By Commissioners Ed Larenas & Sabrina Brennan
The good news, the Harbor District has exceptional administrative staff and Harbor Patrol.
In 2019, the Harbor Commission has accomplished more than it has in the last decade due to the efforts of Board President Brennan and Vice President Larenas. They have worked hard to build constructive relationships with staff, the public, and all community stakeholders. Public support for the District and staff morale has never been higher.
Now for the sad news, the Harbor Commission is a toxic workplace.
On September 19, 2019, Commissioners Reyering, Mattusch, and Kiraly held an unscheduled election for board officers to replace President Brennan and Vice President Larenas three months before their terms were complete.
The removal of Brennan and Larenas from the top officer positions was an act of retaliation against their efforts to update the District’s harassment policy and correct untrue statements contained in the District’s response to an open Department of Fair Employment and Housing (DFEH) investigation. Commissioner Larenas was under extreme pressure to keep silent. However, he acted with the utmost integrity and caution in bringing his concerns to the board and the public. Commissioner Brennan and Larenas were stripped of their roles as officers for the District because of their efforts to correct untrue information, contained in the district’s response to a DFEH complaint, that is easily discoverable.
The untimely rotation of officers is the board majority’s response to an open DFEH investigation into a retaliation complaint.
Timeline
In the Spring of 2014, Tom Mattusch ran for a seat on the San Mateo County Harbor Commission. That year, several commercial fishermen asked Harbor Commissioner Sabrina Brennan to help Mattusch with his campaign for a seat on the board.
In May 2014, Mattusch asked Brennan to join him on a month long pre-paid safari-hunting trip to Tanzania, Africa. Brennan said, “What does your wife think about you inviting me to camp in your tent?” Mattusch said, “I’m not telling her.” Brennan, a married lesbian, was shocked that Mattusch invited her to camp and hunt in Africa.
Mattusch was in Africa from Sept 15, 2014 through October 12, 2014. In the 2018 Topliff Investigation Report, Mattusch said he invited Brennan on the trip to take his wife’s pre-paid spot. Brennan declined the invitation and did not go on the trip.
A few weeks later, on June 12, 2014, Mattusch emailed Brennan sexually explicit photos with the subject line, “My last vacation photos”.
Brennan confronted Mattusch about his inappropriate travel invitation and his sexually explicit email and asked for an apology. His response was, “you don't get my sense of humor.” Mattusch refused to apologize.
In 2015 and 2016, Mattusch made highly inappropriate sexual remarks to Commissioner Brennan about “lesbian sex” and engaged in inappropriate touching and creepy hugging while he and Brennan were on official District business at California Special District Association conferences.
January 18, 2017, Regular Harbor Commission Meeting:
Item 14: Harbor Commission President Mattusch voted against Brennan and blocked her from becoming an officer of the board. He voted against Brennan for every officer position on the board.
Item 15: Pesident Mattusch removed Brennan from the Oyster Point Marina Liaison Committee and replaced her with Commissioner Kiraly.
On March 15, 2017, President Mattusch pulled Agenda Item 5 off the Consent Calendar and blocked Commissioner Brennan from pulling Item 2, 3, 4, & 10. Mattusch also blocked Commissioner Larenas from pulling Item 9 off the Consent Calendar. Mattusch blocked Brennan and Larenas by immediately asking for a motion to approve Consent Items 1-10 “minus Item 5”.
It’s standard practice for the board president to ask if any board member would like to pull an item off consent before asking for a motion to approve. State law requires that any commissioner and any member of the public be allowed to pull an agenda items off the consent calendar for board discussion and public comment.
Meeting Video, Item D—Consent Calendar: 10:46
In August 2017, Harbor Commission President Tom Mattusch made a false Brown Act complaint to the San Mateo County District Attorney’s office.
Mattusch falsely alleged that Commissioner Brennan violated the Brown Act at a Aug 2, 2017 Special Meeting of the Oyster Point Liaison Committee.
The San Mateo County District Attorney conducted an investigation and ruled that Commissioner Brennan did not violate the Brown Act.
On Jan 18, 2018, the District Attorney sent a letter that stated that Commissioner Brennan did not violate the Brown Act. The letter was copied to Harbor Commission President Virginia Chang Kiraly.
Half Moon Bay Review article:
“The San Mateo County district attorney’s office has concluded that San Mateo County Harbor Commissioner Sabrina Brennan did not commit a Brown Act Violation at a special meeting last August.”
On August 16, 2017, Item C.2, Commissioner Comments: Tom Mattusch acting in his official capacity as President of the Board of Harbor Commissioners removed Brennan from the Finance Committee that she founded.
Mattusch said he was removing Brennan because “actions have consequences.” After the meeting Mattusch approached Brennan in the hallway and said, “You better watch out because more is coming your way.”
Link to meeting VIDEO, Mattusch said, “actions have consequences.”
Link to Meeting Minutes
Mattusch voted against allowing the board to hold “committees of the whole” thereby blocking Brennan from participating at all committee meetings including the Oyster Point Liaison Committee.
President Mattusch has repeatedly blocked Brennan from contributing agenda items at Regular Board Meetings.
On Oct 24, 2017, Brennan made a harassment and retaliation complaint against Mattusch. The complaint was made during a meeting with former San Mateo County Harbor District General Manager Steve McGrath and Harbor Commissioner Ed Larenas.
On Nov 9, 2017, Mattusch vehemently denied sending Commissioner Brennan a pornographic email on NBC Bay Area evening news.
On Nov 10, 2017, Mattusch told Half Moon Bay Review editor Clay Lambert that he could not recall if he sent the email.
In late 2017, Mattusch provided false infomation to Mary L. Topliff.
Mattusch told the Harbor District’s investigator Mary L. Topliff that he sent Brennan the pornographic email “because she’s a lesbian.”
