ouizizo18 Som ranean u 13 14 15 16 7 18 9 20 21 2 23 2g 25 26 27 28 15:43 Mark Mausert ESQ (FAX)775 786 9658 P0101 Case 3:17-cv-00458-MMD-VPC Document 35 Filed 01/11/18 Page 1 of 11 Mark Mausert NV Bar No, 2398 Cody Oldham, Esq. 930 Evans Avenue Reno, NV 89512 (775) 786-5477 Fax (775) 786-9658 mark@markmausertlaw.com Auorieys for Plaintiff IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF NEVADA MAUREEN McKISSICK & ‘Case No.: 3:17-cv-00458-MMD-VPC DEANNA GESCHEIDER, Plaintifts, ¥s. NOTICE OF SUPPLEMENTAL DECLARATIONS IN SUPPORT CITY OF RENO and DOES I-X, ‘OF MOTION TO RECUSE, Defendants f COME NOW plaintiffs, through their attomeys, and hereby file a Notice of Supplemental Declarations in Support of Motion to Recuse Reno City Attomey Karl Hall and his Office, ic, all attomeys in the employ of the Reno City Attomey's Office. These supplemental Declarations are filed post-briefing because they were unavailable at the time plaintiffs filed their Motion and the Reply Points and Authorities in support thereof, For instance, the “Declaration Under Penalty of Perjury”, executed by Ms. Jean Elta Atkinson, a member of the Reno Civil Rights Commission, was obtained on January 5, 2018. Ms, Wolf made a decision not to file her own lawsuit post-briefing. ‘The Declaration of Ms, Atkinson is very materiel to the Motion. Ms. Atkinson authored the City's policy on sexual harassment and retaliation, although the original policy ‘was subsequently modified by others. Declaration, paragraph 4, Ms. Atkinson was made Page t0112/2018 18:44 Mark Mausert,ESQ (FAX)775 786 9658 P.00z/011 Case 3:17-cv-00458-MMD-VPC Document 35 Filed 01/11/18 Page 2 of 11 aware, in July, 2015, by Mr. Clinger's secretary, Ms, Vishe Siddharthan, that Mr. Clinger and Assistant City Manager Kate Thomas were behaving in the manner befitting a romantically involved couple. Declaration, paragraph 5. Ms. Atkinson, in her capacity as a member of Reno Civil Service Commission, investigated and learned Clinger had bestowed on Ms. ‘Thomas an extraordinary raise of approximately $44,000. She also determined Mr. Clinger appeared to be discriminating against men, See, e.g., Declaration, paragraphs 6-8, Approximately a year prior to the plaintiffs complaining, Ms. Atkinson informed the City of her findings — to the effeot Clinger was using his authority as City Manager to discriminate in favor of women he was sexually attracted to, pir fla Resear be Ci of Refi Maan bt believed the City had a gender bias problem per the decisions regarding pay that had been made by City Manager Clinger in regard to members of the management group. 1 also explained to Ms. Leerman that based on the data I had seen, and the information 1 had been receiving, I was concerned that these docisions algo reflected a “predilection” for females, She nodded and thereby manifested her aflirmmanve, 4 als informed Ms, Lecrmaa’s supervise: Mr Rober Chisel on August 212015) and Assistant City Manager Mr. Bil! Thomas (on or around September 1, 2015) of my concer regarding gender bias in the wage decisions made by Mr. Clinger. Mr. Chisel responded in the affirmative and stated, “Andrew likes the pretty ones” ~ or words to that direct effect, Mr. Thomas aiso affirmed awareness. Declaration, p.3. In other words, about a year prior to the plaintiffs being reduced to complaining, the City knew Clinger was using his authority to curry favor with women he found sexually attractive, As noted in the Complaint and Jury Demand, this favoritism created a dynamic whereby Ms, Thomas jealously guatded her position ~a position she held by virtue of Clinger's view of her as a unicorn. See, the Declaration of Robert Chisel (Mr. Chisel repudiates Clinger's denial he used the term “unicom"), Ms, Thomas instituted a campaign of harassment against plaintiff Maureen McKissick. And, of course, Clinger pursued plaintiff Deanna Gescheider ~ a pursuit which, per Ms. Atkinson's 2015 report, was eminently prodictable, and more importantly, preventable, ‘The information Ms, Atkinson acquired from Mr. Clinger's secrotary, along, with her findings, should have resulted, per the City’s poliey, in an immediate investigation, Page 