SYNOPSIS

CONFIDENTIAL FINAL

FACT FINDING REPORT NORTHWEST MUSEUM OF ARTS AND CULTURE ("MAC")

EASTERN WASHINGTON STATE HISTORICAL SOCIETY ("EWSHS") SPOKANE, WASHINGTON

THURSDAY JUNE 27 2013 RE:

On Sunday, April 28, 2013 Curator of Special Collections for the Northwest Museum of Arts and Culture ("MAC") Rose Krause ("'Ms. Krause") sent a written complaint with attached documents to the Washington State Department of Services see Attachment A. Ms. Krause alleged Executive Director of the ged in gender discrimination and retaliation by giving prefere as well as to those employees who supported his rehire in August of 2012. Ms. Krause also allege~olated museum collection and preservation practices and has significant problems with communication and leadership. On Wednesday, May 15, 2013 Human Resources Manager Beth Scouller ("Ms. Scouller") with DES and Assistant Attorney General Deborah Danner ("Ms. Danner'') contacted Washington State Department of Transportation ("WSDOT") labor Relations Manager Scott Nicholson ("Mr. Nicholson") requesting an independent investigation into Ms. Krause's complaint. A total of thirty-five (35) individuals were interviewed and a complete list of those interviewed Is provided in the additional information section of this report along with an interview schedule. During the interview all witnesses were advised of their rights and responsibilities including confidentiality, retaliation, representation, and expected cooperation. Mr. Nicholson was given authority to conduct the investigation by Ms. Scouller. See Attachment B. Pursuant to this authority, no MAC or EWSHS employee unduly Influenced the determinations made in this investigation.

ALLEGATIONS1

Gender Discrimination

Ms. Krause allege~engaged in gender discrimination by giving preferential treatment to male employees.

Retaliation

Ms. Krause alleged-engaged In retaliation by giving preferential treatment to those employees who supported his August 2012 rehire.

1 DES provides human resources services to smaller state agencies, Including the Eastern Washlnston State Historical Society and its Northwest Museum of Arts and CUlture. z For the purposes of this investigation, events which occurred prior t~ rehire In August of 2012 are not Included In the allesatlons or determinations section of this report~ferences to events prior to. -termination and rehire are discussed where relevant In the fact finding section of the report Additionally, Ms. Krause alleged performance based Issues related to communication, leadership, and museum preservation. These are not Included in the allegation section but are addressed In the fact finding section and referenced In the determination section.

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EWSHS and MAC POLICIES IMPLICATED1

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EWSHS Affirmative Action Equal Opportunity Polley

"Equal employment opportunity is the effort to provide an equal work experience, free from discrimination, for all people .•. Employees who feel discriminated against or witness acts that violate this policy should refer to the complaint procedure described In the agency's Anti-Discrimination Polley."

EWSHS Anti-Discrimination Policy

"It Is the policy of the EWSHS to provide an environment free from unlawful discrimination. All forms of discrimination related to race, creed, sex, color, religion, national origin, age (over 40), disabled veteran status, disability, Vietnam Era veteran status, sexual orientation, marital status, use of a trained guide dog, or service animal by a person with a disability or any other protected class, as well as retaliation fo•· engaging in protected activity are violations ofthts poltcy ... Employees are expected to conduct themselves professionally, In a manner befitting the work environment and with respect for co­workers." (Emphasis Added)

FACT FINDING

Complainant Interview Curator of Special Collections Rose Krause ("Ms. Krause") has been with the MAC for nine (9) years. Her duties include managing the library archives with specific emphasis on documentary items. Ms. Krause Indicated she supervised Davey) as well as numerous volunteers and student workers. Ms. Krause stated prior lntment, she worked with several Executive Directors over the years and indicated her with them were "goQd" and "professional." Ms. Krause indicated when-started in 2011, she began hearing from various individuals that "things were not going well;" however, Ms. Krause stated she had no firsthand knowledge of any issues. Ms. Krause stated her supervisor, Ms. Laura Thayer ("Ms. Thayer"), provided a buffer between her an~ ~hich limited her interaction with him. Ms. Krause claimed in August of 2012 Ms. Thayer left partly In fear of retaliation for not . Ms. Krause stated when the rehire took place the Board of Trustees President Bruce staff "in no uncertain terms, If you had a problem with- being rehired you can find another job." Ms. Krause indicated whe~ held his first "all staff' meeting after the rehire (August of 2012) he "blamed his leadership team for his firing." Ms. Krause stated this declaration set an "uncomfortable and divisive tone" with a "spirit of retaliation." According to Ms. Krause,-made it "clear he could not let go of his anger on the issue." When Ms. Thayer left in October of 2012, there was a void of leadership In program management. Ms. Krause stated-told program staff he was not going to rehire the program manager position and would take responsibility for the position including making decision regarding exhibitions, programs, and supervision for all program staff (around eight (8) people) in addition to his other duties. Ms. Krause indicated -failed to communicate with program staff on what they were supposed to be doing. This failure In communication Included not providing Information from leadership meetings to program staff. Ms. Krause stated this was exacerbated by. -lack of "visibility'' at the MAC as he was frequently not around in order to convey critical

5 Policies dted in this section are specific to the allegation and determination sections and may not Include polides Implicated during the fact fin dina. Attachment C contains a collection of EWSHS and MAC policies provided to this Investigator.

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information related to program staff projects for the museum. Ms. Krause contrasted this behavior with previous MAC directors who would walk around and engage staff on a frequent basis.