Mattusch falsely alleged that he “intervened to prevent Brennan from being arrested”. Brennan was not approached by law enforcement, she was not arrested and Mattusch never intervened to prevent her from being arrested. Brennan has never been arrested and she has no criminal record of any kind. Read the last paragraph on page 10 of the Mary L. Topliff Investigation Report.
On Dec 20, 2017, Brennan voiced concerns about the Harbor District's harassment, discrimination, and retaliation investigation process at a Harbor Commission meeting.
Jan 8, 2018, San Mateo Daily Journal interview:
Brennan said, “I don’t think that the current investigation is being handled appropriately. It’s not an independent investigation, it’s not neutral, it’s not unbiased, it lacks transparency.”
On Jan 17, 2018, Regular Harbor Commission Meeting:
Item B.2, Commissioner Comments: Commissioner Brennan read a letter she wrote dated Jan 17, 2018. The letter was titled, “SMC Harbor District Culture of Harassment & Retaliation”. Harbor Commission President Tom Mattusch responsed to Brennan’s letter by verbally attacking Brennan. Mattusch said that Brennan “pathetically lies” about him.
Transcript of Jan 17, 2018 Mattusch verbally attacking Brennan:
“Commissioner Brennan, when things don’t go her way she’s just going to make something up. And completely lie about things as she has done with the complaint against me. So just to put it out there, if she wants to pathetically lie consistently it’s out there Brennan, you got it. You lie consistently and this is how you get around with all your little complaints.”
Item D.7: Brennan is the only Harbor Commissioner not nominated for an officer position on the Board of Harbor Commissioners.
Aug 2, 2017, Oyster Point Liaison Committee Meeting
Jan 17, 2018, Brennan’s Letter:
Brennan’s 2018 Letter to the Board of Harbor Commissioners
From: Sabrina Brennan
Subject: SMC Harbor District Culture of Harassment & Retaliation - Jan 17, 2018
Date: January 17, 2018 at 5:01:42 PM PST
To: Tom Mattusch, Virginia Chang Kiraly, Robert Bernardo, Edmundo Larenas
Dear Harbor Commissioners,
At the December 20, 2017, Harbor Commission meeting I brought up concerns about the Harbor District's harassment, discrimination, and retaliation investigation process.
Link to December 20, 2017 meeting video
The District's investigation process is not independent, it’s not neutral, and it’s not unbiased. My concerns about the District’s improper investigation process are included in the January 8, 2018, San Mateo Daily Journal article by Samantha Weigel. Link below:
The Harbor District’s broken harassment, discrimination, and retaliation investigation process has contributed to a sustained pattern of predatory behavior.
In 2013, I made a sexual orientation harassment, gender discrimination, and retaliation complaint against former General Manager Peter Grenell. Key testimony from a second victim was withheld from the investigation report (findings) produced by the District’s employment counsel Arlin Kachalia of Liebert Cassidy Whitmore (LCW) and investigator Amy Oppenheimer hired by LCW.
Lisa Fernandez, past Harbor District administrative employee is the second survivor/victim. Currently, Ms. Fernandez is the office manager at the Half Moon Bay Yacht Club. Her sexual harassment complaint against Peter Grenell was supported by information included in an investigation report paid for by the Harbor District and by Grenell's birthday card artwork published online with the report.
The botched investigation into my complaint against Mr. Grenell was never corrected despite the concerns I raised when I discovered that testimony Lisa Fernandez provided during an interview with investigator Amy Oppenheimer had been omitted from findings included in the final investigation report. I was very disheartened by the coverup and responded by requested a new independent and unbiased investigation. Sadly, my repeated requests were ignored by the Harbor District.
Fast forward to my October 2017 complaint against Harbor Commission President Tom Mattusch.
In 2014, Tom Mattusch invited me to go on an all expense paid safari-hunting trip to Tanzania, Africa. A few weeks after the travel invitation Mr. Mattusch sent me an extremely pornographic email with the subject line “My last vacation photos.” The email included 9 demeaning images of women, including an image of a woman on all fours groveling in the sand at the beach and a photo of two women on a chaise lounge chair both in spread eagle positions, with sandy handprint on their naked bodies.
I confronted Mr. Mattusch about his inappropriate travel invitation and his sexually explicit email. He said, “you don't get my sense of humor” and he refused to apologize.
President Mattusch's unwelcome sexual advances and excruciating retaliatory behavior has negatively impacted my ability to do my work on the board. He removed me from multiple standing committee assignments and the Oyster Point Liaison Group. I’m currently not serving on any standing committees. President Mattusch recently also voted against allowing the board to hold “committees of the whole” thereby blocking me from participating at all committee meetings and the Oyster Point Liaison Group.
President Mattusch has also repeatedly blocked me from contributing agenda items at Regular Board Meetings.
President Mattusch blocked me from being an officer on the board. In 2017, he voted against me for every officer position on the board.
President Mattusch said during the Aug 16, 2017 Harbor Commission meeting that he was removing me from the Finance Committee because “actions have consequences.” Link to meeting video.
President Mattusch has made threats towards me in person and on the phone. Telling me to “watch out” and saying, “more bad things are coming your way.”
The 2017/2018 Investigation Process:
The following email quotes are from Mary Topliff the investigation hired by Steven Miller, general counsel for the Harbor District:
Dec 5, 2017: “Finally, you asked whether my unredacted fact-finding report will be provided to the Board. I have passed along your inquiry to the District and either Steve McGrath or Steven Miller will respond directly to you.”
Dec 11, 2017: “The issue of the handling of my report is not up to me but I believe that Steven Miller will be getting back to you on that.”
Here is an email quote from Steven Miller. To-date this is the only information I’ve been provided regarding how the investigation is being conducted.
Dec 8, 2017: “When the investigation is complete, we will advise the entire Commission as to how the final report will be distributed. The decision will not be up to the investigator but will preliminarily be up to me…”
I asked Mary Topliff if she was going to conduct interviews regarding the culture of harassment, retaliation, and discrimination at the Harbor District. Ms. Topliff said, “NO.”