2o1tar2o18 u 12 13 4 15 16 7 18 19 20 a 22 2B 24 25 26 27 28 15:44 Mark Mausert ESQ (FAN)775 786 9658 P.0031011 Case 3:17-cv-00458-MMD-VPC Document 35 Filed 01/11/18 Page 3 of 11 Ms. Atkinson's Declaration, in light of the behavior of Mr. Hall, is extraordinary. When Hall wiviatized and derided the plaintiffs’ complaints, he knew or should have known, of Ms, Atkinson's 2015 findings! Yet, he attacked the plaintiffs, and invited others to attack them, notwithstanding the fact the allegations were entirely consistent with Ms. Atkinson's findings, made a year prior, Hall went so far as to characterize the complaints as a “witch hunt”, Mr, Bill Dunne, whose employment has been terminated (apparently as the result of being co-opted by Hall) accepted Hell’s invitation, He intimidated Ms, Geschelder. The information provided by Ms. Atkinson was corroborated by Ms, Kim Wallin in early August of 2016. See, Wallin Declaration, attached hereto, Ms, Wallin spoke before the City Council and described Clinger’s extraordinary penchant for retaliation, én the presence of Mr, Hall. Sec, Wallin Dectaration, p.2. Hall oversaw the payment of approximately 2 quarter ofa million dollars of City monies to various attorneys, inchuding Judge (ret.) David Wall. Judge Wall authored 96 page teport - which does not mention Ms. Atkinson’s findings! Either Judge Wall deliberately ‘omitted mention of Ms. Atkinson and her 2015 investigation (that is a very doubtful hypothesis), or Mr. Hall and/or other highly placed City employees essentislly lied to Judge Wall by omission. Judge Wall’s investigation is defective and incomplete because he was denied critical information regarding Ms. Atkinson’s investigation and findings. The statements of Mr. Clinger’s seoretary, Ms, Visha Siddharthan, corroborate the auditory observations of Ms. Brianna Wolf (Wall disregarded those observations because he found they Incked corroboration), More importantly, Ms. Atkinson's findings are devastating to Clinger’s claims of innocence, Ms. Atkinson found a clear pattern, which explains the strange promotion of Ms, Kate Thomas to the position of Assistant City Manager, notwithstanding the fact her lack of competence hed, just prior to her promotion, cost the City millions of dollars, That promotion was accompanied by an extraordinary raise, And, of course, Clinger’s willingness to use his authority to facili te sexual predation towards pretty women by bestowing favors on them explains his machinations re transferring some of Ms. Thomas’ duties to Ms, McKissick; his lies to Thomas as to how those duties (and eccompanying staf) eame to be transferred; and Page 3o1izi2018 awa un 10 u 12 13 14 15 16 W 18 19 20 21 22 23 24 25 26 27 28 15445 Mark Mausert ESQ (FAN)775 786 S658 004011 Case 3:17-cv-00458-MMD-VPC Document 35 Filed OV/11/18 Page 4 of 11 his sexual pursuit of Deanna Gescheider. It is within this context Mr. Hall and his office attacked the plaintiffs and implicitly invited other City employees to attack and isolate them. It is within the context of Ms. Atkinson's investigation, and the communication of her findings to the City, Hell apparently oversaw withholding information regarding Ms. Atkinson from Judge Wall. And, of course, there is the matter of the first investigation, conducted by attomey Alice Mercado, Esq. Notwithstanding knowledge of which he knew, or should have known re Ms. Atkinson's findings, Hall placed severe strictures on Ms, Mercado’s investigation ~ so as to ensure Atkinson's 2015 findings would not see the light of day, The waste of almost a quarter of a million dollars, orchestrated by Hall, pales in comparison to the licbility Hall and his Office created, Instead of viewing the plaintifis’ ellegations in the context of the findings of a member of the Reno Civil Service Commission, ‘who authored the City’s sexual harassmentretaliation poliey, Hall attacked the plaintiffs, To all appearances, Hall committed legal malpractice by doing so. He is now possessed of a motive to cover up that malpractice ~ as opposed to properly representing the City, Mr, Hall and his Office should be recused. DATED this 11th day of January, 2017, fark Mausert Poge 4