Denver Board of Ethics: My office represents Wayne McDonald. He was a Denver employee from July 2011 to May 2012.

I respectfully request that the Board conduct an inquiry into whether or not Denver Mayor Michael Hancock, Denver Police Officer , and Denver Mayors Press Secretary Amber Miller failed to comply with Denvers Ethics Code, including but not limited to Sec. 2-61 (conflict of interest), Sec. 2-67 (use of public office for private gain), Sec. 2-68 (use of confidential records) and Sec. 2-69 (aiding others). All three persons are current officers, officials or employees of Denver. Undisputed Facts: Within days of winning the mayoral election, Michael Hancock asked Wayne McDonald to serve as his Special Assistant. Mr. McDonald reports that the Mayor promised Mr. McDonald that the City would hire and pay to Mr. McDonald $85,000 per year (nearly double the amount paid by the former Mayor to his Special Assistant) if Mr. McDonald would agree to forego other employment opportunities and serve in said capacity for the duration of the Mayors term(s) of office. Mr. McDonald reports he accepted the Mayors offer of employment. To memorialize their agreement, on July 11, 2011, the Mayor gave to Mr. McDonald an appointment letter that states, in pertinent part: Thank you for agreeing to serve as the Special Assistant to the Mayor. I hereby designate and appoint you to serve at the pleasure of the Special Assistant to the Mayor effective July 18, 2011. Your classification for pay purposes shall be Executive and your annual salary shall be $85,000. thank you for your commitment to my administration A copy of this letter is attached as Exhibit 1. After Mr. McDonald was hired by the City, the City gave to Mr. McDonald business cards, identifying Mr. McDonald as Executive Advisor to the Mayor, Special Projects Manager and set his annual salary at $85,000. Mr. McDonald also was referred to as Special Projects Coordinator. Mr. McDonalds job duties were not clearly defined, but he completed all tasks assigned to him by the Mayor or other members of the Mayors staff. See Exhibit 2. (a Denver police After the Mayor was sworn into office, he selected officer) to serve on his executive security detail. Mr. McDonald did not supervise or otherwise have any control over employment. When Mr. McDonald travelled around the City with the Mayor, Mr. McDonald would see and interact with . Mr. McDonald reports that they engaged in conversations ranging from workplace issues, sporting events, and personal matters. frequently placed telephone calls to Mr. McDonalds personal cell phone to discuss personal matters, including during the early morning hours (before 7:00 AM) and in the evening (after 6:00 PM) while he was off-duty. During the 2011 Christmas season, Mr. McDonald reports that he and exchanged expensive gifts.

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In February 2012, perhaps in response to the Denver Auditors Office report that was critical of some of its operations, Denvers Department of Excise and Licenses requested the assistance of the Mayors Office in completing several of its tasks. See Exhibit 3. On March 8, 2012, Mr. McDonald was re-assigned to work in the Department of Excise and Licenses, with the new title of Executive Advisor to the Mayor, Manager of External Affairs. Mr. McDonalds office was moved to the Department of Excise and Licensing. He was given a new phone number and new business cards. Mr. McDonald also was given a job description and informed that his job performance would be evaluated based upon the Denver Career Service PEPR and PEP protocols. See Exhibit 4. was on or about March 11, Mr. McDonald reports that the last day he saw 2012, when came to the church he attends. Mr. McDonald reports he introduced to his wife and other family members. On May 18, 2012, Mr. McDonald was called into Room 389 of the City-County Building, 1437 Bannock Street, Denver, CO 80202. The Mayors Deputy Chief of Staff Stephanie OMalley told Mr. McDonald that had just reported that Mr. McDonald sexually harassed her. As proof of her claim, reportedly produced a tape recording she secretly made of a telephone conversation she placed to Mr. McDonald. The tape recording runs for almost 31 minutes. Mr. McDonalds telephone records show made a phone call to Mr. McDonalds cell phone that lasted for 31 minutes on November 3, 2011. See Exhibit 5. Mr. McDonalds telephone records also show that between November 3, 2011 and March 14, 2012, placed dozens of telephone calls to Mr. McDonalds personal cell phone. During the meeting on May 18, 2012, Mr. McDonald reports he was asked whether he would be willing to cooperate in an investigation that would be conducted by the Mountain States Employers Council (MSEC). Mr. McDonald denied that he sexually harassed and agreed to fully cooperate with MSECs investigation. Ms. OMalley asked Mr. McDonald to give to her all City property in his possession (office keys, badges and other City identification). Mr. McDonald gave these items to Ms. OMalley, and was walked out of the building while a police officer monitored his departure. Mr. McDonald understood that he was suspended from his job pending the outcome of the MSEC investigation. On May 21, 2012, Ms. OMalley asked Mr. McDonald to meet her at Racines Restaurant in Denver. When Mr. McDonald arrived, Ms. OMalley and City Attorney Doug Friednash told Mr. McDonald that he could resign his job or he would be fired. Mr. McDonald told them that he had done nothing wrong and asked for a hearing or other opportunity to be heard. Mr. McDonald told them that the MSEC or other thorough investigation would show lied when she claimed he sexually harassed her. Mr. Friednash told Mr. McDonald that he was fired.

