By Doug Porter*
Four years after the Bob Filner scandal, little has changed with the leadership culture in the centers of power on the left in San Diego–namely labor and the Democratic party.
The enablers and apologists for workplace sexual improprieties, gender discrimination, and retaliation continue to use the political clout and cash flow of their organizations as a shield, preventing them from answering for their behavior or learning from their mistakes.
Engaged women are leading the resistance to what portends to be an era of oppression and repression. They can’t fight the good fight locally or nationally if women within this movement are subjugated by abusive men in powerful positions. They cannot be expected to roll up their sleeves to make changes only to realize the institutional power they need amounts to more of the same.
Watching the situation with Labor/Democratic leader Mickey Kasparian play out has been painful. It has become obvious these institutions have neither a mechanism nor the political will to shift their own patriarchal, abuse-ridden structures.
The new Chair of our San Diego Democratic Party has told people she believes we would be better off if Mayor Bob Filner had remained in office the two years the legal cases against him worked their way through the courts. Mickey Kasparian, against whom similar claims of a pattern workplace sexual improprieties, gender discrimination, and retaliation have been filed, was one of those who powerfully fought to keep Filner in a position to abuse additional women and tear the party apart from within.
It’s time for these games to end.
This is not an argument against due process. It’s just that, outside of the courts, there is no system for any kind of process within our own institutions. Meanwhile, the women who have come forward suffer humiliation, being blackballed from their professions, and are effectively ignored.
Nearly four dozen activists, all of whom are now or have been involved with the Democratic Party, have decided to formally go public and demand action. This follows a similar letter from the Democratic Women’s Club and an editorial in City Beat.
What follows is letter posted by them on Wednesday, February 1st.
(*h/t to Sara, whose Facebook post on this subject provided much of the language I used in this introduction. PS- I and other SDFP editors would have signed this if asked.)
To the Executive Boards of UFCW Local 135, the San Diego and Imperial Counties Labor Council, the San Diego County Democratic Party, and the California Democratic Party:
Close to the end of December 2016, two lawsuits were filed that made serious allegations against Mickey Kasparian, a powerful and influential force in Labor and the local Democratic Party. The lawsuits describe activities and situations allegedly created by Mr. Kasparian that violate moral, social, and legal norms as pertains to the treatment of women, as well as stand contrary to progressive and Democratic values. More than a month has passed, and despite a third complaint being filed against Mr. Kasparian and UFCW Local 135 for hostile workplace conditions and retaliation, leadership of UFCW Local 135 and the San Diego and Imperial Counties Labor Council have only issued denials of the allegations.
Out of deep respect for the institutions from which Mr. Kasparian derives his political power and position in the community, we opted to wait and give those organizations – namely the San Diego and Imperial Counties Labor Council, UFCW Local 135, and the San Diego County Democratic Party – the opportunity to address these allegations themselves. However, after the absence of any action by the leadership of these groups to address these issues, it has now become clear that if we do not insist upon it, the complaints of these women may be dismissed and diminished in a manner that does not allow them any due process in their own workplaces.
We, the signers of this letter, call upon these named organizations to conduct a prompt independent investigation into the claims that women are suffering or have suffered sexual harassment, retaliation, and bullying in the workplace at the behest of Mr. Kasparian. We urge these organizations to protect current employees during the investigation(s) by placing Mr. Kasparian on administrative leave until the situation is resolved, as a claim has already been filed by Anabel Arauz, a current employee of UFCW Local 135 who expressed sympathy for Isabel Vasquez, that alleges Mr. Kasparian has taken retaliatory measures against employees who may not corroborate his version of the stories.
In the case of the San Diego County Democratic Party and the California Democratic Party, we ask that they take up for consideration whether it is appropriate for someone who has been accused of such serious and disturbing allegations to be representing us as a delegate to the Democratic State Central Committee.
In the current political climate, when we are actively engaged in resistance against a federal administration led by a man whose hallmarks are his blatant and well-documented sexism, his public admission to sexually harassing women, his bullying of those who are weaker than himself, and his retaliatory behavior against those who disagree with his views, it is more important than ever that we maintain moral clarity regarding issues such as the ones confronting us now. Because of Mr. Kasparian’s standing in the progressive community, our ability to stand up against cultures of discrimination, bullying, and harassment is compromised, unless we are able to resolutely acknowledge that we hold ourselves to the same standard that we demand from the nation’s President and his supporters. While the named organizations may claim that this is an internal matter, we would argue that it is a matter that tests the moral fortitude of our progressive institutions and therefore is of concern to all members of the progressive community in this region.
