DC Council files bill to change how sexual harassment allegations are investigated following Falcicchio report

WASHINGTON - Some movement came from the D.C. Council Wednesday to change executive branch policies regarding sexual harassment allegations.

Councilwoman Brianne Nadeau filed a bill that would require the Inspector General to find outside counsel to investigate allegations made against a mayoral appointee.

Currently, the Mayor’s Office of Legal Counsel, or MOLC, handles sexual harassment allegations. MOLC investigated claims from two accusers against now-former Deputy Mayor John Falcicchio.

The Mayor’s Office of Legal Counsel reports to Mayor Bowser.

"I don’t know that the MOLC did a poor job. I think they worked incredibly hard. But given the fact that they were essentially investigating their own boss, there’s always going to be questions from the public, from the council, and we want to create a process where those questions don’t exist, where everyone is confident that this is independent and this is thorough, and this was done the way it needed to be done," Nadeau told FOX 5.

Tuesday night, Mayor Muriel Bowser sent a letter to the Inspector General asking him to look into whether or not management practices could improve in the Mayor’s Office.  Bowser said last week she was considering this move.

Parts of the MOLC report into the first accuser left some questions unanswered because it was deemed to be outside the scope of the MOLC investigation.

"Questions have been raised about the unsubstantiated claims the MOLC indicated were outside the scope of the sexual harassment investigation. I would like to call your attention to the following report findings to consider whether a management review could help ascertain whether policies in place today work or need updating," Bowser said in the letter.

The Office of Inspector General confirms to FOX 5 that they’ve received the letter.

The proposed legislation would only have the requirement the mayor brings in outside council after it passes — if it passes.

But Nadeau is also crafting emergency legislation, the text of which must be submitted in the next week. That legislation, if passed, would require nine members of the council to vote yes and show that it doesn’t add money to the budget, Nadeau says.

It would require an outside firm to come in to review the MOLC inquiry and determine its thoroughness.

"A review of what the mayor’s office of legal counsel did to see what gaps there might be, to see what might have been missed. I know the firms that specialize in this can work with a document review and not subject witnesses to further interviews. Nobody wants that. But if there’s something glaring, we want to know about it," Nadeau said.

The emergency legislation would also require an outside counsel to investigate sexual harassment claims for mayoral appointees while the permanent legislation is worked on.

Neither a spokesperson for the mayor nor a Deputy in the Office of Legal Counsel responded to a request for comment Wednesday. FOX 5 will update this story if we hear back.

At a news conference last week, Mayor Bowser and Vanessa Natale with the Mayor’s Office of Legal Counsel indicated they didn’t think an outside review was necessary.

"I stand behind our report, and the findings, 100% and I know I shouldn’t say it but I don’t think there could be any better report written on sexual harassment allegations," Natale said.

Nadeau expected to circulate the emergency legislation within the next week and have it discussed at a July 11 council session.

The permanent legislation will likely be discussed over the next few months.

The permanent legislation has 10 sponsors. It’s unclear how many would support the emergency legislation but a majority of counsel has voiced support for an independent inquiry.

FOX 5 reached out to representatives for former Deputy Mayor John Falcicchio Wednesday and did not hear back.

Early Wednesday evening, attorneys for the two accusers against Falcicchio also voiced calls for an independent investigation, naming the D.C. Attorney General as an option instead of the Inspector General.

"Mayor Bowser’s mishandling of the report, in addition to the substantiated findings against her former Chief of Staff and Deputy Mayor Falcicchio, have destroyed the public's trust. A truly independent outside investigation would be the first step in the right direction," attorneys Debra Katz and Kayla Morin said.