Ms. Krause stated- lack of communication and leadership caused significant turmoil for program staff regarding the planning and execution of an April 2013 event for the Rotary Club. According the Ms. Krause,- promised the Rotary Club In January of 2013 an opportunity to hold an event at the MAC with access to library and archival material. This event was to be held on a Sunday In mid to late April. Ms. Krause stated-never informed any program staff regarding this event and it was not until an outside entity, the Rotary Club, contacted the MAC In early April of 2013, did the program staff become aware of the event and the promises by-for archival material to be available for display. Ms. Krause Indicated- provided no communication or direction regarding the event to program staff. Ms. Krause stated, "We did not know what we were supposed to do and had several questions including who was going to be the lead and since it was a Sunday who was going to be responsible for security and clean up?'' Ms. Krause stated she and other program staff attempted to communicate with- regarding this event after they learned of It from the Rotary Club; however,- Ignored their requests for information while communicating with the Rotary Club during this time.-finally communicated regarding the event during an Aprill9, 2013 staff meeting making a "theatrical" apology to program staff for not "communicating" regarding the event stating, "the Rotary Club had gotten ahead of' him.­went on to make inappropriate comments about the Rotary Club stating in a disparaging way, "they just want to sell raffle tickets."

Ms. Krause also stated- conduct with regard to the Rotary Club event highlights his ignorance or disregard of museum collection, preservation, and security protocol. Ms. Krause stated museum policies and guidelines provide for the appropriate preservation of collection material. As such, decisions regarding the use and display of such items must take Into account the environment in which the items are to be displayed. - according to Ms. Krause, promised the Rotary Club material from the permanent collections of the Museum without consulting museum collections staff. The promise also involved exposing the permanent collection items to food and drink contamination, inadequate security and monitoring, and potentially detrimental light exposure.

Ms. Krause stated the lack of communication and leadership by-was not isolated to the Rotary event and includes critical programmatic information. Ms. Krause indicated the program staff has frequently asked what their priorities should be for exhibits, collections, and museum programs but repeatedly fails to provide "any direction" to staff other than general ideas and vague museum goals. Ms. Krause stated this has been frustrating, stressful and paralyzing for programing staff as it provides "no way for them to plan ahead" which is essential in museum programming where exhibits and educational programs require significant planning and personnel dedication. Ms. Krause indicated- who made the decision to supervise program staff, provides no supervision to staff includins no performance evaluations, no one-on-one's with subordinates, no career development or motivation discussions, and no discussions of problems or issues. In short, Ms. Krause stated- is not "a supervisor" as he provides "no direction." This, Ms. Krause Indicated, has led to the program staff being disjointed and although they have tried "to keep things together'' there needs to be leadership, communication, and direction. When asked to speculate as to why-does not provide the needed leadership, communication and direction, Ms. Krause responded, "It is because he does not understand how a museum works." Ms. Krause also stated - lack of communication with program staff is "unprofessional" and "disrespectful" as

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his withholding of information affects the museum staff and their work at the MAC. Ms. Krause stated "seventy-five percent (75%) of the museum staff have these concerns."

Ms. Krause also indicated- behavior since August of 2012 at the MAC constitutes gender discrimination. Ms. Krause stated in her complaint- has "difficulty working with women" and she has observed- preference with communicating with the male staff rather than the female staff at the museum. Ms. Krause highlighted four examples in support of her assertion that. -will interact with female staff only If (1) he has hired them or (2) if the females "do not occupy leadership or other positions of powers (examples are Visitor Services clerks).4"

First, according to Ms. Krause,- has "met frequently in the past few weeks with Ryan Hardesty (a member of Program Staff) regarding the Renate exhibit project. The Executive Director makes the time and effort to meet with Ryan, but he was unable to do the same with the staff involved (all women) in supporting the Rotary event. In addition, the Executive Director has communicated in­person with Ryan about the possibility of the Rotary putting up a display In Gallery C or D when we do not have our own exhibits."

Second,- "has met frequently with David Brum (a member of Program Staff) over many months regarding education and programming; again, the Executive Director makes the time and effort to meet with David, but he was unable to do the same with the staff involved (all women) in supporting the Rotary event." This Includes sharing a business plan with Mr. Brum regarding the MAC's future priorities and not with other program staff.

Third, "when Anne Bernard, principal of Renate, visited on-site in late March to meet with key staff regarding the upcoming exhibit project, the Executive Director prioritized a meeting with her for our graphic designer (Jose Angel), who is not involved in exhibit design or interpretation, but who is male. The Executive Director did not schedule meetings with Anne for the graphic designer's female supervisor who is responsible for getting the word out about the upcoming exhibit, nor with Lori Bertis who manages visitor services and coordinates the effort to solicit visitor feedback regarding our exhibits, facility, and programs."

And fourth, Ms. Krause stated the three MAC staff Involved in the Rotary Club event were all female. As stated previously by Ms. Krause,- provided no communication or direction to these staff members regarding the event causing significant problems.

Ms. Krause also stated since-was rehired In August of 2012, he has engaged In behavior which constitutes retaliation against those individuals who either advocated his original dismissal or did not support his rehire. Ms. Krause stated she has observed- avoid "interacting or communicating with staff members who did not support him during his fire/rehire." He will interact with these staff In a public setting to make It appear that he has a good relationship with the staff. This behavior appears to be retaliatory in nature as it is directed toward staff who did not actively support his re-hire. The bulk of these staff are in the Program Staff department, although others are also targeted; a high percentage of these staff are female. The three staff involved In the Rotary event did not support his re-hire."

4 Ms. Krause declined to provide any supplemental Information to the investigator regarding gender discrimination or retaliation.

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Witness Interviews

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Fiscal Technician Linda McTaggart ("Ms. McTaggart") has been with the MAC since November of 2012. She reports to John Drexel, the Chief Financial Officer, and provides accounting support for membership and foundation operations. Ms. McTaggart stated she has "very seldom Interactions" with­other than engaging In occasional pleasantries. Ms. McTaggart stated she was "floored by these allegations" and never observed-engage In any gender discrimination, retaliation, or violation of museum collection protocols. Ms. McTaggart stated she has limited interaction with him and he Is "gone a lot" but-"seems to do a good job of fostering communication during all-staff meetings."

