County Harbor Commissioners Brennan & Larenas Support District Elections

Press Release

SAN MATEO COUNTY— Harbor Commissioners Larenas and Brennan are calling for district elections to save millions in property tax funds currently being wasted on a countywide at-large election system. The Harbor District paid the County $752,490 for the Nov 2017 countywide at-large election. Switching to district elections would improve accountability; increase citizen participation including marginalized communities and lower taxpayer costs.

It is time to change the Harbor District’s election system to the much more equitable District Elections.

—Edmundo Larenas, SMC Harbor Commissioner

The current countywide at-large system for electing Harbor Commissioners prevents voters from holding incumbents accountable. In Feb 2018, Commissioner Tom Mattusch admitted to sexual misconduct. A countywide recall initiative would require a staggering number of signatures to qualify for the ballot. The at-large system blocks the path for removing a commissioner. District elections empower voters to take action when the public trust is violated.

—Sabrina Brennan, SMC Harbor Commissioner

At-large elections have been abandoned by many local agencies because they favor candidates with deep pockets and politically connected incumbents, making it prohibitive for lower-income people and people of color to run successful campaigns. In 2009, the benefits of district elections were supported by the SMC Civil Grand Jury, which issued a formal recommendation to the County Board of Supervisors in favor of district elections. In Nov 2012, the voters overwhelmingly supported a ballot measure to dismantle the at-large elections system for county supervisors. In Oct 2017, the Menlo Park City Council adopted a resolution declaring the intent to transition to district-based elections.

In 2010, Sabrina Brennan first proposed district elections as a way to reduce election costs.

Half Moon Bay Review – July 12, 2010

Resident suggests new format for harbor elections

According to Brennan, lowering the cost would not only relieve the burden on taxpayers but also encourage more qualified candidates to run for board positions.

"I'm concerned about the fact that for people who want to run, like myself … it costs a lot of money," she said, citing it would cost $7,000 for a candidate to place an optional statement onto the voter pamphlet.

It’s time to eliminate at-large elections and comply with the California Voting Rights Act.

Local agencies that have switched to district as a result of CVRA challenges:

• At least 169 school districts
• 32 community college districts
• Over 78 cities including the City of Menlo Park
• San Mateo County Board of Supervisors
• 10 water and other special districts

Due to the significant costs of defending against CVRA lawsuits, the vast majority of local agencies approved voluntarily transitions to district elections.

Examples of settlements:

• Anaheim - $1.1 million
• Hanford Joint Union Schools - $118,000
• Madera Unified - about $170,000
• Merced City - $42,000
• Modesto - $3 million plaintiff's attorney fees and $1.7 million for its own lawyers
• Palmdale - $4.7 million
• Placentia - $20,000
• Santa Barbara - $600,000
• Tulare Hospital - $500,000
• West Covina - $220,000 
• Whittier - $1 million

Bringing SMC Harbor District government closer to home would increase countywide awareness about the following:

• Public Harbors and Marinas
• California Coastal Trail and Bay Trail Access
• Wildlife and Marine Environment Education
• Water Quality and Environmental Protection
• Public Transportation to and from District facilities
• Human Powered Vessel Rental and Launch Opportunities
• Commercial Fishing Industry and Sports Fishing
• Ocean and Bay Safety
• Sea Rise Preparedness
• Tsunami Inundation Evacuation Routes

Tom Mattusch sexually harassed me & lied about it

Mattusch has a problem with the truth

On Nov 9, 2017, Harbor Commissioner Tom Mattusch adamantly denied sending Commissioner Sabrina Brennan a pornographic email on NBC Bay Area evening news.

Nov 10, 2017, Mattusch told Half Moon Bay Review editor Clay Lambert that he could not recall if he sent the email.

On Jan 17, 2018, at the Harbor Commission board meeting Mattusch verbally attacked Brennan and said that she “pathetically lies” about him.

On Feb 14, 2018, The Harbor District's investigation into Mattusch's sexual misconduct confirmed that he emailed Commissioner Sabrina Brennan eight pornographic photos.

Mattusch's behavior is not the error of a youthful college student 25 years before running for office. In Nov, Mattusch denied having sent the email when he spoke with NBC Bay Area. So in addition to sexual misconduct Mattusch has a problem with the truth. 

Commissioner Mattusch is unfit to hold public office because he violated the public trust and lied about it.

NBC Bay Area

On Nov 9, 2017, Mattusch told NBC reporter Robert Handa that he is limited in what he can say about what he called a "manufactured" complaint and adamantly denied ever inviting Brennan on a trip or sending any photos of any kind.

