Attorney says recordings reveal sexist culture in S.L. fire department

Attorney says recordings reveal sexist culture in S.L. fire department

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SALT LAKE CITY — As the Salt Lake City Fire Department's first female battalion chief waits for the city to respond to claims that her bosses have sexually discriminated and retaliated against her, new city documents and recordings have surfaced, coloring her allegations.

Three other individuals complained to the city's human resources department in 2015, alleging that Fire Chief Brian Dale, then deputy chief, called Martha Ellis vulgar names, according to city documents KSL obtained Thursday.

Ellis and her attorney, Jaqualin Peterson, also allege that Dale used sexist and derogatory language when referring to other female firefighters, according to audio recordings of conversations that have been shared with city officials.

In the recordings, provided by Peterson, a male voice can be heard saying "Sara can be a real (expletive)," and "Mary Beth is more (expletive) than Sara." The voice is Dale's, Peterson said.

However, the city's HR department has since concluded there's insufficient evidence to support allegations that Dale has violated the city's harassment policy.

Salt Lake fire spokesman Jasen Asay said neither Dale nor any other fire department official could comment on the issue due to potential litigation.

Peterson said the recordings and multiple instances of complaints show there's a sexist culture within the fire department, and human resources has done little to address it.

"People need to understand this isn't just about me," Ellis said. "This is about a problem that so many other people haven't been able to stand up to. It's about those who have gone before me and those who will come after me."

Ellis, who filed a notice of claim with the city on June 6, alleges that her recent demotion in the department was retaliatory, the result of her raising concerns that department higher-ups used city time for personal activities and committed payroll fraud.

Peterson said Ellis has also suffered discrimination since 2012, after she was passed over twice for a promotion. In 2014, after she was passed over a third time for a promotion, Ellis filed a federal complaint of sexual discrimination and harassment with the Equal Employment Opportunity Commission.

"There's been a culture that's been allowed to perpetuate through the fire department," Peterson said. "It's clear that we really haven't been able to combat the cultural norms that have come out of a male-dominated department."

Dale, who recently announced plans to retire, is on track to leave the department in September with 30-year benefits.

Matthew Rojas, spokesman for Mayor Jackie Biskupski, said Dale's retirement plans are not related to Ellis' allegations. He said the mayor declined to comment on Ellis' claims, citing the potential lawsuit.

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Biskupski, he said, takes sexual discrimination within the city "very seriously."

"When she took office, she asked the new HR team to do a deep dive into all of our training policies, which are currently in the process of being updated," Rojas said.

But Peterson said she's "discouraged" that Biskupski hasn't done more to address sexual or gender-based discrimination within public safety departments, especially since the mayor spoke about dealing with the issue during her campaign last year.

"What's most disconcerting about this is this was part of Mayor Biskupski's platform," Peterson said. "Yes, there's been training, but there's been no concerted effort within the fire department nor Salt Lake City to discipline or change attitudes."

Peterson said what's most "damaging" to Ellis is her demotion on May 3, which occurred after she was placed on administrative leave because she received a write-up for failing to meet performances standards and having a "lack of respect for chain of command," among other issues.

The write-up came just a few months after Ellis attempted to inform city officials about issues within the department, Peterson said. That's when Ellis asked the new HR director, Julio Garcia, to take a second look at the previous administration's investigative findings. Garcia determined the investigations would stand, Peterson said.

Within a couple of weeks, the fire department demoted Ellis from division chief to captain, with the acquiescence of Biskupski.

"(The mayor) is the one that let that go forward, and she was well-aware that (Ellis) was concerned that it was going to occur," Peterson said. "It's discouraging — and to say that at this point is an understatement."

According to her notice of claim, Ellis is seeking reinstatement to battalion chief rank, back pay and unspecified damages.

The city has 60 days from the date Ellis filed her notice of claim to respond. Peterson said if the city doesn't present a solution by then, she will follow through with a lawsuit.

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