Education Coordinator, Cara Spinks ("Ms. Spinks"), has been with the MAC for three (3) years and stated she only has interactions with in staff meetings and rarely in one-on-ones. Ms. Spinks stated she has observed buddy'' with male staff members including having lunch with male employees. Ms. Spl stated she "does not think he gets along with female employees." Ms. Spinks stated she has not observed- retaliate against individuals who did not support his rehire in August of 2012 and has also not observed him violate museum collection protocols. Ms. Spinks indicated- does have poor communication skills and as a result It is difficult and frustrating to work with him on projects including the "teen Interpreter'' program. Ms. Spinks Indicated she feels as though- talks down to her in a "condescending" manner and has seen-talk to other people in a similar way. Ms. Spinks Indicated-does not provide a clear vision regarding museum programming and instead gives very abstract Ideas making it "ridiculously frustrating'' to accomplish tasks. Ms. Spinks stated after Ms. Thayer (program manager)"left,- stated he would be "their supervisor'' but to date has "never acted In that role." Ms. Spinks stated­has provided no performance evaluations to Ms. Spinks and has not engaged in discussions with her regarding career development or Issues. Moreover, Ms. Spinks stated "If we have questions about work he evades answering questions." Ms. Spinks speculated- feels "losr' and looks as though he "does not understand" how a museum works Including how to properly plan to ensure there are no "empty galleries."

Graphic Designer Jose Angel ("Mr. Angel") has been with the MAC for three (3} years. Mr. Angel stated he has frequent Interactions with-and considers him his "friend." Mr. Angel Indicated he has discussed with about the museum and Its future on multiple occasions. Mr. Angel denied ever observing engage In gender discrimination or retaliation. Mr. Angel stated the individuals who did not support his rehire are engaging in retaliation against him by being "obstacles and unfortunately this investigation is an example of this." Mr. Angel stated he has never seen. -engage In behavior which violated museum security, preservation, or collection protocol. Mr. Angel stated- is "trying to do the right thing" for the MAC and has faced problems from certain staff members. Mr. Angel indicated- behavior since his rehire has been "professional and positive" despite the treatment by these staff members. Mr. Angel went on to describe- vision for the museum and "making It open for everybody" by "trying to build relationships with the community and Native American tribes.• Mr. Angel stated- is trying to "save the museum" and does not understand •why this investigation Is happening." Mr. Angel indicated he has observed- have positive interactions with several female staff members Including Tisa Matheson and Betsy Godlewski.

Senior Curator of History Marsha Rooney ("Ms. Rooney"} has been with the MAC for twenty-five (25) years and indicated she has limited interactions with-and mostly sees him during staff

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meetings. Ms. Rooney stated "there is a lot of good ol' boy backslapping" by-towards male staff members creating the perception "he is more comfortable with men." Ms. Rooney stated it was "clear- does not like people who challenge him or his way of thinking," and those who challenge him tend to be female. Ms. Rooney stated-bears a grudge regarding the firing and gives preferential treatment by communicating with those who supported him while avoiding those who did not. Ms. Rooney indicated-communication style to be "repetitive without detail and not collaborative with program staff." Ms. Rooney stated- provides no leadership or "clarity of direction" to staff and Instead there is a significant "void between theory and practicality" of what he wants accomplished. Ms. Rooney indicated- can be "manipulative" and duplicitous in his communication by providing different information depending on circumstances. When Ms. Thayer left, - provided no supervision of program staff and Ms. Rooney stated she does not have one-on­ones with-about career development or any Issues and concerns. Ms. Rooney stated. - has no concept of museum collection practices which is evidenced by his promises to the Rotary Club for material which would violate core preservation practices. According to Ms. Rooney,. - behaviors show a pattern of not wanting to understand or support museum programming or Its staff. Ms. Rooney claimed- frequently "blames other people" for mistakes and does not take responsibility.

Chief Financial Officer John Drexel ("Mr. Drexel") has been with the MAC for over ten (10) years and interacts with quite often. Mr. Drexel stated he has never observed any discriminatory or retaliatory behavior by towards another member of the staff. Other than the Rotary event, he has never observed have an issue with museum collections, preservation, or security protocols. Mr. Drexel indicated communicates by keeping information "close to his vest and he is not a sharer of information causing staff not to have a clear vision and begin speculating on what is going on." Mr. Drexel went on to state- restricts the flow of Information some of which is critical and it is "hard on staff' not to have the information sometimes. Mr. Drexel stated -Is not a micromanager and does not provide guidelines or evaluations of Mr. Drexers performance. Mr. Drexel Indicated- and the MAC face budget difficulties which have caused operation Issues including filling vacated roles in critical areas.

Facilities Manager Mark Weber ("Mr. Weber") has been with the MAC for four (4) years and is supervised by loris Bertis. Mr. Weber denied ever observing- engage in behavior which would constitute gender discrimination. With regard to retaliation, Mr. Weber stated "perhaps with. -and Lori Bertis (Mr. Weber's supervisor) by silence and avoidance." According to Mr. Weber, Ms. Bertis and do not talk making it "difficult to deal with Issue like fire safety." Mr. Weber stated has no communication with staff members claiming, "I do not know if he takes it for granted or does not want to [communicate] but everyone feels out of the loop and you never know what Is going on, difficult to get answers with no direction." Mr. Weber stated "it is pretty embarrassing when you cannot figure what to do and what is going on," as external entities ask you questions. Mr. Weber stated he did not agree with the way-was fired and the manner of his rehire created the division which Is apparent In museum staff.

Volunteer Rebecca Estelle ("Ms. Estelle") has worked part time for the museum (no more than 4-5 hours a week) for a "couple of months." Ms. Estelle indicated she has limited interaction with-and has never observed any discriminatory or retaliatory behavior by-In addition, she has never seen-violate museum collection protocols.