On Feb 22, 2018, NBC Bay Area news reported that Mattusch said he thought Brennan would think sexually explicit photos were funny because she is a lesbian. After emailing Brennan eight pornographic photos Mattusch removed her from key committee assignments.

CBS KPIX

On Feb 22, 2018, Mattusch admitted on CBS KPIX News that he emailed sexually explicit photos to Brennan.

---

Jan 17, 2018 Harbor Commission meeting

Meeting video published on YouTube:

• Mattusch attacks Brennan

• Brennan’s commissioner comment, 6.5 min at the start of meeting

Brennan's email 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:  

San Mateo Daily Journal—County Harbor Commissioner alleges flawed investigation into her report of harassment

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 women 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

Transcript: Jan 17, 2018 Harbor Commission meeting

Harbor Commissioner Tom Mattusch said: 

“I’m quite disappointed by Commissioner Brennan’s complaint here. Particularly saying that we blocked her from putting items on the agenda. If you listen to Steve’s statistics at no time did she ever present an item that we didn't put on the agenda. 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.”

Harbor Commissioner Sabrina Brennan said: 

“Tom the email that you sent is right here on my computer. You want to see it? The naked pictures that you sent of women, the demeaning naked pictures you sent. They’re right here on this computer, right here.”

Harbor Commission board president Virginia Chang Kiraly said: 

“You are out of order Commissioner Brennan.”

Brennan said: 

“The naked pictures that you sent are on this computer right here. Anyone who would like to see them send me an email and I’ll forward them to you.”

Virginia Chang Kiraly said: 

“We’re not hear to talk about, stop your out of order. This is why we are where we are today.”

Brennan said to Mattusch: 

“You're a pervert.”

Chang Kiraly said: 

“I would like Tom to finish.”

Mattusch said: 

“I’m done, we heard someone adding on, piling on, making false statements.”

Brennan said: 

“Commissioner Larenas has seen the email. There is someone sitting next to you, to your right who has seen the email you sent.”

CBS KPIX: Sexual Harassment Investigation—Harbor Commissioner Tom Mattusch Accused of Mailing Lewd Photos

Watch the news segment:

It's a case making waves in the San Mateo County Harbor District where two commissioners have conflicting takes on graphic photos sent by e-mail. Katie Nielsen explains. (2-22-18)

My remarks to the joint Assembly and Senate Committee on Sexual Harassment Prevention & Response

State Capitol, Sacramento— My remarks to the joint Assembly and Senate Committee on Sexual Harassment Prevention & Response. It’s a sub-Committee of the Rules Committee under both houses. Joint Committee Agendas and Packet documents.

Click the video below to hear my remarks to the Joint Committee.

Transcript

Joint Sub-Committee on Sexual Harassment Prevention and Response

Thursday, Feb 15, 2018

I'm Sabrina Brennan, a Harbor Commissioner in San Mateo County, and I’m speaking today as a member of the public. I can tell you from personal experience that complaints and investigations are severely mishandled at the countywide special district that I represent.

Thank you for your service and for the opportunity to make the following remarks: 

There should be uniform anti-harassment, anti-discrimination, and anti-retaliation policies, laws, whistleblower protections, education, and training across State and Local Agencies.  

In depth anti-harassment, anti-discrimination, and anti-retaliation education and unconscious bias training should be a requirement 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.

Types of inappropriate behavior should be clearly described and consequences should be well defined.  Doing this would help move cultural norms in a positive direction. 

A panel of three or more people should select investigators and the panel must include both women and men. 

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.

• A commission or a statewide elected board might be a logical option for reviewing investigations and determining outcomes.
• An appeal board could review decisions in the event a complainant or complainee was dissatisfied with an investigation or the outcome of an investigation. 

Recently I’ve been in conversation with Neil McCormick, Director of the California Special District Association about the need for anti-harassment, anti-discrimination, and anti-retaliation training that includes best practices for conducting unbiased and independent investigations.  

However I’d like to point out that it’s not reasonable to expect that local agency associations like CSDA, the League of Cities, or an overburdened state oversight agency such as the Fair Political Practices Commission will be able to correct the long history of sexual harassment, gender discrimination, and sexual orientation discrimination in the workplace. And it’s worth noting that many of those organizations lack gender diversity, racial diversity, and sexual orientation diversity in management positions, organizational governance, consultants hired to provide training, and newsletter, website, and social media content. 

This pandemic has been overlooked for far too long. A comprehensive statewide plan for addressing these complex problems must be thoughtfully developed, prioritized, and funded.   

It’s critically important that workplaces throughout California be safe and free from harassment, discrimination, and retaliation. I applaud your effort to search for creative solutions. Thank you.

spectrum of sexual misconduct

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.