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In Blistering Exit, Former Capitol Official Slams How Oregon Handles Harassment

Nate Monson, bottom left, addresses lawmakers during a hearing in April.
Dirk VanderHart
Nate Monson, bottom left, addresses lawmakers during a hearing in April.

Nate Monson served as the legislative equity officer for just months before quitting what he says was an untenable position.

In June, after just two months on the job, the official who Oregon lawmakers rely on to handle harassment complaints in the state Capitol resigned.

But Nate Monson, the state鈥檚 acting legislative equity officer, did more than just quit.

In a letter and accompanying memo filed as he left, Monson fired off a barrage of troubling allegations that paint a picture of disarray as state leaders seek to address harassment and other workplace issues in the Capitol.

Monson wrote about the Legislature spending hundreds of thousands of dollars on outside lawyers, without a competitive bidding process. He said the law firms investigating reports of inappropriate behavior hadn鈥檛 been paid on time more than once, causing those lawyers to stop work and drawing out even further the time between the actual bad behavior and the state鈥檚 response. He mentioned empty file cabinets and complaints that had apparently languished with no response.

鈥淲hen I started, there were no case files, electronic documents, trainings scheduled, and bills that were unpaid resulting in investigations lasting on average 10 months over this past year,鈥 Monson wrote. 鈥淭here were outstanding cases where individuals tried to file but heard nothing back. The severity of the situation means that justice is not being given to those who have come forward and may cost taxpayers millions in lawsuits from the liability of not having proper procedures, documentation, and oversight.鈥

The scathing synopsis offers a dismal view of a system created in 2019, after accusations of long-term sexual harassment by a former state senator rocked the Capitol. In the wake of that scandal, lawmakers crafted what鈥檚 known as Rule 27, the Capitol鈥檚 formal policy for dealing with allegations of harassment, retaliation and other negative conduct.

The legislative equity officer, or LEO, has a major role in the Rule 27 process, with responsibility for fielding complaints, assessing reports of misconduct, offering confidential process counseling and more.

Monson鈥檚 allegations are partly geared toward his predecessor in the role, Jackie Sandmeyer. Sandmeyer was the first person to hold the position and thus was tasked with getting the operation up and running when they began in late 2019.

But Monson also says lawmakers who control the process, the chairs of the Joint Conduct Committee, were at times unconcerned with problems he raised.

鈥淲hen I started, people would say, 鈥楾his place is crazy,鈥欌 Monson told OPB. 鈥淚 felt like they warned me this is a terrible job.鈥

Monson arrived at the Capitol in April, following what he says was a lengthy interview process. He鈥檇 previously spent more than a decade in Iowa, working for the anti-bullying nonprofit organization.

Sandmeyer, the former acting LEO, had made the decision to leave the position.

Monson officially assumed his position on April 12, moving into an office located in the Capitol鈥檚 basement. By June 15, he was penning his blistering resignation letter. He now says he knew that first day he might not last long in the building.

鈥淚 kind of knew it was kind of a mess,鈥 he said.

For now, at least, that account has gone unchallenged. Capitol officials have not been keen to discuss Monson鈥檚 departure.

His former direct supervisors are the four Conduct Committee chairs 鈥 Sens. Floyd Prozanski, D-Eugene, and Chuck Thomsen, R-Hood River, along with Reps. Julie Fahey, D-Eugene, and Ron Noble, R-McMinnville. All four declined to discuss Monson鈥檚 resignation or the reasons behind it. Most also did not respond to questions about his claims.

The state鈥檚 two most powerful lawmakers, House Speaker Tina Kotek and Senate President Peter Courtney, largely deflected inquiries, saying oversight of the position was vested with the Conduct Committee.

鈥淭he Legislative Equity Office is an independent, standalone office that is accountable to the bipartisan Joint Conduct Committee,鈥 Courtney, a Salem Democrat, said in a statement. 鈥淚 am confident the committee will deal with this situation in a fair and objective manner.鈥

Kotek鈥檚 chief of staff, Lindsey O鈥橞rien, acknowledged that the House speaker, a Portland Democrat, was aware of at least some of the issues Monson raised.

鈥淭he Conduct co-chairs have since brought those concerns to the Speaker鈥檚 attention and she supports their efforts to get to the bottom of any past problems and increase financial and administrative oversight of the office moving forward,鈥 O鈥橞rien said in an email.

Sandmeyer, however, was caught off guard by Monson鈥檚 complaints, saying Monson had not raised them when the two worked together.

鈥淲hile I offered Mr. Monson an additional three months of my time in the office after he assumed the role, to ensure his transition was smooth, Mr. Monson notified me early into this transition timeline that my assistance was no longer needed,鈥 Sandmeyer said in an email to OPB. 鈥淗e told me he was confident in his responsibilities in the role and thanked me for my support. At no time while we were working together nor afterward did Mr. Monson bring any concerns to my attention, request additional information nor let me know that he was experiencing challenges in the role.鈥

Sandmeyer, who runs a firm that helps instruct schools on federal and state discrimination and sexual violence laws, stands by their work in the Capitol. They did not address Monson鈥檚 allegations point by point.

鈥淚 have years of experience working to change workplace culture and guide institutions on best practices for training, reporting, and investigating sexual harassment and misconduct and I brought all that experience into my work in the Legislative Equity Office,鈥 Sandmeyer wrote. 鈥淚 believe my record in the interim position in the Legislature and with the hundreds of clients and organizations I have worked with in the past stand on their own merit.鈥

The tumult over how the lawmakers address bad behavior comes as the topic is coming up more often.

