Independent investigation clears ex-city administrator

Yuma attorney Walsma looks into accusations against Greg Wilkinson

Editor’s note: This is the second of a three-part series on the findings of an independent investigation on allegations made by Sgt. Henry Valenzuela against then City Administrator Greg Wilkinson. While the first part focused on the retaliation accusation, this part focuses on the other allegations made by Valenzuela. The third part will focus on the reaction from Valenzuela and Wilkinson.

An independent investigation requested by Yuma Sgt. Henry Valenzuela found no wrongdoing on the part of former City Administrator Greg Wilkinson.

On April 9, Valenzuela filed an internal Human Resources complaint alleging that Wilkinson took eight actions against him for asking questions, making presentations, posting videos on YouTube and questions on Facebook regarding the Pacific Avenue Athletic Complex and city financial issues.

The city hired Pamela Walsma of the Yuma law firm Hunt, Walsma & Gale to investigate the complaint. Walsma’s six-page report, dated June 11, lists each action and her findings.

During the investigation, following pressure from citizens, Wilkinson announced his retirement on April 25, Valenzuela requested that the investigation be continued, and Monica Welch, the city’s director of human resources, asked the law firm to complete the investigation.

As part of the investigation, Walsma reviewed Valenzuela’s complaint, the police department’s policies and award recommendations, personnel rules, Valenzuela’s annual evaluation, state statutes, human resources policies, memos, emails and correspondence.

In addition, the attorney interviewed Valenzuela, Wilkinson, now retired police chief John Lekan, Police Chief Susan Smith and Welch.

Here is a summary of the other seven actions listed in the report and Walsma’s finding:

• Valenzuela alleged that statements made by Wilkinson on the

Russ Clark radio show on Nov. 28 negatively affected his credibility and employment.

Findings: Walsma reported that while Wilkinson’s statements may have been unflattering to Valenzuela, the statements and the interviewer’s questions were a direct result of Valenzuela’s interview the previous day on the same radio show which was not flattering to Wilkinson nor the city administration.

“However, there was no evidence of any negative effect to Sgt. Henry Valenzuela’s credibility or employment. Both parties’ First Amendment rights must be given consideration. No adverse personnel action was taken and there was no material harm to Sgt. Henry Valenzuela,” the report reads.

• Valenzuela asserted that the city’s Human Resources Department did not respond to his questions and that city employee conduct policies changed without notice in response to Valenzuela’s questions. He asserted that Wilkinson directed these actions.

The policy specifically addresses the prohibition of harassment, discrimination and sexual harassment; gifts, gratuities and favors; and political activity and outside employment. The report does not specify which part of the policy was changed.

The report notes that HR did not answer Valenzuela’s specific questions about city policies but rather was told he should retain a private attorney.

Findings: Walsma reported that Wilkinson did not direct or interfere with actions taken by HR in relation to Valenzuela’s questions other than a request to run the questions by the city’s Legal Department.

In addition, the report notes, “the change to the policy was not directed by Wilkinson nor was the handling of the dissemination of the policy change unusual or out of the norm. No adverse personnel or retaliatory action taken.”

• Valenzuela asserted that the Jan. 2 criminal report filed by Wilkinson attacked his credibility and was an illegal attempt to harm his freedom and employment.

According to a Yuma County Sheriff’s Office criminal report, Wilkinson accused Valenzuela, former mayor Phil Clark and attorney Will Katz of harassing and threatening him, city employees and council members. A YCSO investigator reported that he “did not see the criminal elements met for harassment when it pertains to a public official,” and a La Paz County attorney declined to file charges of harassment and threats against the three.

Findings: Walsma noted that “Wilkinson had the right to contact law enforcement and file a police report” and that “no adverse personnel action was taken and there was no material harm” to Valenzuela.

• Valenzuela alleged that an email sent by Wilkinson on March 18 was an attempt to discredit him. The email reportedly made reference to a “couple of individuals saying, emailing and making posts” that pay increases promised to police officers were not in the budget.

The report points out that while Valenzuela voiced his opinions and took actions as a private citizen, he initiated his reviews of the city finances as a member of the YPD Pay Plan Committee.

Findings: Walsma noted that the email did not specifically refer to Valenzuela. Although unflattering, the email countered earlier statements made by Wilkinson about the status of the pay increases. The City Council unanimously adopted new pay plans for the police and fire departments in January. The plans became effective on July 1, the start of fiscal year 2019-20.

Walsma reported that “no adverse personnel action was taken and there was no material harm” to Valenzuela following or due to the email.

• Valenzuela alleged that Wilkinson ordered an HR investigation into his work and email activities, which constituted a violation of his rights. He asserted that there were several investigations.

Findings: The report indicates that the city has a policy that limits the time city computers are used for personal activities per pay period. Walsma reported that Wilkinson made one inquiry to HR about Valenzuela’s use of city computers for personal matters, not several inquiries.

“The inquiry was not unreasonable and the City Administrator, Greg Wilkinson, had the right to ask for an inquiry,” Walsma reported.

The inquiry confirmed that Valenzuela was not using city computers in excess of the time allowed by the city, the attorney said.

“No further action was taken and all City rules were followed in the inquiry process. There was no adverse personnel action taken and there was no material harm” to Valenzuela, she added.

• Valenzuela alleged that during a job interview for police chief Wilkinson asked then Deputy Chief Smith questions about Valenzuela and the public controversy. Valenzuela asserted that the questions were aimed at getting Smith to violate Valenzuela’s free speech rights.

Findings: Walsma noted that Smith, who was selected as chief, was not directed during the interview

or after the promotion to take adverse action against Valenzuela. There was no adverse personnel action taken and there was no material harm to Valenzuela, the report added.

• Valenzuela alleged that a Facebook post by Nicolle Wilkinson, wife of Greg Wilkinson, was a threat of physical violence and directed or approved by Greg Wilkinson.

Findings: Walsma reported that the post did not mention Valenzuela, and Wilkinson said it was not directed at Valenzuela but was about a television show. Wilkinson did not direct the post nor did he know about it until another individual pointed it out, Walsma stated.

Walsma noted that Mrs. Wilkinson is not a city employee. “Considering the First Amendment rights of Nicolle Wilkinson, the fact that she is not a City employee, there is no evidence that Greg Wilkinson had any involvement in the post or that it was related to Sgt. Henry Valenzuela, this claim is unsubstantiated,” the report reads.

However, the attorney added, “it is troubling that the City Administrator’s wife’s Facebook page was monitored and her posts re-posted by individuals adverse to the City Administrator.”