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Security Officer Allen Eaker ("Mr. Eaker") has been with the MAC for over eleven (11) years and Is ·supervised by Lori Bertis. Mr. Eaker Indicated he does not Interact with-frequently but does see him interact with staff daily. While he has never seen-engage in discriminatory and retaliatory behavior or any behavior which violated museum collection protocols. Mr. Eaker characterized- communication and leadership style as below average. Mr. Eaker stated. -"keeps a lot of stuff to himself and does not communicate to staff about what Is going on Including major events at the museum." Mr. Eaker stated this lack of communication causes consternation among the staff. Mr. Eaker indicated his supervisor (Lori Bertls) and talk to one another and they try to "avoid" each other. Mr. Eaker indicated, "I think if he let the staff know what Is going on and what his plans are, the staff would be less stressed." Mr. Eaker described two camps at the MAC, the "Pro- and "Anti- groups and this has led to a "dysfunctional staff' environment. ·

Exhibit Designer Ryan Hardesty ("Mr. Hardesty'') has been with the MAC for over eleven (11) years and indicated he interacts with-one to two times a week. Mr. Hardesty identified- as having "difficulties with females Including Laura Thayer (previous program manager): Mr. Hardesty stated "the people he pulls close to him are male [and] he seems comfortable with male employees." Mr. Hardesty stated he has never seen any retaliatory behavior by-from "his perspective." Mr. Hardesty Indicated- has broken museum collection preservation and security protocols on "multiple occurrences" "putting staff in difficult situations" when these "rules are broken." According to Mr. Hardesty,- "makes decisions without realizing the larger implications" to security and museum preservation. Mr. Hardesty stated- has a "difficult communication style" and he Is "not group inclusive" as he is "quiet in group settings." Mr. Hardesty indicated­communication is "frustrating" and "leaves staff wondering [and] erodes at staff morale at being left in the dark." Mr. Hardesty elaborated that this makes it "difficult to get direction and the staff feel stymied" looking for an "institutional goal to seek their teeth into." Mr. Hardesty stated­~has not been the best at providing the direction needed and waivers even on small decisions."

Marketing and Communications staff member Rebecca Bishop ("Ms. Bishop") has "seldom" interaction with-despite her attempts to interact with him more. Ms. Bishop stated­behavior Is not "100%" gender discrimination" but more like "90% gender discrimination." Ms. Bishop stated- does not respect people with a lot of experience and "he thinks the programming group Is a hen house." Ms. Bishop went on to state- "does not like people who challenge him." In a follow up unsolicited email communication, Ms. Bishop stated,

•t wonted to say a /Itt~ more on the gender bios question. Yes, It's a fact that • • -daB interact with male employees much more easily and readily thon female ones. Rarely are there OM-on-one hellos or mHtings or conversations with watMn In the of/lee - f!111en with his dlrttct reports. Ttwre~, It Is noticeable and puzzling when there are closed door meetings and hushN side-bars with some of the maltt employees. As you know, I was not Included In lndfvlduol meetings with the new contract exhibit designer, but my graphic designer, Jose, did have a meeting arrangN by­was Introducing and setting up the meetings with Anne Bernard and Lori Bertls wus not asked to meet with her either, adding to the huge lad oflnterdeportmental communication that all have tried to addr.ss latf!ly. Can I say with cttrtalnty this Is because of bios? Or, just bttcause It Is more comfortable for. I do ~e jaiJOfltlsm, yes. It Is vttry ttasy for him to aliOid, Ignore and brush a/Issues and conversations With women or ones that are Important and possibly difficult to address." 5f!e Attochmf!nt E.

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Ms. Bishop admitted to seeing retaliatory behavior by-stating, "Yes, he talks and communicates with those that supported him and does not engage the rest of the staff." Ms. Bishop stated-disregard of museum collection and security protocols is related to his "lack of museum programming background, lack of planning, and lack of communication skills." Ms. Bishop stated- "does not have the skill set" to do his job and has "no leadership." As a result, Ms. Bishop stated "staff morale has been negatively Impacted." According to Ms. Bishop,­communication lacks detail and is "full of platitudes without enough detail to provide direction." Ms. Bishop indicated- makes "strategic plans with no supporting implementation" and "he is not truthful about what he will do." Since his August 2012 rehire, "he has had a victim mentality taking no responsibility and blaming his leadership team" for the past problems. Ms. Bishop indicated­supervises her but he provides no performance expectations, no discussions on motivations or career development. While- is "good at glad handing" he "is not inclusive, does not communicate appropriately, and does not work to develop healthy working relationships." Ms. Bishop stated. - behavior can be unprofessional and as an example claimed- "was cavalier about staff layoffs."

Museum Services Manager Lori Bertis {"Ms. Bertis") has been with the MAC for twelve {12) years and is supervised by-however, Ms. Bertis indicated she only interacts with- through email and avoids one-on-one Interaction with him. When asked about gender discrimination, Ms. Bertis Indicated she "was not sure there is proof of this but he has a group of people that he is comfortable with who tend to be males and/or people who do not question him." Ms. Bertis has observed.

engage in behavior which violated museum collections and security protocol stating. "makes plans and promises without the Involvement of appropriate staff and without the

knowledge of the plan's implications." Ms. Bertis Indicated-does not communicate about where he wants the museum to go or what he wants from staff in order to meet his goals, forcing staff to work in a vacuum." Ms. Bertis stated "it feels as though we are working in a quagmire." Despite being Ms. Bertis' supervisor,- provides no supervision, performance expectations or opportunities for discussions on career motivation, issues, or problems. Ms. Bertis stated - surrounds himself with people who are not necessarily qualified but they agree with him." Ms. Bertis Indicated. - "does not follow processes or rules and frequently makes decisions without regard to the impact on staff."

Fiscal Analyst Cheryl Bivens ("Ms. Bivens") has been with the MAC for almost two (2) years and indicated she interacts with- everyday he Is at the MAC. Ms. Bivens denied observing­engage in retaliatory or discriminatory behavior or seeing-violate museum collection or security protocols. Ms. Bivens described- communication style as "elusive" and stated "he has little presence and is gone more than I would expect and [this absences) isolates him from the staff." But, Ms. Bivens went on to state,- "took action when I had a concern and I have a working relationship with him." Ms. Bivens Indicated -Is "willing to listen during staff meetings and hear feedback from people both positive and negative.". Ms. Bivens stated she "admires his willingness to talk about any Issue staff may be having" and she "would like to see more decision making from him in staff meetings." Ms. Bivens stated she believed the problem with staff may be as a result of. -trying to change a business model and facing reluctance and resistance to the change.

