Independent Fisher Phillips review finds past responses legally compliant, urges HR reforms after harassment investigations

The Indianapolis City-County Council investigative committee on Thursday received a final report from the Fisher Phillips law firm that reviewed harassment allegations involving a former chief of staff and recommended a package of reforms to strengthen reporting and human-resources systems.

The Fisher Phillips team told the committee that its review covered three prior investigations (2017, 2020 and 2023), included interviews with 12 people and concluded that, while past responses met legal standards, the city should adopt further measures to prevent future misconduct and improve transparency.

The outside investigators said they interviewed two people identified in the report as complainant 1 and complainant 2, spoke with the mayor and nine other current or former administration officials, and attempted but did not secure an interview with the respondent, the former chief of staff. Fisher Phillips noted witness memories had faded given that some events dated back five to seven years, and that its presentation to the committee was a summary; the full determinations and conclusions appear in the 54-page report submitted to councilors.

The report summarized factual findings from each prior inquiry. It said the 2017 matter involved allegations about conduct that predated the respondent’s city employment and therefore did not create a legal obligation for the city to take corrective personnel action, though the then-mayor issued a directive barring the respondent from intimate relationships with city employees. The 2020 investigation, triggered by a city employee complaint about a consensual relationship while on duty, concluded on Oct. 2, 2020, and found violations of the city’s nonfraternization policy; the respondent remained employed for 68 days after the directive and submitted a resignation notice on Dec. 17, 2020, effective Dec. 31, 2020. The 2023 investigation involved allegations by a city employee (complainant 2) and resulted in recommendations issued Oct. 30, 2023, and subsequent administrative actions including termination of some contracts associated with the respondent.

Fisher Phillips recommended several governance and policy changes. Key options presented to the committee included: intermittent appointment of an ad hoc inspector general to investigate policy violations by elected or appointed officials; creation of an independent human-resources board or agency led by a human-resources officer; elevating the Office of Equal Opportunity (OEO) to an independent office with authority to handle employee complaints; strengthening the city’s nonfraternization policy (including clearer disciplinary consequences for supervisor–subordinate relationships); updated and tracked mandatory anti-harassment and anti-discrimination training for leaders and employees; adding multiple reporting channels (web, portal, physical locations) to complement the anonymous reporting software the city adopted, SpeakFully; and consideration of follow-up inquiries into the respondent’s post-employment activities related to economic-development projects.

Danielle, the Fisher Phillips presenter, told committee members, "We find the city county's HR systems and policies were sufficient at relevant times," while also urging structural improvements to reduce future risk and improve reporting. The consultants said their scope did not permit deeper inquiry into certain post-employment conduct and recommended the council consider a separate investigation of the respondent's activities after leaving city employment, including a documented appearance before the local bond bank on Oct. 18, 2021.

Committee members who spoke praised the survivors who cooperated with the investigation and urged prompt follow-up. "I want to thank ... the survivors and the victims for your strength and fortitude," Councilor Andy Nielsen said. Councilor Brian Mowery said the report underscored a need for ethical as well as legal standards and criticized the Fisher Phillips team’s remote presentation, saying, "For almost half a million taxpayer dollars, I was really kind of disappointed you guys weren't able to be here in person tonight." Several councilors said they would review the report and pursue legislative or administrative remedies to give the city clearer authority to act when allegations involve elected executives.

The investigative committee did not take final votes on policy changes at Thursday’s meeting. Committee members indicated that the report begins a new phase of work: drafting and pursuing reforms, seeking any additional inquiries where the report recommended them, and tracking implementation of recommended training and reporting upgrades. The committee chair closed the meeting by committing the group to finish the policy work and adjourned the session.

The Fisher Phillips report and presentation slides were distributed to councilors at the meeting; the full written report was provided in hard copy to the committee and will be reviewed by the council as it considers next steps.