Independent oversight is needed because the process is broken. A panel that includes women should interview and select a law firm capable of conducting a truly independent investigation.
My complaints against Steve McGrath (Dec 2017) and Tom Mattusch (Oct 2017) are linked. It’s not possible to talk about one complaint without also talking about the others.
There is a lot more I could say about all of this but my time is limited.
Sabrina Brennan
On Feb 21, 2018, Regualar Harbor Commission Meeting:
On Feb 21, 2018, General Counsel Steven Miller released the Mary L. Topliff Investigation Report to the full board. Commissioner Brennan read it for the first time on Feb 21, 2018 before the regular board meeting.
Link to Meeting Minutes, Link to Meeting Agenda
Item C.2, Commissioner Comments: Mattusch admitted sending Commissioner Brennan a “distasteful” email containing pornography. Mattusch did not apologize to Brennan, instead he said, “I apologize if it offended anyone.” Link to Meeting VIDEO
Item C.2, Commissioner Comments: Link VIDEO of Commissioner Brennan’s comment at the Feb 21, 2018 Harbor Commission meeting.
Commissioner Brennan read the statement she made at the joint Assembly and Senate Committee on Sexual Harassment Prevention and Response on Thursday, Feb 15, 2018. A sub-Committee of the Rules Committee under both houses.
Joint Committee Agendas and Packet documents.
Kathleen Kelley Reardon, Ph.D., Professor Emerita, University of Southern California Marshall School of Business spoke at the joint committee hearing. Read her paper on the spectrum of sexual misconduct.
Item E.16: Committee Review and Assignments link to meeting VIDEO.
President Chang Kiraly assigned Brennan to one committee.
Commissioner Brennan remarks about Mattusch's pattern of “retaliation”. She noted that President Mattusch removed her from committees and thereby prevented her from doing her work by stopping her from serving on committees.
Brennan states that it’s “appalling” that President Chang Kiraly appointed Mattusch to three committees given the fact that Mattusch admitted less than two hour earlier, at the same meeting, that he emailed pornographic photos to Commissioner Brennan.
In protest, Brennan declined President Chang Kiraly’s single appointment to a committee.
Item F.17: “Sexual Harassment, Gender Discrimination, and Retaliation Prevention and Response” meeting VIDEO.
The Harbor District's investigation into Mattusch's sexual misconduct confirmed that he emailed Commissioner Brennan “eight” pornographic photos.
Mattusch told the investigator that he believed Brennan would think the sexually explicit photos were “funny” because she is a “lesbian”, he alleged that he sent the photos to 41 other people. It should be notes that investigator Mary Topliff did not contact the 41 alleged recipients of Mattusch's sexually explicit email. She only interviewed Brennan. See Page 6 of the 2018 Topliff Report.
The photos Mattusch emailed Brennan include pornographic images of women’s:
vaginas
vulva
breasts
anus
buttocks
Each image included a title. One of the titles said, “Soft powdery sand” above an image of three naked women with sandy handprints on their vaginas and breasts. Another title said, “Azure blue water” above an image of two naked women reclining with legs open, fully exposing the vulva of one of the women. Lastly, in most demeaning image the title said, “Course tan sand” above an image of a woman on all fours with her anus and vagina exposed, the photo was shot from the rear.
During Item F.17, Brennan remarked that items she placed on the agenda are often not heard by the board because the board majority routinely adjourns board meetings without hearing her items. To compensate for this retaliatory behavior Brennan communicates about her agenda items during Commissioner Comments. The General Manager also prevents Brennan from doing her work by refusing to roll her unheard agenda items onto a future Agenda.
Brennan sites some of the documents that she provided as attachments to this agenda item (F.17). It should be noted that the documents Brennan provided for the board packet are not on the District’s website as of Nov 9, 2019.
Brennan remarks that the Topliff Report lacks objectivity and states that it’s biased. Brennan said that the investigation was overseen by an attorney that she suggested the Board should replace. Brennan says that in the past when there has been investigations at this District, the General Manager oversaw investigations while he was named as the alleged perpetrator. Brennan said, “That’s the kind of stuff that goes on here, when you have people doing bad things overseeing the investigation, it’s messed up.”
Brennan said, “The apology that we heard this evening, if we can even call it an apology, was incredibly disrespectful. It wasn’t an apology to me. I’m not sure what that was about but it was definitely not something that I consider an apology.”
Brennan said, “The statement that Commissioner Mattusch and I were good friends, I’ve heard that before, in fact it was in the [Topliff] investigation report. He claims that we’re good friends, we are not good friends, we have never been good friends and I just want to make it clear that I have never considered Commissioner Mattusch one of my good friends.”
Brennan said, “I confronted him after he sent the email, and he said, ‘it was just a joke’ and he said that I didn’t get his sense of humor.”
Brennan said, “I also confronted him before he sent the email. I confronted him when he invited me on a trip paid for by him to Tanzania, Africa to go on a safari to hunt big game. I confronted him about the fact that we’re married [to other people] and I asked him, did you tell your wife that you’re inviting me on this trip? And he said, ‘No, why would I do that.’ That is what he said to me.”
Brennan said, “Commissioner Mattusch has not been telling the truth. he lied at our last Board meeting. He claimed that he did not send the email, he said that I was lying and then tonight he admitted that he did it. So this person is not trustworthy, he breached the public trust, there is so much wrong with this I don’t even know where to start.”
Brennan said, “On page 9 on the [Topliff] investigation report…” President Chang Kiraly interrupts and says the content of the report is confidential. Brennan responds, “I move that we make the [Topliff] report public.” Commissioner Mattusch seconds the motion.
Brennan clarified that the full unredacted report should be available to the public.
Brennan’s motion to make the unredacted Mary L. Topliff investigation report public was approved unanimously.
