NBC 7’s Investigative reporter Alexis Rivas has more findings and legal insight.
The Metropolitan Transit System (MTS) has released the findings of an independent investigation into the termination of an employee who says she was sexually harassed by former San Diego County Supervisor Nathan Fletcher. Fletcher is also the former chair of the MTS Board of Directors.
Last April, the MTS Board of Directors retained the Oppenheimer Investigations Group LLP to look into some of the claims raised in Grecia Figueroa’s lawsuit. Figueroa was working as an MTS public relations specialist when, she says, Fletcher sexually harassed her. She was fired in February 2023.
According to an MTS press release, some of the key findings of the independent investigation are:
- That MTS officials and employees did not have any knowledge of a personal and/or intimate relationship between Fletcher and Figueroa prior to Figueroa’s termination
- That Fletcher was not involved in Figueroa’s termination
- That MTS officials acted reasonably in their reporting of information to the MTS Board of Directors
- That Fletcher’s positions on the MTS Board and/or county board of supervisors or his relationships with MTS officials or agents did not impact the reporting of information to the board, MTS’s treatment of Figueroa or any other actions taken by MTS
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Investigators highlighted notes from Figueroa’s mixed performance evaluations. Her supervisors said they fired her because she often procrastinated and missed important deadlines.
All of the MTS officials involved in her firing said they had no idea, or even suspicions, about an intimate relationship between Figueroa and Fletcher. The human resources officer said her severance offer of $10,000 — which Figueroa never accepted — was on the higher end, but otherwise standard practice.
Figueroa’s attorneys sent the following statement to NBC 7:
"Upon reviewing MTS’ independent investigation, we can’t help but feel unsurprised and disappointed. These purportedly independent results simply spout baseless ‘performance issues’ as a means of avoiding liability when it is clear that Ms. Figueroa was thriving at work before Fletcher announced his run for political office. It is also crucial and telling that Ms. Figueroa was not even interviewed or consulted by the supposedly independent body performing this investigation. How could a fair or impartial investigation occur when the victim herself is not given the opportunity to tell her story? All of this on the coattails of a recent court filing by another former MTS employee accusing the public entity of attempting to have her break the law and lie with respect to Ms. Figueroa’s lawsuit and employment. It is clear that MTS has engaged in practices designed to protect its own interests, and perhaps even the interests of former chairman Nathan Fletcher rather than look out for its own employees. We will continue to uncover the truth and seek accountability as this case proceeds toward trial next year."
In a footnote, the report mentions investigators tried to involve Figueroa but were unable to reach a deal with her to be interviewed. The report also adds that her attorney requested conditions for such an interview, stating that the attorney requested that “Figueroa and her counsel be allowed to attend and record all witness interviews and have full access to all information gathered by the investigator.”
Fletcher's attorney, Sean McKaveney, provided this statement:
"As we have known from the beginning, Mr. Fletcher was not Ms. Figueroa’s employer or supervisor, and he played no role in her termination whatsoever. We are pleased that these facts have finally been confirmed and are now publicly available."
Like Figueroa, on the advice of his attorney, Fletcher declined a live interview for this report. However, his attorney did provide written responses to questions from investigators, saying in part that Fletcher did not know anything about Figueroa’s firing until after her lawyer emailed him about a possible lawsuit.
Fletcher has admitted he had extramarital, romantic relations with Figueroa, but has denied the allegations of sexual assault and harassment, insisting the relationship was consensual.
MTS is not commenting, saying the report stands on its own, as it was independent and commissioned by the board of directors.
Legal expert finds fault with “independent investigations”
NBC 7 Investigates spoke with Mike Arias, a Los Angeles-area civil litigator with four decades of experience. He questioned the independence of any report paid for by an agency facing litigation.
“I don’t give them a lot of credence,” Arias told NBC 7, “because, in my experience, a lot of the independent reports aren’t as independent and as thorough, and don’t necessarily conduct the investigation in the way that we do in litigation. ”
Arias said similar reports ultimately have little to no bearing on the final outcome of a settlement or a jury trial.
“This report is not going to be evidence at all,” Arias said. “This won’t see the day of light in a courtroom. Maybe some of the witnesses identified and things like that. The report itself: Its conclusions are not admissible in court.”
You can read the entire report here:
