D.C. Attorney General Threatens to Sue in Blame Game over Sexual Harassment

WASHINGTON -- Blame is being passed among city agencies as the District of Columbia attorney general investigates how a former deputy mayor was able to avoid revelations that he allegedly sexually harassed female employees.

So far, suspicions fall heavily on the D.C. Department of Human Resources and the Mayor’s Office of Legal Counsel.

They were supposed to have detected and put a stop to alleged harassment by John Falcicchio, a former deputy mayor and chief of staff for D.C. Mayor Muriel Bowser. He was one of the city’s most powerful public officials.

The two women who made the allegations last year reached a settlement with the city last month. A third woman has made similar allegations, leading to suspicions the harassment might have continued for years before the accusers reported it.

Falcicchio was forced to resign and now faces the possibility of criminal prosecution.

At a hearing last week, Ward 1 Councilmember Brianne Nadeau said conflicts of interest by the Mayor’s Office of Legal Counsel might have impeded any corrective action against Falcicchio.

"My assertion from the onset was the Mayor's Office of Legal Counsel couldn’t possibly be independent, because they’re right there and located in the executive office of the mayor,” Nadeau said.

Nadeau started the first investigation of Falcicchio and human resources lapses with emergency legislation she sponsored last year for an independent investigation. It was conducted by the law firm of Arnold & Porter and has led to a more stringent sexual harassment policy.

The D.C. Attorney General’s Office is conducting another investigation now that could prompt criminal charges.

However, D.C. Attorney General Brian Schwalb reports running into resistance from the mayor’s office. He is threatening legal action against the administration of Mayor Muriel Bowser.

He requested “all materials in the [Mayor’s Office of Legal Counsel’s] possession related to its investigation of the Falcicchio matter” in a June 14 letter.

The letter added that any refusal to turn over the information could result in the attorney general taking legal action to force compliance. Schwalb also questioned the adequacy of the internal investigation.

The Legal Counsel’s office has so far declined to produce all the requested information, saying Schwalb is overreaching his authority.

For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.