Gender discrimination claims by three women against elected board member cost MID $600K
The Modesto Irrigation District has paid out $595,000 in the past five months to three women who accused board member John Mensinger of gender discrimination, retaliation and more.
The women were all part of the District’s now-defunct legal department. The board said they were let go for legitimate business reasons and admitted no liability as part of the settlement agreements.
The first allegations were made by Ronda Lucas, who served as General Counsel for the MID from January 2016 until her termination in November 2018. It was followed by complaints from staff attorney Kelsey Gowans and legal secretary Mary “Shelly” McLean after they were laid off in March 2019.
Lucas’ complaint filed in Stanislaus Superior Court in February 2019 alleged that, within months of her employment beginning, Mensinger created a hostile working environment by being inappropriately rude, disrespectful, and combative toward her.
When she’d give reports before the board during meetings, Mensinger “would snort, interrupt Plaintiff, and shake his head as if she was speaking nonsense,” according to the complaint.
Mensinger in an email to The Bee said, “I do not agree with these claims. I was rarely, if ever, rude or disrespectful.”
He said MID hired an outside attorney to conduct and unbiased, independent investigation of the claims by all three women.
“The report didn’t support any of the legal claims of Lucas, Gowans, and McClean (sic),” Mensinger said. “This report informed the decisions made by MID management and the MID Board in handling these cases.”
Gender discrimination claims
Lucas claimed Mensinger’s treatment of her worsened over time and it became clear that his “hostile treatment of her was substantially motivated by the fact that she is a woman.” She said this was evident in his similar unprofessional treatment toward other women but not their male peers.
Mensinger disputes the claim, saying he has vigorously disagreed with male MID managers, whom he treated the same way he did Lucas. He said he has great respect for female attorneys, working extensively with several including one for whom he served as a campaign manager and another whom he hired multiple times to defend his company, American Lumber, against lawsuits.
Mensinger also pointed to his pride for his mother who became the first woman elected to the Modesto City Council in 1973, then became the first female mayor six years later.
“She was in the forefront of the women’s liberation movement by quietly and competently serving the community and doing jobs better than men,” Mensinger said. “At that time and at all times since I have supported equal rights for women.”
According to Lucas’ complaint she was evaluated more frequently then her male counterparts and at one point had to fight to get a 3% merit increase, while other senior managers received their merit increase without question and at a rate of 5%. She said all the board members gave her positive performance evaluations but Mensinger, who rated her below average.
During a board meeting in April 2018 Mensinger implied that Lucas was inexperienced, despite her 16 years as an attorney, and suggested she get assistance from then General Manager Scott Furgerson, who was not an attorney, according to the complaint.
Mensinger said the comment was made in the context of a discussion about whether to change a policy that would require General Counsel to report only to the board instead of the board and the General Manager.
He said he didn’t suggest Furgerson mentor Lucas on legal matters but, with his 30 years of management experience, “one can see that he could help her or any GC better understand their overall role in supporting the organization.”
The following month Lucas, Furgerson and Mensinger were in a meeting to discuss an issue of which Lucas and Furgerson were in agreement but Mensinger was in dissent. During the meeting Mensinger allegedly screamed at Lucas, reached across the table, slammed the table with his fist, called her ‘ridiculous,’ cut her off while she was talking, and was generally dismissive and aggressive toward her, while Furgerson was treated professionally, according to the complaint.
Mensinger denies doing any of those things but said he was in disagreement about an objection she filed to a draft Environmental Impact Report from the Stanislaus Regional Water Alliance without first consulting the board.
Termination following complaint
Lucas’ termination roughly coincided with a power struggle that shifted control from farm-based directors Larry Byrd and Nick Blom to the new majority of Mensinger, Paul Campbell and Stu Gilman, who represent mostly urban areas.
In August 2018 Lucas made an internal complaint about Mensinger to the board’s president and vice president, who forwarded it to Furgerson. She said no one ever contacted her regarding her allegations. Instead, she was put on leave in October and fired the following month.
Mensinger said Lucas never made any written complaints about his behavior and he was never made aware of any verbal complaints.
A few months after that the board voted to disband its legal department in favor of obtaining outside counsel, ultimately laying off Gowans and McLean.
Those women also filed complaints after they were let go alleging gender discrimination, hostile work environment and retaliation by Mensinger. Gowans also named Furgerson -- who no longer works at MID -- in her complaint.
The MID in October agreed to pay Lucas $320,000 and in January agreed to pay Gowans and McLean $150,000 and $125,000, respectively. The amounts cover all attorneys’ fees, costs, and general damages.
All three women were represented by Roseville-based attorney Robert Henk.
“My clients stand by the allegations in their respective complaints,” Henk said in an email to The Modesto Bee Thursday. “They are not in a position to comment on an alleged investigative report that has been held in secrecy.”
There is a confidentiality section in the settlement in which the parties agreed not to discuss the terms of the agreement with others and specifically not to contact the press. However, The Bee obtained copies of the agreements through a Public Records Act request.
Records withheld
The Bee also requested copies of the complaint filed by Gowans and McLean but were denied based on what MID said were privacy reasons.
Unlike Lucas’ complaint filed as a lawsuit in court, Gowans and McLean only filed complaints with the California Department of Fair Employment & Housing and concurrently filed with the Equal Employment Opportunity Commission.
Mensinger said the claims made by Gowans and McLean were based on the same allegations made by Lucas.
“They claimed that the way Ronda Lucas was treated resulted in them suffering from various problems,” he said. “I never had any authority over either Gowans or McLean and almost never talked with them or contacted them.”
The Bee also requested the amount spent by the District to litigate all three cases but the District said that the records do not exist and that the Public Records Act “does not require the District to create records.” However, the district also said the records fall under attorney-client privilege.
“It seems as though the records would have to exist to fall under attorney-client privilege,” said California Newspaper Publishers Association Attorney Brittney Barsotti.
She also said the District’s response about Gowans and McLean fails to explain why the agency is unwilling to redact the information that is personal.
“The response goes on to state they do not have to provide information that is not ‘well-founded,’” Barsotti said. “If the claims are not well-founded or substantial, then why was the matter settled?”
District spokeswoman Melissa Williams said Mensinger has not been a defendant in any other claims or lawsuits against the board. She said no other current board members have been the subjects of any claims or lawsuits.
This story was originally published February 12, 2021 at 5:00 AM.