In March, former Rep. Diego Hernandez, D-Portland, after a Rule 27 investigation led to findings he鈥檇 harassed former romantic partners who worked in the Capitol. In June, Rep. Brad Witt, D-Clatskanie, after a Rule 27 complaint about inappropriate text messages. Now-expelled Rep, Mike Nearman, a Polk County Republican, was the subject of after he allowed far-right demonstrators into the Capitol.

But the process has been clunky, despite its increased use. One frequent criticism: that investigations under Rule 27 have often extended far past an 84-day target set forth in the rule, angering both complainants and respondents who want the process over with.

One of Monson鈥檚 more serious claims offers insight into at least some of that delay.

When he took control of the Legislative Equity Office in April, he wrote, the Legislature owed more than $200,000 to two private law firms that conduct formal investigations into Rule 27 complaints. Those investigations frequently involve interviewing witnesses and analyzing documents before issuing findings, but Monson told OPB that unpaid bills had repeatedly led lawyers to stop work until an invoice was taken care of.

In other cases, the two firms, Stoel Rives and Jackson Lewis ran up against pay limits in their state contracts and ceased working until those contracts could be amended to approve more money.

According to Monson, those work stoppages extended investigations into Witt and others. Some of those inquiries have extended months past their target date for completion.

鈥淭his is having real profound impact on complainants and respondents,鈥 he said. 鈥淵ou could be removed from a committee if you鈥檙e a member while this is under an investigation, and that has real consequences to your constituents. Or a staff member is on administrative leave for 10 months 鈥 a 10-month vacation paid for by Oregon taxpayers.鈥

But Monson says he didn鈥檛 get a lot of interest when he reported the problem to his supervisors, the Conduct Committee chairs.

鈥淲hen I let the conduct chairs know that this had happened after I started, they kind of rolled their eyes,鈥 Monson said. 鈥淭hey glossed over it as an administrative oversight.鈥

Monson says he ran into no problems getting bills paid promptly during his months on the job and isn鈥檛 sure why it was an issue before his arrival. He also says he was able to quickly amend ongoing contracts with Jackson Lewis and Stoel Rives to allow them to be paid $100,000 more, even though legislative attorneys advised him it was unethical for the state to pay the firms such large sums without a competitive process.

Under most circumstances, requires public contracts that exceed $150,000 to use a formal procurement process. 鈥淥riginal amounts were below the formal bidding process but have ballooned to over $500,000 for each firm to continue to do their work,鈥 Monson wrote, calling the practice 鈥渋nappropriate.鈥

OPB has filed a public records request for all contracts and contract amendments for Rule 27 investigations, but the state has not provided those documents. The two independent investigators the state works with, Brenda Baumgart and Sarah Ryan, did not answer questions about work stoppages and how they impacted investigations. Baumgart referred questions to the Legislature. (Full disclosure: Baumgart has done legal work for OPB in the past.)

Another major concern by Monson involves records. Under Rule 27, it鈥檚 up to the Joint Conduct Committee to 鈥渆stablish uniform recordkeeping processes鈥 that the equity office must use, and to ensure that reports of inappropriate conduct are 鈥渨ell documented.鈥

But Monson said he arrived on his first day to find he had neither digital nor paper copies of past case files. He says Sandmeyer handed him a post-it note that contained details of ongoing cases.

As he looked over old emails, Monson said it was unclear whether some potential complaints had been addressed. In one case he found an account filed months before, but no evidence Sandmeyer had contacted the complainant.

鈥淭here is a track record of individuals reporting and cases being unheard,鈥 Monson wrote.

In another instance, he believes that Sandmeyer incorrectly handled a complaint filed by House Democrats over the conduct of Nearman, the now-expelled state representative. Monson says Sandmeyer indicated that the lawmakers decided not to proceed with the complaint, which was not true and delayed an investigation.

鈥淯npaid bills is one column,鈥 Monson said. 鈥淏ut to not have documentation and data and everything you need to do this job correctly is really serious.鈥

In the wake of Monson鈥檚 resignation, lawmakers have temporarily to the very attorneys the Capitol has apparently failed to pay on time.

鈥淒ue to unforeseen circumstances, the legislature needs to undergo a new recruitment process and recruit a new Legislative Equity Officer,鈥 the Conduct Committee chairs wrote in a June 23 email to Capitol staff. In the meantime, they wrote, 鈥渃ore LEO office functions鈥 will be completed by the firms, Stoel Rives and Jackson Lewis.

Sen. Floyd Prozanski, the sole Conduct Committee chair to respond to any of OPB鈥檚 questions, says that arrangement is fine until he and his colleagues can find a replacement.

鈥淲ithout an LEO in place, the office is not functioning as intended,鈥 Prozanski said. 鈥淲e are currently in the process of hiring a new LEO.鈥

Monson, who moved to Oregon from Iowa to accept a position he says is set up to fail, believes they shouldn鈥檛 rush. In his memo to lawmakers, he recommends a 鈥渢horough evaluation鈥 of the office, along with a 鈥渟trategic plan and vision for the office for the next Officer to be successful and have a starting place.鈥

鈥淚 came nearly 2,000 miles to do good work,鈥 Monson wrote in his resignation letter. 鈥淔or the sake of the next person, take some time to consider the office, the role, and how to be strategic in its functions.鈥

Copyright 2021 Oregon Public Broadcasting. To see more, visit .

Dirk VanderHart is JPR's Salem correspondent reporting from the Oregon State Capitol. His reporting is funded through a collaboration among public radio stations in Oregon and Washington that includes JPR.