Development Officer Jason Miller ("Mr. Miller") has been working with the MAC since October 2012 In part-time capacity. Mr. Miller Indicated he interacts with-everyday as part of his development related duties. Mr. Miller indicated he has never seen discriminatory or retaliatory

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and has never seen him violate museum preservation or security protocols. Mr. is frustrated from having staff members who do not like change and there is

"constant making it difficult to move forward with organizational or Institutional changes. Mr. Miller indicated- Is "stressed out and Is trying his best to get this place on the right track and although he has difficulty articulating his vision in different communication styles, he works hard to be a part of every department."

Director of Plateau Culture Studies Michael Hollman ("Mr. Hollman") indicated he only works at the MAC one day a month although in the past he has been present at the museum more often In the past. Mr. Hollman stated he has limited Interaction with-but has never witnessed any discriminatory or retaliatory behavior by-Mr. Hollman also indicated he has never observed -violate museum preservation and security protocols. Mr. Hollman described-communication style as "more of an inquiry style" and although has given him "delayed responses" to questions he has had his interactions with has been "positive." Mr. Hollman stated "the tragedy for me is how this [the Investigation and allegations lis as a result of­trying to provide long term changes and sustainabllity through change and this change Is being perceived by certain staff members as a threat."

Campbell House Coordinator linda Strong ("Ms. Strong") has been with the MAC for about a year and indicated she has most of her interactions with-at staff meetings. Ms. Strong denied ever observing discriminate, retaliate, or violate museum collection and security protocols. Ms. Strong is "very secretive with people and this creates mistrust by keeping things from other Individuals or by communicating different things to different people." Ms. Strong stated. -provides no direction to staff and does not communicate his plans to staff who may be involved in his plans or visions for the museum. Ms. Strong stated- lacks people skills and believes his mistakes are due to poor management abilities rather than ill intent.

Ms. Betsy Godlewski ("Ms. Godlewski") has been working at the MAC since November 2012 supervising the development and membership efforts of the museum. Ms. Godlewski Indicated she has not observed any discrimination, retaliation, or violation of museum preservation and security protocols by - Ms. Godlewski stated- is more engaging and participatory in development staff meetings than other meetings, including those with programming staff. Ms. Godlewski stated she does not have communication problems with-but has observed other individuals having difficulty which may be a result of-not engaging staff with his vision for the museum. Ms. Godlewski noted- has difficulty articulating his vision for the museum creating "a disconnect between his vision and specific work plans" for staff. Ms. Godlewski indicated the museum seems to be In a mode of "crisis management" with exhausted staff working multiple jobs rather than proactive planning for both development and programming.

Collections librarian Jane Davey ("Ms. Davey") has worked at the MAC for about ten (10) years. Ms. Davey stated she has not observed any "direct bla~ against females by-but he does "seem more comfortable" with males as he "finds time to meet with males more than females." Ms. Davey stated- Is "much freer and livelier with those who supported him and chooses to ignore those who did not support him." Ms. Davey indicated- handling of the Rotary event is an Indication of his lack of understanding or disregard of museum preservation protocols. Ms. Davey stated - has no communication skills and "most of us have no idea what is in and what he has promised to outside groups, what his ultimate plans, and It is as though his museum is

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his fiefdom and staff will have to work to accommodate." Ms. Davey noted-"makes promises without knowledge or collaboration with staff' and does not seem to understand museum programming causing the potential for "dark galleries" and frustrating staff who want to support the museum.

Curator for Community Programs David Brum ("Mr. Brum") has been with the MAC for fifteen (15) years and interacts with-occasionally but mostly at staff meetings. Mr. Brum denied ever observing discrimination, retaliation, or violations of museum preservation and security protocols. Mr. Brum stated- is "protective of information" and it is "difficult to understand his vision" as he is "more aloof than any other director we have had." Mr. Brum noted-"put him In a difficult situation by sharing a proposed business plan and not with other staff telling'' Mr. Brum to keep it to himself. Mr. Brum stated- lack of communication has caused staff members to be stressed out about the changes in the museum and what will happen.

Development Officer Jerry Smith ("Mr. Smith") has been with the MAC for eight years and interacts with -at least once a week. Mr. Smith denied observing- discriminate or retaliate against another staff member at the MAC. Instead, Mr. Smith stated he "believes there are several female staff members who have grouped together against - to see he Is not successful." Mr. Smith Indicated-hired his supervisor who is female (Ms. Godlewski) even though Mr. Smith characterized himself as a supporter of-Mr. Smith noted this hiring shows he is neither retaliating nor discriminating against females or individuals who did not support him. Mr. Smith stated program staff are "a little over the top" regarding their collections and security protocols and the programming staff refuse to compromise as-is trying to make sure "the museum meets the needs of the community by being welcoming and engaging." Mr. Smith stated- "tries his best to communicate with his program staff on a weekly basis and articulate his vision but there is strong resentment or baggage against

Store Manager Bobbi Cypher ("Ms. Cypher") has been with the MAC for six (6) years and does not interact with-very often other than to exchange the occasional pleasantry. Ms. Cypher denied evero~ing- discriminate or retaliate against another staff member. Ms. Cypher stated-does not communicate well regarding events he is having which negatively impacts the customer relations she and her staff can provide at the front desk as visitors frequently make event inquiries. Ms. Cypher stated-does not always follow museum procedure and indicated about once a month he takes items from the store without going through the proper inventory procedure.

Museum Collections Curator Valeria Wahl ("Ms. Wahl") has been with the MAC for fifteen (15) years and interacts with one to two times a week. Ms. Wahl stated she has observed gender

and described it as "a predictable preference for dealing with men." Ms. Wahl stated will talk to her subordinate (Ryan Hardesty) and not her despite her having "seniority'' and more "experience." Ms. Wahl stated-will go to Mr. Hardesty to "fulfill management type duties" which she should be handling, which includes the contracted exhibit with consultant Anne Bema rd. Mr. Wahl stated- will interact with David Brum rather than other female staff members despite their involvement in programming. Ms. Wahl stated- engages in "blind neglect" of both female staff members as well as those who did not support him. This treatment indudes "silence" and "avoidance" in communication. Ms. Wahl indicated blames the program staff, except males, for the past and current problems. Ms. Wahl noted

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will make commitments to outside entitles without understanding the Impact on museum policy or staff. Ms. Wahl claimed- provides no communication or direction to program staff. As their supervisor,- provides no performance expectations, goals, or discussion on motivations or issues. According to Ms. Wahl,- provides no leadership and Instead engages in "divisive actions" causing morale to "tank." Ms. Wahl provided additional details in an unsolicited email correspondence. See Attachment F.

