Here are some excerpts from the lawsuit. We've redacted the name of the police officer, since she is an alleged victim of sexual harassment.
Regarding phone interactions:
When McDonald traveled around the City with Hancock, McDonald would see and interact with [redacted]. They engaged in conversations ranging from workplace issues, sporting events, and personal matters.Regarding the way McDonald learned of the allegations and was subsequently fired:
From time to time, [redacted] telephoned McDonald while he was at his home to discuss personal matters, calling him as late as 7:39 PM.
From September 12, 2011 to November 3, 2011, [redacted] telephoned McDonald, on his personal cell phone, at least eight times.
On November 3, 2011, [redacted] twice telephoned McDonald while he was at his home. The first call was placed at 4:38 PM and lasted for one minute. The second call was placed at 4:39 PM and lasted for 31 minutes. Both telephone calls were tape recorded by [redacted] without McDonald's knowledge or consent.
From December 15, 2011 to December 24, 2011, [redacted] telephoned McDonald at least five times.
During the 2011 Christmas season, Hancock and McDonald exchanged gifts with several City employees, including [redacted]. [Redacted] gave a gift to McDonald. A few days later, McDonald gave a gift to [redacted].
From December 30, 2011 to February 1, 2012, [redacted] telephoned McDonald, on his personal cell phone, at least nine times.
On May 18, 2012, McDonald was told to report to Room 389 of the City-County Building, 1437 Bannock Street, Denver, CO 80202.Regarding his firing and information provided to the media:
When McDonald arrived, Hancock's deputy chief of staff Stephanie O'Malley and City attorney Doug Friednash told McDonald that [redacted] filed a complaint alleging that McDonald sexually harassed [redacted] and offering as [redacted]'s evidence the tape recording of McDonald's and [redacted]'s November 3, 2011 telephone calls that [redacted] recorded without McDonald's knowledge or consent.
McDonald denied that he sexually harassed [redacted].
Friednash asked McDonald if he would be willing to cooperate in an investigation that would be conducted by the Mountain States Employers Council (MSEC).
McDonald told O'Malley and Friednash that McDonald would fully cooperate with MSEC's investigation.
O'Malley asked McDonald to give to her all City property in his possession (office keys, badges and other City identification).
McDonald gave these items to O'Malley, and was walked out of the building while a police officer monitored his departure.
McDonald understood that he was suspended from his job pending the outcome of the MSEC investigation and a hearing.
On May 21, 2012, O'Malley asked McDonald to meet her at Racine's Restaurant in Denver.
When McDonald arrived at Racine's Restaurant, O'Malley and Friednash told McDonald that he could resign his job or he would be fired because [redacted] alleged McDonald sexually harassed her.
McDonald told O'Malley and Friednash that McDonald had done nothing wrong and asked for an investigation, hearing or other opportunity to defend against [redacted]'s false accusation that McDonald sexually harassed [redacted] and to clear his name.
McDonald told O'Malley and Friednash that the MSEC or other thorough investigation would show [redacted] lied when [redacted] claimed McDonald sexually harassed [redacted].
Friednash told McDonald that he was fired.
The unlawful actions Miller and Hancock took against McDonald were taken in malicious, willful, reckless indifference to, deliberate indifference to, and/or reckless disregard of McDonald's rights as guaranteed by Federal and State laws prohibiting government officials and/or employees defaming a public employee.As we've previously reported, the lawsuit says that Hancock reached out to McDonald and his family numerous times on numerous occasions since the firing. Here's an excerpt from the suit on that topic:
As a direct, foreseeable, and proximate result of Miller's and Hancock's intentional illegal conduct complained of herein, McDonald suffered injuries and damages, including but not limited to lost income and benefits, damage to his reputation, and emotional distress. These injuries and damages continue into the present and will continue into the foreseeable future.
After McDonald was fired, Hancock repeatedly telephoned McDonald and his wife, sometimes leaving messages. McDonald and his wife did not answer or return Hancock's telephone calls.More from our Colorado Crimes archive: "Rape threats or "grape" threats? Bizarre arrest of high school student, alleged Hitler lover"
On July 18, 2012, despite knowing that McDonald is represented by an attorney and having publicly stated "I'll let the legal team handle it", Hancock sent a text message to McDonald, stating: "Hey man, I've been thinking about you and have called you several times ..."