Brennan said, “On page 9 of the report ‘Mattusch denied talking with Brennan about sex or lesbian sex. He denied that it ever came up in conversation or that Brennan ever talked about these subjects.’ That is completely untrue. Commissioner Mattusch is obsessed with talking about sex and lesbian sex and has done it on multiple occasions. Page 6, ‘investigators did not contact any of the [alleged] women and men, other than me, who were included on the distribution list of the phonographic email. There are other things the investigator neglected to do but that’s the one that I’ll highlight right now.”
Brennan said, “I’m not in full agreement with what’s in the report, there are things that are incorrect, I have audio recordings of both interviews I did with the investigator [Topliff] so I know what was said and it’s in the recordings.
Brennan said, “With regard to page 7, ‘Mattusch stated that he believed Brennan would think the email was funny because she’s a lesbian. And that the two of them had prior conversations about Brennan being out, Mattusch recalled that Brennan told him after receiving the email that she received these kinds of emails from her lesbian friends, all the time.’ He said I receive these kinds of emails from my lesbian friends all the time. Now who would believe that? That is a complete lie. None of my lesbian friends send me pornographic email. None of them! ‘He said that she seemed blasé about it, in general.’ Wow, you know after reading the report I realized that in addition sexual harassment and retaliation I was also dealing with sexual orientation discrimination and I should have mentioned that also. But I mean at some point there is just so much harassment which term are you going to pick, does it even matter anymore, I don’t know. But I feel after reading this and the comments that Mattusch made that he is homophobic and that may have fueled some of the harassment that I had to deal with. I am disgusted with his behavior.”
Mattusch responds by gaslighting Brennan, “I don’t feel I should dignify Commissioner Brennan’s comments other than to say she’s an incredibly prolific liar, there is virtually nothing that occurred in the report that was transcribed as I recall it. Now I don’t know if she’s just a plain liar or if she’s under some type of stress and has a problem remembering things.
General Counsel Steven Miller selected the Mary L. Topliff as the investigator and General Manager Steve McGrath hired her.
Item F.17 Public Comment: link to VIDEO
President Kiraly made a motion to make a summary of the cost of the Topliff investigation public. Brennan asks, “Why not make the itemization?” [The investigator Mary L. Topliff and General Counsel provide the District with itemized invoices.] Kiraly said, “Because I think it’s just easier for the summary.”
President Kiraly asks if there is any further board discussion. Brennan responds, “I have comments on this topic.” Kiraly said, “Which topic the report or the motion?” Brennan said, “I have more comments to make on this item.” Kiraly said, “Are you discussing the motion?” Brennan said, “I would like to make another comment.” Kiraly said, “On the motion?” Brennan said, “I would like to make another comment, on the item.” Kiraly said, “Let’s vote on the motion first.” Brennan said, “You’re trying to silence me.” Kiraly reached for the gavel and said, “I’m not trying to silence you.” Kiraly banged the gavel and called for a five minute break. Commissioners start to leave the table.
A member of the public [John Ullom] asks General Counsel Steven Miller for a copy of the Mary L. Topliff Investigation Report. Steven Miller responds to the request for the report, he said, “So I would like to consult with the General Manager [Steve McGrath] to make sure that its released in a manner that’s equitable to the public and to each commissioner, I don’t have 30 copies of it to distribute…” Brennan said, “I’d like to read it during the break.” Miller said, “Do you mean right now?” Brennan said, “Yes, that’s what I mean, right now.” Miller says, “Sure” and pulled a binder out of his bag and handed it to Brennan. Brennan responded, “Thank you.”
The meeting was reconvened at 9:23pm. Brennan said, “I’d like to make a friendly amendment [to the motion] that we expand the breadth of what we’re providing to the public regarding the costs of legal for the investigation to include the detailed invoices, that’s what I think we should release, I don’t think there is any reason to do a summery.” Chang Kiraly said, “I’m not going to accept that amendment.” The board voted unanimously to release a summary of the legal costs.
Mary L. Topliff Investigation Report Is A public Document
On Feb 22, 2018, Bay Area Media Coverage of Brennan’s complaint:
Half Moon Bay Review published a redacted version of Mattusch's pornographic photos online.
Mattusch admitted on CBS KPIX News that he emailed sexually explicit photos to Brennan.
NBC Bay Area news reported that Mattusch said he thought Brennan would think sexually explicit photos were funny because she is a lesbian.
At the April 18, 2018, Special Meeting, Mattusch verbally attacked Brennan. The attack caused Brennan to open the door during a closed session meeting. Brennan told the Board and staff that she felt unsafe in closed session without an attorney present and she requested that the Harbor District’s attorney attend the closed session meeting.
DFEH Complaint
On July 28, 2018, Commissioner Brennan made a complaint with the Department of Fair Employment and Housing (DFEH) to meet statute of limitation requirements for a time period between Aug 2017 and July 2018.
The complaint was focused on retaliation that occurred as a result of her repeated rejection of Mattusch’s sexually inappropriate behavior. Brennan has repeatedly said that workplace retaliation has been detrimental to her Harbor Commission work.
Brennan’s DFEH complaint stated that she was subjected to sexual harassment, sexual orientation harassment, and retaliation. Brennan’s complaint stated that Mattusch made remarks about lesbian sex and engaged in inappropriate touching and hugging while he and Brennan were on official District business at California Special District Association conferences.
On Sept 5, 2018, Mattusch ma a motion to prevent Brennan from running for a seat on the Harbor Commission in the 2020 election. The motion included Districts 1, 4, and 5 in the 2020 election and District 2 and 3 in the 2022 election. The motion passed in a 3/2 vote.
