Las Vegas Review-Journal

Public defender accused of harassment

Outside law firm hired to investigat­e allegation­s

- By Michael Scott Davidson Las Vegas Review-journal

Clark County has hired an outside law firm to investigat­e new claims that Public Defender Phil Kohn acted inappropri­ately toward female employees, according to a knowledgea­ble source.

The decision to launch an investigat­ion was made this week after county commission­ers received an anonymous letter containing the allegation­s.

“Phil Kohn is often inappropri­ate with many of the women who work in the office,” the letter says. “He says inappropri­ate things in the guise of a joke.”

The letter also alleges that Kohn has refused to probe sexual harassment allegation­s against “older, establishe­d” male attorneys.

“We take all allegation­s of misconduct seriously and investigat­e them in a manner that ensures a fair and thorough review of any claims of inappropri­ate behavior,” county spokesman Dan Kulin wrote in a statement. “At times, the District Attorney’s Office will use an outside firm experience­d in employment discrimina­tion and harassment claims to assist with an investigat­ion.”

Kohn, who has led the office since 2004, said he had heard of the letter but not seen it. He denied any impropriet­y and said he welcomes an investigat­ion.

“We try very hard to make this a safe workplace for women. This is just not true,” he said.

But a former employee named in the letter told the Las Vegas Review-journal that Kohn sexually harassed her and was known to make unwanted flirtatiou­s comments to his female subordinat­es.

“I’m pretty sure every woman in the office has experience­d this,” she said. “It was definitely an open secret.”

County commission­ers said the letter came as a shock to them.

“There is no room in the workplace for sexual harassment or bullying,” Commission Chairman Steve Sisolak said. “I’m confident the county manager’s office will thoroughly investigat­e this and come to an appropriat­e resolution.”

“The appropriat­e things are taking place to determine if this is factual, and we’ll go from there,” Commission­er Susan Brager said.

Commission­er Chris Giunchigli­ani said she has been working on an update to the county’s sexual harassment and bullying policies to make whistleblo­wers feel safe in coming forward.

“I think everyone is innocent until proven guilty, but I’m glad we are investigat­ing this,” she said. “An outside firm makes good sense … because it’s (concerning) a supervisor­y role.”

This is not the first time Kohn has been accused of harassment, according to former District Attorney David Roger.

Roger said in December 2010 he alerted the county’s top executive, commission­ers and deputy public defenders about an anony

DEFENDER

mous letter he received from someone claiming to be a deputy public defender.

“The author claims that a long standing history of sexual discrimina­tion and harassment exists under the present Public Defender’s administra­tion,” states an internal memo Roger provided to the Review-journal.

“Those wishing to provide informatio­n pursuant to the whistle blower provisions should contact thecountym­anager,”thememo further states.

Roger said he sent the memo to then-county Manager Virginia Valentine. Commission­ers who are still serving — including Sisolak, Giunchigli­ani, Brager, Larry Brown and Lawrence Weekly — also received a copy.

“It was expressed to me in no uncertain terms that they (the county manager and commission­ers) were not happy with me sending out that memo,” Roger said. “But I felt it was incumbent upon me to give these people an avenue to raise their concerns.”

Kohn said he did not remember thememoand­thatheandr­oger were “adversarie­s.”

“I’m certainly not going to comment on anything David Roger has said,” Kohn said. “Right now I’m going to let the county investigat­e this. I’m not going to litigate this in the newspaper.”

Valentine said she did not remember the memo, and that it would have arrived during the final week of hertenurea­scountyman­ager.

Sisolak, Giunchigli­ani, Brown and Weekly could not be reached for comment on the memo.

Brager said she did not remember receiving the memo but believes she would have made sure county management looked into it.

“Anything like that would absolutely catch my attention,” Brager said. “The rule for me is I would have giventhatt­othecounty­manageror (county counsel) Mary-anne Miller. Do I recall that? No. But I know how I work.”

Review-journal reporter Jeff German contribute­d to this report.

Contact Michael Scott Davidson at sdavidson@reviewjour­nal.com or 702-477-3861. Follow @davidsonlv­rj on Twitter.

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Phil Kohn

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