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Mr. McDonald did not receive a termination letter from the City. He did not receive anything in writing informing him of the allegations of misconduct or stating the reasons for his termination. In mid-June 2012, news reporters telephoned Mr. McDonald requesting interviews regarding his termination from his employment with the City, indicating they heard rumors he was fired for sexual harassment. These telephone calls were referred to Mr. McDonalds attorney. I informed Amber Miller (the Mayors Press Secretary) in writing that Mr. McDonald was not authorizing the release of any information pertaining to his termination, and reminded her of the requirements of Colorado State laws prohibiting the disclosure of confidential information from a City employees personnel files. See Exhibit 6. On or about June 21, 2012, Ms. Miller sent email(s) and/or other communications to news reporters informing them that Mr. McDonald was fired because of serious allegations of misconduct. The news reporters published stories stating that Mr. McDonalds termination was related to allegations that Mr. McDonald sexually harassed an unnamed female Denver police officer. Through his attorney, Mr. McDonald denied these allegations. During a press conference, the Mayor confirmed the previous press reports that Mr. McDonald was fired for misconduct. See Exhibit 7. In June 2012, Mr. McDonald requested a copy of his personnel file. The City produced a document purporting to be Mr. McDonalds appointment letter and a few other pieces of paper. However, the appointment letter the City produced is not the same appointment letter Mr. McDonald claims the Mayor gave to Mr. McDonald in July 2011. Mr. McDonald reports that he had never before seen the letter produced in June 2012 and believes it was written after Mr. McDonald was fired. A copy of this letter is attached as Exhibit 8. In July 2012, Mr. McDonald again requested a copy of his personnel file asking for a bate-stamped pdf file of it to ensure no additional changes were made thereto. The City responded by saying that it did not create a personnel file for Mr. McDonald. A copy of the email correspondence is attached as Exhibit 9. However, the actual appointment letter (Exhibit 1), as well as the new appointment letter (Exhibit 8), both clearly indicate that a copy of the document is being placed in Mr. McDonalds Career Service Authority Personnel file. Potential Code Violations: Given the above noted undisputed facts, it appears an investigation by the Board of potential Code violations is warranted. Without question, confidential information not available to the public was released by the Mayor and his press secretary to the news media. This conduct appears to violate Sec. 2-68 (use of confidential records). Furthermore, there are two appointment letters one Mr. McDonald claims was given to him at the time he was hired in July 2011, and one given to me by the Citys attorney after Mr. McDonald was fired. Curiously, the Citys attorney claims no personnel file was created for Mr. McDonald both appointment letters clearly state such a file exists. The existence of two appointment letters raises questions of whether or not an attempt was made to modify the
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contents of an official government record (i.e., an employees personnel file) after the employee was fired. At this time, I am not certain which specific Section of the Code was violated perhaps Sec. 2-61, which prohibits conflicts of interest. It also appears that improperly used her position as a Denver police officer to falsely accuse Mr. McDonald of sexual harassment. The records show that whatever allegedly unwelcome comment Mr. McDonald might have made to was made before November 3, 2011 when secretly recorded her telephone call to Mr. McDonald, before she reportedly exchanged expensive gifts with Mr. McDonald during the 2011 Christmas season, and before she made dozens of telephone calls to Mr. McDonald from November 3, 2011 to March 14, 2012. Certainly, conduct after November 3, 2011 is completely inconsistent with that expected of an alleged victim of workplace sexual harassment. Why secretly recorded a telephone conversation she placed to Mr. McDonald on November 3, 2011, and then waited until the middle of May 2012 to report her concerns about Mr. McDonalds pre-November 2011 comment currently is unknown. However, it appears conduct might have violated Sec. 2-67 (use of public office for private gain) or other Sections of the Code. Thank you for your kind attention to this matter. Please send correspondence relating to this matter to me via email at annesulton@gmail.com. Dated this 25th day of September, 2012. s/ Anne T. Sulton Anne T. Sulton Attorney for Wayne McDonald

Attachments 1-9 C: Mr. Wayne McDonald (w/attach) Denver Assistant City Attorney Robert Wolf (w/attach)

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