San Mateo County Harbor District Special Meeting Minutes
Agenda Item B. 1: Consideration of possible action on draft maps of voting district boundaries for a district-based election system; possible action on election sequence (McGrath)
Bernardo lives in District 1
Mattusch lives in District 4
Kiraly lives in District 5
Brennan and Larenas live in District 3
On April 10, 2019, Rebecca Green of Richards Watson Gershon (RWG), served as Special Counsel for the Harbor District, she emailed DFEH the District’s formal response to Brennan’s complaint. The board did not receive, consider or approve the District’s response to the DFEH complaint before RWG submitted it to the state agency.
On July 11, 2019, the Harbor District Governance and Policy Committee held a meeting. The following items were included on the agenda:
Item 2: California Legislature Policy on Sexual Harassment Prevention and Spectrum of Sexual Misconduct at Work by Kathleen Kelley
Item 3: Sexual Harassment Training
Item 5: SMC Harbor District Ethics and Values Policy revision recommendations
In late July, 2019, Brennan and theHarbor District engaged in mediation with a DFEH mediator. The District provided DFEH with untrue information in advance of the mediation.
On August 1, 2019, DFEH started an investigation into Brennan’s complaint. The first meeting occurred via phone. On Aug 1, the investigator read Brennan the Harbor District’s response to her complaint.
On Aug 1, 2019, Harbor District Special Counsel Rebecca Green of Richards, Watson & Gershon emailed the District’s formal response to Brennan’s DFEH complaint to Commissioners Nancy Reyering, Virginia Change Kiraly and Ed Larenas. This was the first time Commissioners were provided with the District’s April 10, 2019 response. A four-month delay since Rebecca Green submitted the District’s response to DFEH.
On Aug 5, 2019, Brennan sent an email to John Moren, Interim General Manager for the Harbor District.
Brennan’s emaiL
From: "sabrina@dfm.com" <sabrina@dfm.com>
Subject: Re: untrue information
Date: August 5, 2019 at 12:23:34 PM PDT
To: John Moren <jmoren@smharbor.com>
Cc: "William (Bill) Parkin" <wparkin@wittwerparkin.com>, "sbrennan@smharbor.com" <sbrennan@smharbor.com>
Hello John,
Untrue information is prominently featured in the District’s response to my DFEH complaint and untrue information is included in the District’s Feb. 12, 2018 Investigation Report produced by Steven Miller and Mary L. Topliff.
Untrue information highlighted in the District’s 2019 DFEH response is also on page 10 of the District’s 2018 Investigation Report. See attached photo of page 10 of the District’s 2018 Report, last paragraph.
On Jan 17, 2018, I sent an email to Commissioners Ed Larenas, Virginia Change Kiraly, Robert Bernardo and Tom Mattusch that stated:The District's investigation process is not independent, it’s not neutral, and it’s not unbiased. My concerns about the District’s improper investigation process are included in the January 8, 2018, San Mateo Daily Journal article by Samantha Weigel.
The Harbor District’s broken harassment, discrimination, and retaliation investigation process has contributed to a sustained pattern of predatory behavior.
Independent oversight is needed because the process is broken. A panel that includes women should interview and select a law firm capable of conducting a truly independent investigation.
Here’s an example of Tom Mattusch providing the Harbor District and the media untrue information:
On Nov 9, 2017, Harbor Commission President Tom Mattusch strongly denied sending Commissioner Sabrina Brennan a pornographic email on NBC Bay Area evening television news.
On Jan 17, 2018, at the Harbor Commission board meeting Mattusch verbally attacked Brennan and said that she “pathetically lies” about him.
In Feb 2018, The Harbor District's Investigation into Mattusch's sexual misconduct and retaliation confirmed that he admitted emailing Sabrina Brennan eight pornographic photos.
In 2018, my concerns about the District’s biased investigation process and my significant concerns about the 2018 investigation report were ignored by the Board and never addressed by the District. I stated that the report included untrue information and withheld relevant information. I repeatedly called for a new investigation. My concerns were not taken seriously by the Board, District management and District counsel. No action was taken to address my concerns.
In 2019, untrue information from Tom Mattusch was featured in the District's response to my DFEH complaint.
Last week and yesterday, you said that you did not read the District’s written response to DFEH prior to submitting it to DFEH. You also said that the District’s response to DFEH was not provided to the Board prior to submitting it to DFEH. Based on this I do not believe the District is taking my DFEH complaint seriously.
I’m concerned that the inclusion of unsubstantiated and untrue information in the District’s DFEH response is additional harassment and retaliation. Please consider this a formal complaint.
Sabrina Brennan
2018 Mary Topliff Investgation Report - page 10
On Aug 12, 2019, the Harbor District Governance and Policy Committee held a meeting. The following items were included on the agenda:
Item 2: Policy 6.2.5 Harassment, Discrimination and Retaliation Prevention Policy.
Item 4: 2018 Topliff Report
On August 21, 2019, Brennan’s sent an email to the Board of Harbor Commissioners.
Brennan’s email to the Board:
From: sabrina brennan <sabrina@dfm.com>
Subject: Fwd: untrue information - DFEH 201807-03053228
Date: August 21, 2019 at 1:48:04 PM PDT
To: Edmundo Larenas <ELarenas@smharbor.com>, Nancy Reyering <NReyering@smharbor.com>, Virginia Chang Kiraly <vchang-kiraly@smharbor.com>
Cc: John Moren <JMoren@smharbor.com>
Hello Board of Harbor Commissioners,
Please read my emails below regarding concerns about the San Mateo County Harbor District providing untrue information to the California Department of Fair Employment and Housing.
I’m very concerned that the District provided untrue information to a state agency to discredit me and unfairly influence an open DFEH investigation. Please explain why the District provided untrue information to a state agency?
On Aug 1, 2019, the DFEH investigator informed me that the District falsely accused me of violating the Brown Act. I also learned that the District falsely accused me of narrowly evading arrest by law enforcement at a public meeting.
