State pays $149,000 in sex claim

Wednesday, Sept. 14, 2005 | 9:28 a.m.

CARSON CITY -- The state Board of Examiners agreed Tuesday to pay $149,000 to settle a sexual harassment and retaliation claim in a case that resulted in the departure of two top administrators in the state Department of Conservation and Natural Resources.

The money is going to Jolaine Johnson, who with two other women claimed sexual harassment. She said that after the complaint was filed, she was passed over for a top job as administrator of the state Environmental Protection Division where she was deputy administrator.

After an investigation of the claims by the state Personnel Department, Freeman Johnson, deputy administrator of the Conservation and Natural Resources Department, resigned, and Mike Turnipseed, director of the agency, voluntarily retired. The department supervises the environmental division.

The allegations were made against Freeman Johnson, but Turnipseed failed to take action, state officials said. The lawyers for both sides declined to reveal the details of Johnson's sexul harassment allegations. She made a complaint to the federal Equal Employment Opportunity Commission that reached a decision, but the state and Dunlap declined to supply copies of the complaint and decision on grounds it would violate the settlement.

The complaint and decision are both public records, but the EEOC in Los Angeles did not respond to a request for the records.

Stanley Miller, tort claims manager for the state attorney general's office, said the case might cost the state up to $1 million if it went to trial.

After Jolaine Johnson made the sexual harassment claims, Allen Biaggi, the administrator of the division, was promoted to be director of conservation and natural resources to replace Turnipseed and Jolaine Johnson applied to replace Biaggi. But she didn't get the job. Senior Deputy Attorney General Jeff Parker said the state acted properly in handling the complaint. He said the discrimination was eliminated, a transfer of jobs was made and the state "sealed up the problem further."

But Jolaine Johnson's attorney, Cal Dunlap, disagreed. He urged Gov. Kenny Guinn, chairman of the Examiners Board, to look carefully at state agencies and be quick to respond to allegations of sexual harassment. He said Jolaine Johnson was removed from a hostile environment.

Guinn repeatedly questioned if the state's system was working in preventing cases of sexual harassment. He asked "Why was the person not fired?" apparently referring to Freeman Johnson.

He asked if there were any changes that needed to be made.

Parker said in the case of Johnson, an independent board was convened to examine the applicants for the top job of administrator. And a man was hired.

But Dunlap said Johnson had five more years' experience than the person who got the job.

"I disagree everything was done," said Dunlap.

The governor said he hoped cases in the future would be handled quicker to prevent them exploding into a bigger problem.

Dunlap said that as part of the settlement Jolaine Johnson took a voluntary demotion to become a bureau chief and will be assigned for the next four years to the Tahoe Regional Planning Agency, outside of the Carson City office.