We believe in Mr. Kasparian’s rights to due process for these allegations. And we strongly urge you to participate in that due process by conducting a prompt and comprehensive independent investigation into the veracity of these very serious allegations.
Sincerely,
David Alvarez, San Diego City Councilmember, Victoria Barba, Democrat, Livia Borak Beaudin, Democrat, Laurie Black, Democrat, Cory Briggs, President, Briggs Law Corporation, Marcus Bush, Democrat, Bernadette Butkiewicz, Democrat, Carolyn Chase, Democrat, Max Cotterill, Democrat, Olga Diaz, Escondido City Councilmember, Masada Disenhouse, Environmental Activist, Gabriela Dow, Owner of Mora Dow Consulting, Ansermio Estrada, Democrat, Daniel Firoozi, Democrat, Marco Gonzalez, Democrat, Ben Katz, Community Activist, Sara Kent, Democrat, Carol Kim, Democrat, Rachel Laing, Democrat, Mary Latibashvili, Democrat, Rev. Richard Lawrence, Tom Lemmon, Democrat, David Little, AD77 Delegate, Joan Little, AD77 Delegate, William Moore, Democrat, Vivien Moreno, Democrat, Fayaz Nawabi, AD77 Delegate, Gretchen Newsom, Democrat, Mona Rios, National City Councilmember, Pedro Rios, Immigration Advocate, Jose Rodriguez, AD80 Delegate, Ramla Sahid, Democrat, Lori Saldaña, former Assemblymember, Lisa Schmidt, Democrat, Cori Schumacher, Carlsbad City Councilmember, Nick Segura, Sweetwater Union High School District Trustee, Stephen Shepherd, Democrat, Kevin Smith, Democrat, Arturo Solis, Sweetwater Union High School District Trustee, Cesar Solis, Democrat, Alejandra Sotelo-Solis, National City Councilmember, Martha Sullivan, Founder and Proprietor, Grassroots Oasis, Shawn VanDiver, Democrat, Nora Vargas, Southwestern Community College District Trustee, Codi Vierra, Democrat, Michael Wray, Democrat
City Beat Editorial: Time for Mickey Kasparian to Go
Times of San Diego article detailing retaliation
San Diego Free Press Articles:
(Since certain people on social media keep saying nobody’s writing about it.)
Donna Frye and Irene McCormack Show Solidarity with Kasparian’s Accusers
Campaign Against Labor Leader for Sexual Harassment Charges Heats Up – Protest to Call for Mickey Kasparian’s Resignation – Wed., Jan. 25th
Community Campaign Against Accused Sexual Harasser Mickey Kasparian Continues
We Stood With Sandy and Isabel!
Democrats Vote for Change in ADEM Elections As Labor Council Infighting Continues
Councilman Alvarez: “I am disgusted by the allegations” About Sexual Harassment by Labor Leader
Doug Porter
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“However, after the absence of any action by the leadership of these groups to address these issues, it has now become clear that if we do not insist upon it, the complaints of these women may be dismissed and diminished in a manner that does not allow them any due process in their own workplaces.”
It appears to me that the signers of this letter either have no faith in our court system or have no faith in the success of the two complaints filed before the courts. Either one is an affront to the rule of law. America is governed by laws not by accusations.
I wrote my post before seeing your comments. I believe it addresses some of your points.
I do think the lawsuits have merit, and also believe there are other problems in the UFCW office that need to be addressed by Labor Council leadership and their own internal investigation.
Asking for these processes to go forward concurrently is not an indication of “no faith.” The letter reflects the sense of urgency many of us feel when it comes to addressing allegations of harassment and sexual abuse, and protecting people against retaliation for speaking up in support of their colleagues.
Justice delayed is justice denied. Both the legal cases and the private investigations need to proceed.
If you were the judge in such a case how would you feel about “concurrent private processes”? Would you allow evidence produced in a private investigation to be introduced in your court? How would you assess whether there had been a proper cross-examination for example?
It is the job of a judge to protect everybody’s rights. That is what courts are for. Who protects our rights in a “private investigation”?
You say “Justice delayed is justice denied”. I think it is safer to wait for justice from a judge. I hope that never changes in America. Everything else is arbitrary justice.
….And do you think the local Democratic Party would be an attractive option for a newly energized woman (thanks, Trump), given its history of being weasels about this stuff?
Doug, that is a bit of a “when did you stop beating your wife” kind of question.
I have no opinion either about the recent history of the local Democratic Party or about its new leader, that is a matter for the Party alone.
Nor do I have an opinion as to Mickey Kasparian’s guilt or innocence. The only opinion that matters is that of a judge. That is what we must preserve.