Last week, I received a letter from DFEH that states the following:
“Respondent [Harbor District] asserts that you were not subjected to retaliation due to resisting sexual harassment. Respondent states that you were removed from the Oyster Point Marina Committee after it was found that you had sent letters to the editor of the San Mateo Daily creating a false statement about the land around the Oyster Point Marina. Respondent states that you were removed from the Finance Committee after an incident that occurred during the Oyster Point Marina meeting on August 2, 2017, where the meeting had to be canceled due to you disturbing a public meeting.”
I did not provide a newspaper with untrue statements or letters. A meeting was held and it was adjourned. It was not “canceled.” Under your leadership the Harbor District has repeatedly provided untrue information to DFEH in an effort to discredit me and unfairly influence an open DFEH investigation.
Dec 20, 2017, Harbor Commission meeting video where I voiced significant concerns about the 2017/18 Harbor District investigation process.
I’m very concerned that the Harbor District has not corrected untrue information and the District has not taken steps to prevent further harassment, retaliation and sexual orientation discrimination. Please consider this a formal complaint.
Sabrina Brennan
Co-Founder, Committee for Equity in Women’s Surfing
President, San Mateo County Harbor Commission
SabrinaBrennan.com
Twitter @SabrinaBrennan
Facebook @VoteSabrina
Instagram @sabrinaRJbrennan
CEWS Website: SurfEquity.org
CEWS Twitter @SurfEquity
CEWS Facebook @SurfEquity
CEWS Instagram @SurfEquity
On Aug 21, 2019, the Harbor District Governance and Policy Committee held a meeting. The following items were included on the agenda:
Item 2: Anti-Harassment, Non-Discrimination, Anti-Retaliation Policy, review report from labor counsel
Item 4: District Counsel Relationship with Harbor Commission Board, review draft policy.
On Sept 18, 2019, Commission Chang Kiraly made a motion during Agenda Item B.1 Commissioner Comments. Kiraly asked for an agenda change and started to make a motion. Brennan requested that Kiraly wait until after the Commissioner Comments agenda item was complete. Kiraly persisted. Kiraly made a motion to add election of new board President and Vice President to next month’s Regular Meeting agenda; the motion passed unanimously.
Mattusch immediately made a motion to adjourn the Regular Meeting. It passed in a 3-2 vote. At 7:00 pm that same day a calendar update email arrived for a Special Meeting to be held the next day, on Sept 19, 2019, for an election of a new President and new Vice President.
On Sept 19, 2019, President Brennan was unable to attend a Special Meeting because she was having an emergency root canal.
Tom Mattusch, Virginia Chang Kiraly and Nancy Reyering voted to remove Brennan as board president three months before her one-year term was complete. The board rotation of officers is held in January each year per the Harbor District’s Ordinance Code.
Mattusch, Kiraly and Reyering voted to remove Brennan as board president because they were angry about her DFEH complaint and the pending DFEH investigation. Their behavior was an act of retaliation. They striped her of all board officer roles and they striped her of committee assignments. Ed Larenas was also stripped of his vice-president officer role.
Board voted 3-0 to elect Kiraly president and Reyering vice-president
Sept 19, 2019 Special Meeting Agenda:
Item B.1, Election of Board President and Board Vice President
Item B.2, Appointment of Committees by the Board President
Brennan and Larenas were removed from Finance Committee and the General Manager Search Committee
On Sept 20, 2019, the Palo Alto Daily Post published a story about the early roatation of board officers. Virginia Chang Kiraly was interviewed for the story on Sept 19, 2019. Kiraly is quoted saying that Brennan was removed as board president because it was “awkward to have Brennan serving as president at the same time she had two pending [DFEH] claims against the district.”
Quote from Palo Alto Daily Post story:
Kiraly said it was also awkward to have Brennan serving as president at the same time she had two pending claims against the district.
Sept 25, 2019, Half Moon Bay Review story, Harbor Commission changes leadership
Reporter Libby Leyden with the HMB Review phoned Brennan for an interview. She asked Brennan if she was removed as board president because of a DFEH complaint. Brennan asked where she had heard that and Leyden indicated it was information from Kiraly whom she had already interviewed.
Sept 25, 2019: Brennan is following the DFEH complaint process in good faith, she’s never filed a lawsuit and she does not have attorney representation.
Oct 7, 2019, Brennan notified Harbor District’s board secretary Debbie Gehret that she was not available for a meeting on Oct 18. See yellow highlighted sections bellow. Brennan provided two alternative dates when she was available. Staff told President Kiraly about her availability however Kiraly decided to call a special meeting to interview GM candidates on a date when Brennan was unavailable.
Oct 16, 2019, Regular Board Meeting agenda:
Item 9, Commissioners Reyering, Mattusch, and Kiraly voted to hire Richards Watson Gershon (RWG) as new general counsel without interviewing any of the law firms that provided proposals. RWG is the same firm that provided the Department Of Fair Employment and Housing (DFEH) untrue information in response to Commissioner Bennan’s DFEH complaint. On April 10, 2019, Rebecca Green of RWG provided to DFEH with untrue information while she was working for the Harbor District as Special Counsel.
Item 12, the board president Virginia Chang Kiraly rearranged the agenda and the board majority adjourned the meeting before considering the revised Sexual Harassment Policy recommended by the Harbor District’s Governance and Policy Committee, co-chaired by Commissioners Larenas and Brennan. Link to staff report.
The following 4 agenda items recomended by the Governance and Policy Committee were not heard at the Oct 16, 2019 meeting becuse Commissioner Mattusch made a motion to adjourn the meeting early. Staff reports and draft policy documets are published on the District’s website and linked on the Agenda:
Item 13, The board majority voted to amend the Harbor District’s policy on Standing Committees. The policy was amended to prevent public members from serving on Harbor District committees. The amendment resulted in removing public member Bud Ratts from the Governance and Policy committee.