Visitors Services Clerk Hannah Robinson ("Ms. Robinson") has been with the MAC since March of 2013 and interacts with-on a limited basis. She Indicated she has never observed­engage in discrimination or retaliation. Ms. Robinson stated- communicates well and he is "pretty inclusive" and "makes everyone feel they are a part of the museum."

Visual literacy Curator Heidi Arbogast {"Ms. Arbogast'') has been with the MAC for twelve {12) years and Interacts with-during staff meetings but rarely in one-on-one settings. Ms. Arbogast stated -is a "disgruntled person In general" who is "more comfortable with the male gender." Ms. Arbogast indicated she has never observed any "overt" retaliatory behavior by-but he "does not respect'' the staff he did not hire. Ms. Arbogast noted-"does what he wants to do regardless of the museum standards or protocols." Ms. Arbogast stated- makes the work environment difficult and challenging for women In power or oversight by circumventing them when decisions are made. Ms. Arbogast stated-does not engage program staff and has created a culture void of integration and collaboration. Ms. Arbogast Indicated -lacks adequate managerial skills and decision making ability and has difficulty articulating specifics on how he wants his vision implemented. Ms. Arbogast claimed- lack of leadership has caused significant anxiety among the staff with "so many unknowns." Ms. Arbogast indicated- provides no supervision and no opportunities for discussions on career development or possible issues at the MAC.

Visitor Services Clerk Jenna Scholz ("Ms. Scholz") has been with the MAC since September 2012 and indicated her interaction with- is limited; however, when she does interact with him it is "pleasant." Ms. Scholz denied ever observing discrimination, retaliation, or violations of museum preservation protocols and security by-Ms. Scholz stated- is "hands on and tries to be invested by getting to know each individual staff member" In a respectful and professional manner.

Former Program Manager Laura Thayer {"Ms. Thayer") worked at the MAC for over twenty (20) years prior to leaving in October 2012. Prior to her departure, Ms. Thayer supervised the museum program staff and was a member of-senior leadership team. Ms. Thayer indicated prior to August 2012 she observed gender discrimination by Mr. Rogers but did not observe any such behavior between August 2012 and when she left In October 2012. Ms. Thayer stated-did not engage her when he was rehired in August 2012 and would circumvent her and some of the other programming staff. Ms. Thayer stated-has poor leadership skills and engages in "duplicitous" and "divisive" communication. Ms. Thayer indicated-does not engage staff and cannot or does not articulate his vision with practical steps on how to implement it. Ms. Thayer noted- has difficulty making decisions.

Confidential Secretary linda Queen ("Ms. Queen") has been with the MAC for fourteen {14) years and serves in many capacities Including being the executive assistant to the director of the MAC. Ms. Queen stated she interacts with- frequently and when asked whether she observed any

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discrimination by-she responded, "Absolutely not." Ms. Queen denied ever seeing. -retaliate against Individuals who did not support his rehire stating- "has gone out of his way not to retaliate and try to Include people including thanking people and engaging them for input." Ms. Queen stated interactions with staff are professional, respectful, kind and considerate. Ms. Queen stated has never "purposefully" broken museum preservation and security protocols and has run Into Issues when program staff will '"not be flexible and roll with the flow'' when- tries to work with the community. Ms. Queen stated- tries to develop his staff members by "letting people get where they are going but does not tell them how to do it exactly." Ms. Queen stated she has never had any Issues communicating with or getting direction from. - Ms. Queen noted- is trying to make changes; however, some staff members "do not like it" and "not all staff have been on board with his rehire In August." Ms. Queen identified Lori Bertis, Rebecca Bishop, and Rose Krause as Individuals who are unwilling to give-a "chance" and Instead want him "gone." As a result, according to Ms. Queen,- "hands are tied and I fear If he makes changes it will look like retaliation."

"Art@ Work" Manager Tammy Gabbert ("Ms. Gabbert") has been with the MAC for over five (5) years and rarely interacts with-Ms. Gabbert stated she works part time and has never observed

discriminate, retaliate, or violate museum preservation and security protocols. Ms. Gabbert Is trying .. to take the high road" despite his firing in 2012. Ms. Gabbert stated.

gives her the "independence" to do her job and Is supportive and engaging. Ms. Gabbert stated communication style Is "absolutely fine" and he does not "ignore" her.

Admissions Clerk Amanda Townsend ("Ms. Townsend") has been with the MAC since November 2012 and has occasional interactions with- Ms. Townsend denied observing any discrimination, retaliation, or violation of museum preservation and security protocols by-Ms. Townsend claimed- does a "pretty good job of leadership and communication" by listening, answering questions, and being "straightforward."

Foundation Assistant Brooke Shelman ("Ms. Shelman") has been with MAC since 2009. She denied ever observing discriminating or retaliatory behavior by-but stated he puts off "weird" vibes. She went on to state-based on "the way he talks about program staff seems to discount their skill level and he does not act like he respects program staff and development staff are his pets and it Is obvious he favors them." Ms. Shelman stated "he appears to disregard for the policies and procedures that have been put in place as if he thinks the rules do not apply to him." Ms. Shelman stated. - prefers not to have written communication and does not necessarily respond to email which is "frustrating.'' Ms. Shelman noted-can "get into the weeds a bit by meddling and bypassing without regard to other staff members and he encourages this behavior In other people by skipping over program staff." Ms. Shelman stated-has difficulty making decisions and communicating his vision to staff. Ms. Shelman recounted one incident where she was working part time in two parts of the museum to make one fulltime position.- approached her in December 2011 and promised her a fulltlme job with the foundation part of the museum. When Ms. Shelman left her part time position to join the foundation side, the supervisor had no knowledge of-promise and no position causing Ms. Shelman to be left with only one half time position, decreasing her income by SO%. Ms. Shelman indicated this caused anxiety and is an example of-disregard of staff members and poor communication skills.