Respectfully- in a democracy, public opinion has validity as well.
Have you heard of “Denim Day?” It’s based on a case of sexual assault. The original conviction was overturned by a judge. He ruled the woman could not have been raped because she was wearing tight denim jeans, and therefore must have “assisted” her assailant in removing them.
There is now a global movement of education about rape and sexual assault, in April, known as “Denim Day.” It seeks to dispel these myths that harm women and girls who seek justice in the courts.
So… yes, the courts matter, and so does the court of public opinion. And as long as we still have judges who think tight jeans protect women against rape, we need both the public and the courts to investigate cases of harassment, abuse, rape and sexual assault.
“And as long as we still have judges who think tight jeans protect women against rape, we need both the public and the courts to investigate cases of harassment, abuse, rape and sexual assault.”
Does this mean that you as a former legislator have only qualified trust in our court system? Do you think that because sometimes judges get it wrong we should set up alternative courts of public opinion? How do those work? Can you describe them?
Please feel free to research “Denim Day” for more examples of how the public has organized to change laws, and the investigations done by police and the courts in cases of assault, harassment, etc.
Related: in San Diego, there are nearly 3,000 untested DNA evidence kits in SDPD storage, collected as part of investigations into sexual assaults. The County also has about 600 kits in storage.
Of the thousands of cases reported locally, less than 10% are ultimately taken up in court. Fewer result in convictions. It’s not that the crimes aren’t being committed- but many women are reluctant to report and testify.
In fact- it has been the SDPD and Sheriff’s policy to not test these evidence kits when they “know” who the perpetrators are, ignoring the fact they may have assaulted others before finally being caught.
Other cities that have tested these “backlogged” kits have arrested and convicted people for additional crimes, ranging from robbery and assault to serial rapes, to serial murders.
All of which is to say: “Denim Day” advocacy has changed public opinion, and helped create federal DOJ funds that helped pay for testing of backlogged evidence in New York, Los Angeles, state of Virginia and elsewhere. Unfortunately- not yet in San Diego.
I’m not sure that “Denim Day” should be termed a “court” of public opinion but it most certainly is a worthy “focus” of public opinion, which I fully support.
I am not sure I get the connection with the current accusations against Mickey Kasparian. Is he being accused of rape?
I must confess I have not read the actual legal complaints. Could you or Doug please post links here? I think we owe it to all the parties to know exactly what is being alleged.
After reading the letter that some signed, I was struck by who didn’t sign. For example, if I am not mistaken, wasn’t Assemblywoman Lorena Gonzalez-Fletecher the labor leader before Mr. Kasparian? And wasn’t he her “heir apparent”? Where is her signature on this letter? I see her brother, Marco Gonzalez, signed, but not her.
I believe, especially in these days of “Trumpism” those of us who are Democrats should be even more careful about assigning blame until all of the facts are in. If we don’t, then we are doing exactly what the current President is doing, which is guilty until proven innocent. As much as I find the allegations against Mr. Kasparian disturbing, I find it even more disturbing to continue to have this trial by the media. And, that is what is happening, at least in my opinion. I am just an ordinary citizen. I do not have access to the Central Committee of the Democratic Party, nor the high profile of some of the signers. My opinion is based upon what I have read in the media only. I don’t know Mr. Kasperian personally. In fact, I have never met him. I have met a few of the people who have signed the letter, and I still come away feeling uncomfortable in the way this is being handled by influential people in the Democratic party. I still say innocent until proven guilty. But, these are strange times, so I guess if Mr. Kasparian’s name is repeated negatively over and over again, he will be found guilty long before these suits have their day in court.
Ms. Gonzalez-Fletcher has repeatedly explained that she cannot sign the letter because she is named in one of the lawsuits.
I must have missed the part where Assemblywoman Gonzalez-Fletcher said that. Could you please post that, Mr. Porter? Thank you.
Here she is saying it on Twitter. It’s been posted elsewhere, but this was the first one showing up in my search.
https://twitter.com/LorenaSGonzalez/status/827181156013527041
That makes twice in this timeline where you’ve implied that I’m bullshitting.
ad hominem: (of an argument or reaction) directed against a person rather than the position they are maintaining.
can we agree to disagree?
We can certainly agree to disagree Mr. Porter. I am sorry if you thought my comments were in any way disrespectful toward you personally. I don’t believe for one moment that you are bullshitting. Most of the time, I love reading your articles and actually post many of them on my own FB group and my own FB page.
