April 19, 2016

The Honorable Mark B. Dayton

Governor, State of Minnesota
The Honorable Tina Flint Smith
Lieutenant Governor, State of Minnesota
116 Veterans Service Building
20 West 12th Street
Saint Paul, Minnesota 55155
via electronic delivery

Governor Dayton, Lieutenant Governor Smith,

Protecting public employees from retaliation, harassment and other hostility in the workplace is critical to
ensuring effective and responsive government. In recent years, allegations of harassment, retaliation and
intimidation by high-level political appointees have stained the good work by hard-working public servants.
These incidents, as well as anonymous complaints from agency employees, raise concerns about both the
prevention of and response to hostile workplace complaints in state agencies.
Earlier this month, a former deputy commissioner for the Department of Commerce alleged harassment and
retaliation. While that complaint is pending in district court, Commissioner Rothmans response displayed
a surprising lack of concern for rank and file employees. When asked about allegations regarding sexuallycharged communications and intentional frustration of open government requests, Commissioner Rothman
imprudently stated that the complaints were simply false and had absolutely no merit.
Commissioner Rothmans response sends a chilling signal to other Commerce Department employees
facing harassment or considering reporting wrongdoing: anyone who questions the behavior of high-level
political appointees will be diminished or driven out of the agency. Leading a state agency requires looking
out for the welfare and safety of all employees, not just a protected few.
This incident follows other high-profile allegations of harassment and inappropriate sexual conduct across
state government. In 2012, the director of the Minnesota Security Hospital and a deputy commissioner at
the Department of Human Services resigned following an investigation that found the director belittled
employees and engaged in sexually-charged humor. Last November, the Department of Public Safety
agreed to a settlement of nearly $100,000 with a former employee who alleged persistent sexual harassment
by a colleague and retaliatory behavior by a supervisor after the employee reported the incident.

These payouts divert taxpayer dollars away from vital services and programs, and paper over larger issues
about inappropriate conduct in state agencies. Given the financial and legal implications of hostile
workplace claims, it is my hope that the Dayton Administration will review the sexual harassment policies
of each state agency to ensure the safety and well-being of all employees.
Moreover, I encourage you to send a strong message to all agency leaders that it is inappropriate to dismiss
concerns and complaints of this type before investigations are complete and whistleblowers have been given
a fair hearing. This will resolve any ambiguity following your expression of confidence for Commissioner
Rothman yesterday.
Sincerely,

Rep. Peggy Scott

Chair, Civil Law & Data Practices Committee
Minnesota House of Representatives