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Tribal Liaison and Collection Specialist Ms. Tisa Matheson ("Ms. Matheson") has been with the MAC since February of 2013 although she had been with the museum prior but was let go due to budget constraints. Ms. Matheson Indicated she interacts with-on a daily basis and has never observed discrimination, retaliation, or violations of museum preservation and security protocols. Ms. Matheson indication- communications are "perfectly fine," although she stated "I have not been here long enough to witness negative communications." Ms. Matheson believed she receives "good" direction and answers when she needs them from- Ms. Matheson indicated. -allow her to be independent and do her job and does not micromanage.

Admissions Clerk Kati Stunkard ("Ms. Stunkard") has been with the MAC since April of 2013 and Interacts with- infrequently. Ms. Stunkard denied observing- discriminate or retaliate against another staff member. Ms. Stunkard Indicated she has no knowledge about any violation by-of museum preservation and security protocols. Ms. Stunkard indicated. -is very friendly and "involves everyone."

Facilities Custodian Doug Gentls ("Mr. Gentis") has been with the MAC for fourteen (14) years indicated he has never observed discrimination, retaliation, or violations of museum preservation and security protocols. Mr. Gentis stated-"is a quiet man who does not relinquish a lot of information and Is close lipped about things." Mr. Gentis indicated he would like-to communicate more about his plans for the museum and Issues Impacting staff such as budget concerns. According to Mr. Gentls,- lack of communication has put staff "on pins and needles."

Visitor Services Lead Allison Carrillo ("Ms. Carrillo") has been with the MAC since April 2013. Ms. Carrillo Indicated she does not see-"very much" and has never observed him discriminate or retaliate against a staff member. Ms. Carrillo indicated she had no knowledge of any violations of museum preservation and security protocols by-Ms. Carrillo described communication style as •casual" and "not authoritative." Ms. Carrillo indicated and professional.

Respondent lntervle~ Executive Director-~- has been with the MAC for two (2) years as Executive Director although there was a brief absence when he was fired in mid-2012 and re-hired in August of 2012. Prior to coming to the MAC,-was the Executive Director of the High Desert Museum in Bend, Oregon and before that he was the Chief of Staff at Oregon State University .• -categorically denied discriminating against female staff members and retaliating against anyone who did not support his rehire In August of 2012.-stated he has given no preferential treatment to anyone who supported him and "did not even know who on the program staff had supported" him.-stated when he first started at the MAC he spent four (4) months trying to understand the history of the MAC and the fact that for the past several years they had had two previous interim directors.- stated none of the senior staff had performance development plans and he tried to create the plans. Complicating matters further were the significant budget constraints and reduction In staff levels. When Ms. Thayer left, decided not to refill the program manager role in order to balance the budget. As a result, had to develop new ways

5- was given a copy of the written complaint by Ms. Krause to review prior to the beginning of the

Interview which included the Issues regarding communication, leadership, and museum preservation. -was given the opportunity to choose whether to respond at all, respond at that time, or in writing at a later time. - after being advised of all of his rights and responsibilities, chose to respond at that time.

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to accomplish programmatic and community-engaging tasks with less staff.- indicated he then engaged the program staff in a joint meeting about how to reboot education and connecting to the MAC's community. David Brum was the only Individual to show interest In providing Ideas and as a result began to work with Mr. Brum on changing his position and duties to match his motivations. denied, as Ms. Krause and others have suggested, his engaging with Mr. Brum was because of his gender. - stated Mr. Brum is the only one with the interest, skills, and education in rebuilding the education connections to our community. -Indicated there seemed to be a "culture of unnecessary interdependence which has created a license for knowing about everything" as well as creating resentment for having met one-on-one with Mr. Brum.­stated it was "the prerogative of the Executive Director as to what information is needed to be shared and with whom."- stated there has been "historical resistance by program staff' to change and there Is little flexibility. He went on to note, "When Ms. Thayer managed the group she had no supervisory background (training/experience) and as such operated the program staff group in a conversation among equals."- indicated program staff may have gotten use to that form of supervision but he "does not have time" for that method.- Indicated his responsibilities for the budget and development prevent him from being at the MAC to provide conversational supervision. -stated program staff "has little focus on accountability as a result of (Ms. Thayer's] supervision."-denied Ms. Krause's allegation that Mr. Hardesty was allowed to work on the new exhibit with outside consultant Ann Bernard while other program staff were not involved because of his gender.- indicated Mr. Hardesty was identified by Ann Bernard as being the best fit to help coordinate the new exhibit and had nothing to do with his gender.- also denied Jose Angel's meeting with Ms. Bernard for the new exhibit was because of his gender; instead,­claimed it was Ms. Bernard's request to meet with Mr. Angel to discuss doing the graphic design work for the new exhibit.- reiterated his denial of any preferential treatment of males stating he hired Betsy Godlewski into a senior leadership position, rehired Tisa Matheson, and increased linda Strong's presence at the museum to almost fulltime to ensure a robust volunteer program.­also reiterated his denial he gave preferential treatment to those who supported him in his August 2012 rehire stating, "I did not know who supported me and who did not.'' According to-"there was a lot of mischief during my absence and there has been an assumption that I have been bad mouthing staff which Is not true."- indicated he "was not sure what the retaliation would look like as [he] came Into this job [when rehired] with every intention to do the job and not engage In a vendetta."

With regard to museum preservation and security protocols,- denied willfully Ignoring the procedures at the MAC and in fact he claimed he has supported following those procedures .• -did admit he did not communicate very well with staff regarding the Rotary event and stated he had apologized at least twice to staff members regarding it.-indicated he needs to do a better job of reaching out to staff members when they are Implicated In an event which is promised to the community.