I am just very concerned and confused. I see Assemblywoman Lorena Gonzalez-Fletcher’s twitter since you posted it. I am not on Twitter, so I had not seen these. Can you point me to a source that shows where she is named in the lawsuits? I am not an attorney, so some of it is difficult for me to understand. Again, I am terrible sorry if you thought I was personally attacking you. I think you are a fine journalist. I would like to read the actual lawsuits. I am hoping I can find them using Google, but if you have the link handy, it would save me some time. I can certainly understand if you would rather not engage with me any more.
Links to the legal filings and other documents are at the end of the article. That is all the information that is available for now.
Depositions are scheduled to begin Friday morning.
Lorri asked: “wasn’t Assemblywoman Lorena Gonzalez-Fletecher the labor leader before Mr. Kasparian?”
FYI- There are many “labor leaders” in San Diego, who represent workers in many different unions, trades, guilds, associations, etc., but the short answer to your question is: No.
The Assemblywoman worked as Secretary-Treasurer for the Labor Council before running for office. She was replaced by Richard Barrera, who also serves on the San Diego Unified School District board. He left and now works for UFCW, and was replaced by Dale Kelly Bankhead, who previously worked for Assemblywoman Toni Atkins before she became a state Senator.
As you can see: the Democratic Party and labor have many close ties.
Also, the UFCW and the Labor Council are two different, though related, entities.
Mickey Kasparian has worked for UFCW for many years, and is currently their President. He also serves on the Board of the Labor Council.
See https://www.unionyes.org for more information.
Hope that helps.
Thank you for the clarification Ms. Saldana. For whatever reason my computer will not let me link to the site you referenced. No problem, I think I get the general idea.
As I said to Mr. Porter, please accept my sincere apology if you, or others, think I am attempting to defend the behavior. I have been sexually harassed on numerous occasions before the laws were put into place. And, even though I am not a politician, I fought for those laws, along with a lot of women and men. I am old enough to have fought for Roe v. Wade, the ERA, the laws that allow the police to take away a man who is brutalizing his wife, even if she does not file a complaint. My first internship was at a Battered Women’s Shelter. I saw first hand what some men are capable of doing. I am no stranger to sexual harassment. Perhaps it is because of what I have seen, I want to make sure those laws stay in place. And, the more courts uphold these laws, the more difficult it will be to have them overturned in this new chapter of American history. At least I hope so.
A quick FYI- I was able to read the complaints. Thank you Mr. Porter for putting them in the article. I didn’t realize when I read the article that they were there. My fault.
This week I met with the women who have filed these lawsuits, and others who have experienced similar problems while working in the office at UFCW, but chose to leave rather than file complaints. It takes tremendous courage to make these allegations public, and I respect the difficult choices these women are making.
As former Chair of the Women’s Legislative Caucus, and as a current AFT member, I agreed to sign the letter to let all local Labor Council members know: I take these allegations seriously, and want the leadership to investigate independently of the court, and ensure all workers are being treated with respect and dignity on the job.
In addition to the specific cases of harassment and abuse, I was troubled to hear descriptions of working conditions in the office at UFCW that violate employee privacy, and also troubled by the lack of support these women received when they tried to resolve the problems internally, before filing this lawsuit.
I’ve been a union member in various jobs for over 30 years. When unions function well, they can protect and support their members- the “power in numbers” method for negotiating better working conditions, salary, benefits etc. for all. But when people elected to represent their colleagues use their positions in ways that is at best discriminatory, and at worse an abuse of power- they need to step down.
It appears that has happened at UFCW.
A public court battle is only one step to resolve these allegations. In addition, the leadership of the Labor Council needs to step up and conduct its own internal investigation. And until that happens, Mickey Kasparian needs to step aside and let this process proceed.
“A public court battle is only one step to resolve these allegations.” Then according to you as a lawmaker the courts are “only one step”? What are the others? Does an “internal investigation” for example take precedence over the courts?
See my detailed response above. Both investigations are warranted when this pattern of abuse and harassment is reported.
Pat- links to the relevant filings and documents are listed at the end of the article.
Thanks Lori. I missed them but will read them all thoroughly now, before I comment any more.
Lori, I have now read all the “relevant filings and documents listed at the end of the article”. I believe the best course for everybody concerned is to let a judge decide. That is the American way. Anybody facing such serious charges as have been brought against Mr. Kasparian deserves their day in court. How are we Democrats going to fight Trump’s growing disregard for the law if we ourselves are scofflaws?