Oct 18, 2019, Special Meeting agenda:
President Kiraly alleged that Commissioner Larenas was unethical and high on drugs. She said to Larenas, “you’re unethical” and “you’re high on something at 9:00am.” As an example of alleged ethics violations Kiraly said, “let’s look at the DFEH claim.”
Item 2: Public Employment General Manager
Commissioners Reyering, Mattusch, and Kiraly selected a new General Manager and directed HR consultant CPS to offer a job to one of six candidates interviewed. Commissioners Larenas and Brennan were absent from the Special Meeting. Brennan was traveling in Costa Rica.
Letters from the public opposed to hiring a General Manager at the Oct 18, 2019 Special Meeting:
Item 1: Discussion and approval of changes to Board committees, including dissolution or formation of committees and appointments to committees.
The Harbor District’s Governance and Policy Committee was dissolved by Commissioners Reyering, Mattusch, and Kiraly in a 3-0-0 vote. Dissolution of the committee resulted in removing co-chairs Larenas and Brennan from their committee assignment.
President Kiraly removed Commissioners Brennan and Larenas from the Oyster Point Marina Liaison Committee.
Commissioners Larenas and Brennan were absent from the Special Meeting. Brennan was traveling in Costa Rica.
Nov 1, 2019, Julie van Hoff, Harbor District Director of Administrative Services emailed General Counsel Trisha Ortiz of RWG a link to the Board’s agenda setting policy.
Nov 4, 2019, The District’s General Counsel Trisha Ortiz responded to van Hoff’s Nov 1, 2019 policy link email with the following:
Clearly, a majority of the Board or the General Manager could direct the Proposed Policies to be on a future agenda. Less clear, however, is how to treat the direction from the now-disbanded Governance and Policy Committee. Arguably, when the Board voted to eliminate the Governance and Policy Committee, a majority of the Board expressed its intention to not consider its recommended policies. Because of this uncertainty, I would not feel comfortable recommending that the Proposed Policies should appear on a future agenda without further direction. In such case, it seems appropriate to look to the Board to determine whether it wants to consider the Proposed Policies on a future agenda. Of course, the alternative method is for the General Manager to direct the Proposed Policies be included on a future agenda.
Nov 8, 2019, Emails about agenda setting:
From: Sabrina Brennan <sbrennan@smharbor.com>
Sent: Friday, November 8, 2019 8:49 AM
To: Julie van Hoff <jvanhoff@smharbor.com>
Subject: Re: Board Agenda Policy
Helo Julie,
The revised policy was recommended by the former Governance and Policy Committee in an effort to comply with state law. Many unheard items have rolled over to a future meeting agenda. This is standard practice.
Did the Harbor Commission board president request the exclusion of the revised draft Harassment and Retaliation Policy from consideration at a future board meeting?
From: Julie van Hoff <jvanhoff@smharbor.com>
Sent: Friday, November 8, 2019 9:00 AM
To: Trisha Ortiz <TOrtiz@rwglaw.com>
Cc: John Moren <jmoren@smharbor.com>
Subject: Board Agenda Policy
Good morning Trisha,
Sabrina called me and asked me about the policy items on the agenda. I sent her a copy of your email in response.
Please see Sabrina Brennan’s question below. Assistance in crafting a response would be greatly appreciated. Virginia would not have the authority to make such a request. Staff has previously taken the position to move unheard items to the next agenda. We are now changing that position at your recommendation. Virginia brought up the issue originally, and I contacted you for guidance on how we should proceed.
From: Trisha Ortiz <TOrtiz@rwglaw.com>
Sent: Friday, November 8, 2019 9:30 AM
To: Julie van Hoff <jvanhoff@smharbor.com>
Cc: John Moren <jmoren@smharbor.com>
Subject: RE: Board Agenda Policy
Julie, I am not aware of the past facts and circumstances for rolling over items from one agenda to the next. That would make sense if, for example, the Commissioners expressed their intent to consider some remaining agenda items at a future date because a meeting was running really late. Here, however, we have a set of circumstances by which a majority of the Board seems to be expressing its intent not to consider certain agenda items. Moreover, we have no clear rules saying those agenda items must be rolled over to the next agenda. So, I feel uncomfortable recommending otherwise, preferring instead to allow the policymakers to resolve the matter. I am available at your convenience to discuss this further if you would like.
From: Trisha Ortiz <TOrtiz@rwglaw.com>
Sent: Friday, November 8, 2019 10:16 AM
To: Julie van Hoff <jvanhoff@smharbor.com>
Cc: John Moren <jmoren@smharbor.com>
Subject: RE: Board Agenda Policy
Julie, as a follow up to our brief telephone conversation, I want to reiterate that I have not directed you to take any matters off the agenda. The District’s rules clearly allow the General Manager to determine which matters should appear on the agenda and if the General Manger wants to include the items that were not heard on the October 16 agenda, I am not asking you to change that. Rather, you asked for my guidance about whether certain items should be added the agenda by virtue of the fact that the Board adjourned a meeting before considering those items. There is not a clear rule on point here and I cannot recommend that the items are added to the agenda absent clear direction.
Nov 8, 2019, Meetings with Harbor District Managment Staff and new General Counsel Trisha Ortiz. Brennan took the following notes during the meetings:
On Nov 8, 2019, around 10:00am, Commissioner Brennan met with Julie van Hoff and Interim General Manager John Moren.
Brennan asked van Hoff if President Virginia Chang Kiraly asked to have the revised draft Harassment and Retaliation Policy removed from the November 20, 2019 Regular Meeting Agenda.
Julie van Hoff said, “She [Kiraly] asked why did I feel that all four of the polices should be moved forward. I contacted counsel and explained that there are two differing views. As a followup I emailed her [Trisha Ortiz] a link to our policy. I contacted Trisha for clarification because of a conversation I had with Virginia on why I believed that these items should roll forward. And she had a different opinion on wether they should move forward or not. She asked why I believe that and she has made it clear that she doesn’t want to talk about these items. Like the Ethics and Values Policy, she’s made it clear that she does not want it on the agenda. It’s apparent, they’re stopping the meeting before we get to the items so wether it’s said implicitly or not.”