- indicated his leadership style is results and data driven and his job Is to "get people to do their best."-stated he tries to fit "the right people to the right job with shared goals and missions but individual goals must be subordinate to the program goals."- stated part of the resistance of staff regarding his leadership style is a mentality of not wanting to change.­indicated his communication style is "complex" and some may call him "aloof' but he ls"trying to be "focused on priorities" Including community engagement and budget.- indicated he "operates with a sense of urgency which does not go well with a state agency" and some of the staff

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members at the MAC.- indicated he wanted to include in his response to the allegations Ms. McNeil's (former DES HR contact for the MAC) summary of Interviews which highlights the resistance to change from staff members. See Attachment G.

DETERMINATION6

Gender Discrimination

The evidence appears to show EWSHS's policies regarding gender discrimination have not been violated.

Retaliation

The evidence appears to show EWSHS's policies regarding retaliation have not been violated.

While Insufficient evidence exists to substantiate the two policy based allegations of Ms. Krause's complaint, gender discrimination and retaliation, there is significant evidence to corroborate her additional concerns with- leadership and communication. The majority of witnesses interviewed identified similar communication and leadership issues with-Based on the statements of these witnesses, It Is more than likely that- leadership and communication since August 2012 has had a significant and detrimental impact on the MAC, including museum programming, education, community outreach, staff morale, staff retention and the staff's ability to perform as required by their position descriptions.

ADDITIONAL INFORMATION

Witnesses Interviewee/ Ms. Rose Krause ("Ms. Krause"), Curator of Special Collections, Northwest Museum of Arts and Culture Ms. linda McTaggart ("Ms. McTaggart"), Fiscal Technician, Northwest Museum of Arts and Culture Ms. Cara Spinks ("Ms. Spinks"), Education Coordinator, Northwest Museum of Arts and Culture Mr. Jose Angel ("Mr. Angel"), Graphic Designer, Northwest Museum of Arts and Culture Ms. Marsha Rooney ("Ms. Rooney''}, Senior Curator of History, Northwest Museum of Arts and Culture Mr. John Drexel ("Mr. Drexel"), Chief Financial Officer, Northwest Museum of Arts and Culture Mr. Mark Weber ("Mr. Weber"), Facilities Manager, Northwest Museum of Arts and Culture Ms. Rebecca Estelle ("Ms. Estelle"), Volunteer, Northwest Museum of Arts and Culture Mr. Allen Eaker ("Mr. Eaker"), Security Officer, Northwest Museum of Arts and Culture Mr. Ryan Hardesty ("Mr. Hardesty''), Exhibit Designer, Northwest Museum of Arts and Culture Ms. Rebecca Bishop ("Ms. Bishop"), Marketing Staff, Northwest Museum of Arts and Culture Ms. Lori Bertis ("Ms. Bertis"}, Museum Services Manager, Northwest Museum of Arts and Culture Ms. Cheryl Bivens ("Ms. Bivens"), Fiscal Analyst, Northwest Museum of Arts and Culture Mr. Jason Miller ("Mr. Miller"), Development Officer, Northwest Museum of Arts and Culture Mr. Michael Hollman ("Mr. Hollman"), Plateau Studies, Northwest Museum of Arts and Culture Ms. linda Strong ("Ms. StrongH), Campbell House Coordinator, Northwest Museum of Arts and Culture Ms. Betsy Godlewski ("Ms. Godlewski"), Development Manager, Northwest Museum of Arts and Culture

11 Determinations were made uslns a "more likely than not" preponderance standard. 7 An interview schedule is attached. See Attachment D. In certain circumstances, there was either additional correspondence or communication with witnesses for darlflcation or additional information. This additional information, where relevant, is included in the report.

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Ms. Jane Davey ("Ms. Davey"), Collections Librarian, Northwest Museum of Arts and Culture Mr. David Brum ("Mr. Brum"), Curator of Community Programs, Northwest Museum of Arts and Culture Mr. Jerry Smith ("Mr. Smith"), Development Officer, Northwest Museum of Arts and Culture Ms. Bobbi Cypher ("Ms. Cypher"), Store Manager, Northwest Museum of Arts and Culture Ms. Valerie Wahl ("Ms. Wahl), Museum Collections Curator, Northwest Museum of Arts and Culture Ms. Hannah Robinson ("Ms. Robinson"), Visitors Services Clerk, Northwest Museum of Arts and Culture Ms. Heidi Arbogast ("Ms. Arbogast"), Visual Literacy Curator, Northwest Museum of Arts and Culture Ms. Jenna Scholz ("Ms. Scholz"), Visitors Services Clerk, Northwest Museum of Arts and Culture Ms. Laura Thayer ("Ms. Thayer"), Former Program Manager, Northwest Museum of Arts and Culture Ms. Linda Queen ("Ms. Queen"), Confidential Secretary, Northwest Museum of Arts and Culture Ms. Tammy Gabbert ("Ms. Gabbert"), Art @ Work Manager, Northwest Museum of Arts and Culture Ms. Amanda Townsend ("Ms. Townsend"), Admissions Clerk, Northwest Museum of Arts and Culture Ms. Brooke Shelman ("Ms. Shelman"), Foundation Assistant, Northwest Museum of Arts and Culture Ms. Tisa Matheson ("Ms. Matheson"), Tribal Liaison, Northwest Museum of Arts and Culture Ms. Kati Stunkard ("Ms. Stunkard"), Admission Clerk, Northwest Museum of Arts and Culture Mr. Doug Gentis ("Mr. Gentis"), Facilities Custodian, Northwest Museum of Arts and Culture Ms. Allison Carrillo Carrillo"), Visitors Services Lead, Northwest Museum of Arts and Culture

Executive Director, Northwest Museum of Arts and Culture

Documents Attached Attachment A: Ms. Krause's Complaint with Attached Documents Attachment B: Authority to Conduct Investigation Attachment C: EWSHS and MAC Policies Attachment D: Interview Schedule Attachment E: Email Communication from Rebecca Bishop Attachment F: Email Communication from Valerie Wahl Attachment G: Email Correspondence and Summary of Interviews

Documents Reviewed But Not Attached Additional Documentation provided by Ms. Krause -

Scott Nicholson Labor Relations Manager Office of Human Resources and Safety, Headquarters Washington State Department of Transportation

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