San Bernardino, CA – Recent information circulating surrounding the investigation of City of San Bernardino Mayor John Valdivia accuses the Law Offices of Pelayes & Yu of being uncooperative with the investigation. These statements provided by the City and Barboza & Associates are misleading and lack context; the citizens need to know the truth behind these claims.
From the very beginning, when Pelayes & Yu was notified that the City was opting to hire an independent investigator, they reached out and requested to work together in mutually selecting someone to conduct a fair and impartial investigation. The City denied the request and decided to choose a contract investigator on their own. They also denied Pelayes & Yu the ability to take part in facilitating the interviews and have access to view the findings.
Because claimant Don Smith is a current employee, he was required to participate in an interview with the investigator, while the other three former employees did not.
It should be noted that it is uncommon and unnecessary to hire an outside investigator with these types of cases. Typically, the involved parties wait for the discovery process to take place, which is where document production, evidence collection, and statement under oath (depositions) take place, amongst other things.
“This is yet another example of the City being careless and wasteful with taxpayers’ money while trying to protect the Mayor. They asked for an additional $30,000 on top of the $50,000 they unnecessarily spent during a time when their community is literally struggling to survive.”Attorney Tristan Pelayes
A total of four separate claims have been filed against the City and Mayor Valdivia for sexual harassment and hostile work environment. Formal lawsuits will be filed once the court starts accepting filings again.
Previous news releases that include additional details about the cases, including copies of the claims and other relevant information can be found at pelayes-yu.com/news.