The Mercury News

Assessor accused again of harassment

Co-worker says she’s fed up with Kramer’s behavior toward women

- By Matthias Gafni mgafni@bayareanew­sgroup.com

Contra Costa County Assessor Gus Kramer likely sexually harassed two female employees in his department, according to an investigat­or hired by the county to look into the workers’ complaints.

In one text message, the assessor told a subordinat­e that he wanted to “have you all to myself.” The woman said Kramer also shared stories of encounters with other women and told of giving a sex toy as a gift, according to county records obtained by the

Bay Area News Group through a public records request.

It wouldn’t be the first time that 68-year-old

Kramer — recently elected to another four-year term — has been accused of behaving inappropri­ately in the workplace. In 2009, the county paid out $1 million to settle a complaint by Bernice Peoples, who worked in the assessor’s office. During her tenure, she accused Kramer of sexual harassment, racial discrimina­tion and retaliatio­n.

The latest incidents occurred between 2008 and 2015, according to the 55 pages of records that include letters summarizin­g the investigat­or’s findings and related documents. The investigat­or’s report itself was not released by the county, citing attorneycl­ient privilege. Kramer declined to comment directly about the issue.

On June 18, County Administra­tor David Twa wrote to one of the accusers — associate appraiser Margaret Eychner — saying an independen­t investigat­or determined it was “more likely than not” that on several occasions in 2014 and 2015, Kramer “made comments that were not appropriat­e in a workplace environmen­t and that made you feel uncomforta­ble.” He wrote a

similar letter to another female employee whose sexual harassment complaints for inappropri­ate comments made in 2008, 2013 and 2015 were sustained by the investigat­or.

Twa declined to comment about whether Kramer had been discipline­d for the recent findings, saying it was a confidenti­al personnel matter.

Eychner said Kramer should be held accountabl­e.

“Honestly, I’d love for him to resign. We have a terrible culture in the office right now, and he’s the root of it,” said Eychner, who has worked in the county department for a decade. “I’m doing this for the other women in the office. This guy needs to stop toying with people.”

Eychner, 50, of Walnut Creek, said she filed a formal complaint after receiving a Jan. 5 email sent to all county employees from Board of Supervisor­s Chair Federal Glover and Twa encouragin­g them, in light of the #MeToo movement, to report misconduct. She also had just learned Kramer planned to run for re-election.

The documents show that Eychner had complained to a female supervisor about the harassment nearly three years ago but heard nothing more about it until early

this year when she asked the supervisor and was told she had shared Eychner’s concerns with Kramer informally.

Eychner’s formal complaint, filed Jan. 16, included a list detailing her allegation­s. The county hired outside attorney Terry Roemer to investigat­e; however, the probe was not completed until after Kramer was reelected in June. He ran unopposed.

Eychner alleged Kramer sat in her cubicle once and shared a story about giving a sex toy as a Christmas present. Eychner, who was her department’s labor representa­tive, said that on one occasion, Kramer told her he would discuss negotiatio­ns only if they went for a drive alone in his car.

“I was so very uncomforta­ble being in the car with him. I made it a point after this situation to never be (alone) privately with him,” Eychner wrote in the complaint.

She alleged Kramer would constantly visit her cubicle after learning of her pending divorce, and she would “cringe” as he shared stories of encounters with women. During 2014 union negotiatio­ns, Kramer texted her to meet him in the lobby of the county administra­tion building and, when she arrived, he presented

her with a rose, she alleged.

Kramer also texted Eychner saying, “I wanted (to) have you all to myself,” and in August 2014, Kramer, who was on vacation, sent her a text saying that she should be there with him. He apologized in a text the following day, according to texts Eychner provided to this newspaper and the investigat­or.

The second employee has not come forward publicly. But in a letter included in the documents released by the county, Twa wrote that her allegation­s against Kramer were about “comments of a sexual nature.” None of the allegation­s involved inappropri­ate touching.

In an email Thursday, Kramer declined to directly comment on the allegation­s, instead asking a reporter to review a 2015 Board of Supervisor­s meeting archived video, without saying why. The supervisor­s honored Kramer at that meeting for 40 years of county service, and before the meeting started, Eychner is seen sitting two seats away from Kramer in the gallery.

“A picture is worth a thousand words ... a video is worth even more . ... If you don’t see what everyone else sees ... please don’t call me back,” Kramer wrote in an email, declining to clarify.

Eychner originally came forward with the complaints in October 2015 to Assistant Assessor Sara Holman, one of the highest ranking employees in the department, according to emails and five pages of Holman’s handwritte­n notes included in the records. The second woman also came forward then.

In an email earlier this year, Holman advised Eychner that she had handled the complaint informally and that no written report was prepared.

“At the conclusion of our meeting, I advised you that I would discuss your concerns with Mr. Kramer, which I did. You agreed with this informal approach,” Holman wrote.

Holman did not respond to a request to comment, and Twa said he could not comment on her actions, citing confidenti­ality restrictio­ns.

In June, Twa notified Kramer that the allegation­s against him were sustained and reminded him not to retaliate. In his letter, Twa noted the investigat­or found no further harassment after 2015.

Former Concord City Attorney Michael Martello, who now teaches government ethics classes, said government agencies are required to keep a workplace safe.

“If the report found nothing has happened since (2015), then that’s a good thing, but safeguards should be put in place to prevent it from happening again or at least reported early,” he said.

In 2009, the county reached the $1 million settlement with Peoples after a jury rejected 11 of her 12 claims but found Kramer had retaliated against her after she filed a sexual harassment complaint against him in 2000. The county had cleared Kramer of that 2000 complaint. At the time of the settlement, the county said that it made the deal to limit taxpayer exposure.

Among Peoples’ allegation­s was that Kramer offered her a motel room key. Unrelated to the claim, her attorney at the time shared a video from the 1999 assessor’s office Christmas party where Kramer came into a hotel banquet room wearing women’s lingerie with a garter belt and stockings. Men and women stuffed money into his garter belt as he danced to “Super Freak.”

Kramer previously said the Christmas party dancing was “done for entertainm­ent.”

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