D.C. Council majority calls for 3rd-party investigation into ex-aide

A majority of D.C. Council members Tuesday called for a broader, independent investigation into allegations of sexual harassment against Mayor Muriel E. Bowser’s (D) former top adviser, John Falcicchio, following an investigation by Bowser’s legal office that substantiated some of the complaints a female employee made against him.

The calls for a separate, third-party probe, from eight of the council’s 13 members, follow the release of the investigative findings into Falcicchio’s behavior from the Mayor’s Office of Legal Counsel (MOLC) — which posted its report online without public notice on a Saturday night during the three-day Father’s Day and Juneteenth holiday weekend. Now, Bowser faces mounting questions from lawmakers about whether it’s sufficient for the investigative arm of the executive branch to investigate itself when a sexual harassment complaint is lodged against a mayoral appointee.

The report substantiated two serious allegations against Falcicchio, Bowser’s former chief of staff and deputy mayor of planning and economic development, by an employee who worked in that department — including that Falcicchio exposed his genitals and engaged in unwanted sexual touching. The report, which focuses on one of two D.C. government employees who have filed complaints against Falcicchio, came about three months after his abrupt resignation March 17.

But the timing of the report’s release led to concerns among a number of council members that the mayor’s office hoped the public would not see the report despite the gravity of its findings against a man who, just months ago, was one of the most powerful people in D.C. government. The report also left several other allegations unsubstantiated — some of which MOLC said were outside the scope of its investigation. Multiple council members said that as a result they believed a deeper, independent investigation into workplace culture within the executive branch and specifically Falcicchio’s department was in order.

“It begs the question: Is it appropriate to have the executive investigating itself?” Council member Zachary Parker (D-Ward 5) said. “I think there is a better way to ensure there is both an integrity to the investigation but also the appearance that everything is being investigated properly. I don’t think that is the appearance now — certainly with the botched release of the report over a holiday weekend in the middle of the night.”

In a statement Monday, Vanessa Natale, deputy director of the MOLC, addressed the criticism of the timing of the report’s release. Natale said the MOLC sent its final report to the mayor on Friday afternoon, got confirmation she received it Saturday and then notified the parties. “In response to ongoing and repeated inquiries and the heightened public interest in the investigation, the MOLC’s Summary was posted on its website shortly thereafter,” Natale said. “The MOLC neglected to consult with the Mayor’s Communications Team.”

Bowser did not respond to a request for comment Tuesday. In a statement late Saturday night, Bowser said she takes “sexual harassment allegations and findings seriously and will continue to work urgently to ensure our workplaces reflect our policies and our values.” She has not had an official public appearance since the report’s release.

Falcicchio did not participate in the investigation, according to the report, and has not responded to multiple requests for comment from The Washington Post.

Council members including Parker did not yet have a firm proposal about who should lead a potential third-party investigation but said they were actively exploring options.

Others, including council chair Phil Mendelson (D), said more information was needed before deciding whether an outside investigation was warranted. Several council members noted the report on the second complainant’s allegations was still forthcoming.

The MOLC was tasked with investigating the complaints according to a legal process laid out in Bowser’s 2017 sexual harassment order issued during the #MeToo movement, which also mandated sexual harassment training.

The first complaint against Falcicchio was filed March 8; the second woman filed her complaint March 31. Both accusers are being represented by attorneys Debra Katz and Kayla Morin. Natale told The Post over the weekend that an investigation into the allegations of the second accuser is ongoing.

The summary report said that Falcicchio sexually harassed a female staffer by twice making physical advances and sending her “unwanted” explicit messages, “including a graphic video.” The MOLC substantiated two allegations of sexual harassment but did not substantiate six other claims made by the accuser, including “bullying” from Falcicchio’s senior staff, “sexual or attraction-based favoritism,” or a claim that the accuser was demoted for “rebuffing his sexual advances.” The woman, who told an investigator that Falcicchio used his office “as his dating ground,” said that some high-ranking staff in the office of the deputy mayor for planning and economic development retaliated against her after she filed the harassment complaint.

Council member Brianne K. Nadeau (D-Ward 1), who led efforts to develop the D.C. Council’s own sexual harassment policy, said it was clear from the report that the MOLC took aspects of the investigation seriously, but she said she was concerned that other areas required a deeper look. For example, the report noted that an allegation that Falcicchio engaged in sexual or attraction-based favoritism in hiring and promotion “is a broader accusation and would require a more detailed investigation.”

Nadeau said she believed only an independent investigator could properly examine the broader workplace culture surrounding the sexual harassment allegations, which accusers have described as long-standing.

“It’s a really closely knit group of people working in the mayoral administration and, outside the actual government, in her political team. And so people have incentives to protect one another,” Nadeau said. “Unless you have an outside investigation, none of that stuff is going to come to light, and it’s going to continue to be a hostile work environment for people who are just trying to be public servants in our government.”

The council’s sexual harassment policy requires that a third-party investigator be brought in if a formal complaint of sexual harassment is filed — something Nadeau said she believes should be the case within the executive branch in a case such as Falcicchio’s. She said she would explore legislative options to strengthen the mayor’s existing policies around reporting and investigating sexual harassment.

Under its own rules, the D.C. Council’s chair can introduce a resolution to establish a special committee to consider investigations, ethics or other matters. The council’s existing committees may also launch investigations; In either case, lawmakers could also vote to give the committee the ability to subpoena testimony or documents. In the past, the council has brought outside law firms to assist with investigations related to council member conduct.

Council members Janeese Lewis George (D-Ward 4), Vincent C. Gray (D-Ward 7), Matthew Frumin (D-Ward 3), Charles Allen (D-Ward 6), Brooke Pinto (D-Ward 2) and Robert C. White Jr. (D-At Large) echoed calls for a third-party probe. Multiple members said they were in active discussions with colleagues about what that would look like, such as whether the council should consider hiring its own investigator, which could raise a budgetary concern, or whether they should simply call on Bowser to initiate an outside investigation.

Mendelson said he wanted to see a specific proposal before commenting about what the council should do. He said he did not believe it was “best practice” for the executive branch to do an in-house investigation, but nevertheless, he said, the MOLC’s report substantiated serious allegations. “It’s not a coverup,” he said.

Both Council members Christina Henderson (I-At Large) and Anita Bonds (D-At Large), who has oversight of the mayoral administration as chair of the Committee on Executive Administration and Labor, also said they wanted to see more information.

Bonds added, however, that while it appears the MOLC was following the law, she believed her committee should play an oversight role in examining the mayor’s sexual harassment policies laid out in her 2017 order — and whether the laws were strong enough.

She said she was concerned about evidence in the report that Falcicchio used the D.C. government as a “dating ground” and said allegations of bullying deserved scrutiny, especially concerning the allegations occurred “at the highest level of our government.”

“So yes, we have to examine the mayor’s order,” Bonds said. “We have to examine what we have on the books as far as the laws against harassment, as well.” She said she wanted to see a full accounting, too, of the scope of sexual harassment allegations and related court settlements within D.C. government to inform council members considering policy changes.

Mendelson said he would also speak with council member Kenyan R. McDuffie (I-At Large), who has oversight of the Planning and Economic Development office, about whether his committee should play a role in examining workplace culture within the department.

McDuffie’s office did not respond to request for comment by deadline. Council member Trayon White Sr. (D-Ward 8) said he had not yet had a chance to review the MOLC’s report and declined to comment.

The D.C. Office of the Attorney General, which would have a legal obligation to defend the District if the city were sued over the allegations, declined to comment on the report.