Brennan said, “Employment counsel told us that our current Harassment and Retaliation Policy is not compliant with current state law.”
Moren said, “The fact is when Julie and I discussed it we believed the items should be on the November 20 agenda.”
Brennan said, “There are vary few ways for members of the board to to get items on the agenda. The board president can’t put items on a regular agenda, that’s not allowed per the policy, an individual members of the board can’t place an item on the agenda unless they get a majority vote at a previous regular board meeting. Same goes for removing items.”
Moren said, “We do plan to have the Board Meeting Agenda Policy on the Nov 20th agenda.”
Trisha Ortiz
On Nov 8, 2019, around 2:00pm, Commissioner Brennan and Larenas had a conference call with General Counsel Trisha Ortiz that lasted less than one hour. It was the first time that Larenas and Brennan had spoken with Ortiz.
During the call Ortiz said she talked with President Kiraly about questions regarding the Governance and Policy Committee agenda items.
Ortiz said she forwarded President Kiraly her Nov 4th email to van Hoff.
Commissioners Brennan and Larenas expressed concern about staff confusion related to emails Ortiz sent on Nov 4 and Nov 8.
Commissioner Brennan said, “I’m concerned about retaliation. I’m concerned that you appear to be sending staff confusing emails to satisfy Kiraly and to block draft polices recommended by the former Governance and Policy Committee from inclusion in the November agenda.
Ortiz said, “It’s a grey area. It’s unclear if items recommended by a committee that was dissolved by the board president should be moved to another agenda, it’s clear that the board majority does not want those items heard.
Brennan said, “The board did not vote to remove the items from the agenda. The board majority could have voted to remove the items during a board meeting. That’s the appropriate way to remove items. Our policy does not state that if a committee is dissolved so is their work and so are their recommendations retroactively.”
Brennan said, “Given the circumstances it’s not hard to see how this might be a form of retaliation. I have reason to be concerned about retaliation. I’ve been sexual harassed by a fellow board member and I’ve been retaliated against by multiple board members. I’m concerned that you may retaliate against me. Your firm [RWG] provided untrue information about me to DFEH in an effort to harm my credibility. I’m very concerned about retaliation and I’d like you to report these concerns.”
Ortiz said, “I understand that some serious allegations have been made. I’m not the right person to talk with you about these concerns.”
On April 10, 2019, Rebecca Green, another attorney with RWG, provided to DFEH with untrue information about Commissioner Brennan. At the time, Rebecca Green was working for the Harbor District as Special Counsel.
On Oct 16, 2019, Item 9, Commissioners Reyering, Mattusch, and Kiraly voted to hire Trisha Ortiz of Richards Watson Gershon (RWG) as new general counsel without interviewing any of the law firms that provided proposals.
Nov 20, 2019, Regular Harbor Commission meeting:
President Kiraly moved Agenda Item 10-14 to the end of the meeting.
Item 19: President Kiraly appointed Mattusch to the RV Lot (Surfer’s Beach) Restroom Ad-Hoc Committee.
Item 10: Commissioner Reyering makes a motion to table agenda items 10-14 “date uncertain”. The follwing items were tabled in a 3-1 vote:
Item 10: Sexual & Unlawful Harassment Policy - Recommended by the Governance and Policy Committee (Brennan & Larenas)
Item 11: Expense Accounting and Expenditure Reimbursement for Commissioners Policy
Item 12: SMC Harbor District Code of Ethics and Values Policy - Recommended by the Governance and Policy Committee (Brennan & Larenas)
Item 13: Board Meeting Agenda Policy - Recommended by the Governance and Policy Committee (Brennan & Larenas)
Item 14: District General Counsel Policy - Recommended by the Governance and Policy Committee (Brennan & Larenas)
May 19, 2020, San Mateo County Board of Supervisors Meeting, Item 5:
Link to written public comments on Item 5
Link to BoS meeting video, go to Agenda Item 5
Brennan’s remarks to Board of Supervisors:
I’m Sabrina Brennan and I serve on the San Mateo County Harbor Commission.
Three years ago, a former Harbor District bookkeeper and I met with Don Horsley at Pillar Point Harbor. The bookkeeper told Supervisor Horsley about the culture of sexual harassment and retaliation she experienced while working for the District. The bookkeeper resigned from the District because an investigation into her complaint was factually inaccurate, not independent, not impartial and not just.
During the meeting I reported that I too had experienced sexual harassment, sexual orientation discrimination and retaliation. I provided a detailed account and I shared the pornographic photos Harbor Commissioner Tom Mattusch emailed me.
The photos are extremely demeaning to women. Tom Mattusch said he sent the photos because, “Sabrina is a lesbian”. Sadly, homophobia was a motivating factor contributing to his perverse behavior.
I asked Supervisor Horsley for his assistance. He declined to help.
I urge this board to set a positive example by enforcing a zero-tolerance policy for sexual misconduct and retaliatory behavior and urge cities and special districts to do the same.
In depth anti-harassment, anti-discrimination, and anti-retaliation education and unconscious bias training should be required for all elected and appointed representatives and government employees.
Current training lacks information about best practices for conducting independent investigations once a complaint is made.
All harassment, discrimination, and retaliation complaints should be investigated, and the findings should be transparent.
The complainant and complainee should be provided with copies of all investigation reports.
A panel or a review board that includes both women and men should make recommendations about disciplinary action.
Thank you
June 4, 2020, Habor District Special Meeting - Item C.1 - Resolution No. 20-08
June 15, 2020, Habor District Special Meeting, Closed Session - Item C
June 17, 2020, Brown Act Violation cure and correct letter to Harbor District.
Stay tuned for further updates…