Two female city employees accused Brookhaven’s mayor of inappropriate behavior earlier this year, and the city’s internal investigation into the matter dragged on for eight weeks.
That investigation apparently quickly wrapped up Wednesday, after The Atlanta Journal-Constitution inquired about the incident. By day’s end Wednesday, the city’s attorney cleared Mayor J. Max Davis of wrongdoing.
“There was no intentional conduct that rose to the level of harassment of any type,” the city said in a news release.
Nevertheless, Davis has apologized to the two women.
“I have spoken with both employees present and they have accepted the sincere apology that I offered. The action was innocent and was not intended to bring discomfort,” Davis is quoted as saying in the news release.
Davis declined to talk with the AJC.
What the incident involved is not clear. The release said it involved Davis spraying an aerosol can “in the vicinity of two city employees.”
Early Wednesday, city spokeswoman Megan Matteucci, speaking for City Manager Marie Garrett, told the AJC that the complaint involved sexual harassment. Later Wednesday, attorney Tom Kurrie and Davis backpedaled on that assertion.
“There has been no claim of sexual harassment made by any person,” Kurrie said.
“If something occurs, and it’s offensive, it doesn’t necessarily have to be sexual harassment,” he said. “If they think it’s unprofessional, if they think something like that, that’s not sexual harassment.”
Kurrie would not clarify what the initial complaint involved and would not release any documents related to the complaints. However, on Wednesday the city provided the online Brookhaven Post with a heavily-redacted email, dated March 18, from Garrett to the human resources director.
“In (redacted) office where (redacted) was present, was sprayed with Lysol by the Mayor (redacted) … told me she was very upset about this behavior. As I understand it was unsolicited behavior. It left (redacted) very uncomfortable,” the email says.
Matteucci stood by her earlier comments characterizing the complaint as sexual harassment.
“What I said is accurate, as far as what the city manager directed me to respond to you,” she said.
The incident was Feb. 23, Matteucci said. On Feb. 24, two women, one of whom no longer works for the city, reported the incident to Garrett. She passed the two women’s claims along to the human resources director and to Kurrie.
A related complaint has been filed with the federal Equal Employment Opportunity Commission, Matteucci said. The EEOC would not confirm that, citing federal law.
Davis, one of the city’s founders, has been mayor since Brookhaven formed in 2012.
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