Some of us spent many years of our lives fighting to get the courts to consider sexual complaints along with civil rights violations and to do it with some sense of history and justice. Those systems are in place and tho not perfect do serve teh public good as viable and just processes. I think we owe it to history and to those struggles to let those systems work. The complaints are filed. Let teh court hear them. Democrats and progressives just love, just love more and more to take a high moral ground perspective and cast teh firsts tone and cackle gleefully when they are able to exercise their power as judge and jury of wayward opinion. If you can get a crowd yelling loud enough you can rag the scoundrel out of office. It’s this behavior that has had as much to do with teh rise of a Trump as that which the right/conservatives use.
Stop it. Stop the witch hunts. Let justice prevail and use the legal system to address illegal behavior.
If you haven’t read the documents (links are in the story, right after signatures), I suggest you do so.
Assuming you have read the documents (& the accompanying articles), then you know that Kasparian has attacked his accusers and retaliated.
I started out with a great deal of reluctance to get involved in this issue. I see labor as a powerful ally and hoped they’d work it out amongst themselves. What I’ve seen on social media, read in the press, and heard from my friends in the labor movement has changed my mind. I’ve seen pettiness. I’ve seen arrogance. And I’ve seen a great deal of fear, the kind people have when they are afraid of being bullied.
Is the single mother who was sent to Utah and had to leave her kid behind to work in a position she has no experience at supposed to wait? how long?
If it were just a matter of a lawsuit (or even two) I’d be inclined to mind my own business.
If it weren’t for the fact that he controls money and has made it clear that he’ll wield it as a bludgeon, I’d say let’s let this play out.
If his behavior since this arose had not been so dismissive, and people aligned with him had not made numerous threats, I’d say it could wait.
If I hadn’t talked to people who say they’re afraid to come forward, I would not have a sense of urgency about this.
If it weren’t for the fact that we need to be circling the wagons right now in the face of Trumpism, I wouldn’t be so anxious.
If everybody threw in the towel tomorrow, do you think MK would work with any of them in the future? Based on his behavior, the answer is no.
I learned a lesson with the Bob Filner experience, namely that silence is not golden. I expect that he could have ridden it out longer if he’d wanted to, but I also saw the damage done to the very soul of the progressive movement in San Diego. I see all-too-often that many of Filner’s enablers have not learned from that experience.
I don’t expect or ask for perfection in leaders, but I do expect some level of integrity. I ain’t seeing it here. If that’s taking a high moral ground, then I plead guilty as charged.
Well said Doug. Thank you.
Thank you, Doug. You typed what I couldn’t.
BIG THUMBS UP! A basic level of integrity, indeed. How is it that people without integrity keep getting elected?
The mother you speak of is a union organizer, if I am not mistaken? Perhaps she was sent for just that reason. I don’t know, but I think playing both judge and jury in the press is exactly what we are seeing on a larger scale in the U.S, no matter which side of the fence you are on. That makes me sad in a country that is supposed to be governed by courts and juries. There is plenty of time to sort this out.
She’s sorting papers in Utah. Had no cold weather clothing. Once again, if it was just a lawsuit or two… but we’re talking about a discernable pattern of behavior.
Doug- I don’t answer to things I don’t know. Do you actually know what this person is doing on Utah? Did you go there and check? And, I don’t have clothes for some of the places I go to for my own profession. Yet I don’t sue. I don’t know Mr. Kasparian, and have never met him. There are lawsuits filed. Let the courts decide. I’m sure they are suing for a lot.
Read about the Utah banishment here: http://timesofsandiego.com/business/2017/01/31/ufcw-worker-utah-trip-is-punishment-for-crossing-boss-kasparian/
My response to anyone telling women to shut up and wait is simply, No.
I guess the days of innocent until proven guilty are gone? Court documents have been filed, and a judge will hear it. But, I guess that is just too difficult for those who feel they must judge.
What’s difficult for me is reading about cases of harassment and abuse and doing nothing.
Survivors often need support to stand up against bullies.
I joined with others and signed the letter to let these women know: they are not alone.
It is TRULY a shame, that in theses days and times, after we have SUPPOSEDLY learned and grown as a humanity issues like these continue. Where were his male peers, the leaders these ladies SHOULD have been able to go to for help? His peers who most likely knew, yet sat silent.
When will it end, will it ever end?
FYI, the people who were assigned to review internal complaints at UFCW (FAIR) were insisting one of the women meet – without her attorney- personally with the man she had accused of unfair treatment.
Attorney Dan Gilleon responded to this request, in a comment posted here: http://www.nbcsandiego.com/news/local/Labor-Leader-Mickey-Kasparian-Named-in-Two-Lawsuits-Some-Calling-for-Investigation-412635763.html
Once a person retains counsel, all communications related to the complaint need to go though their attorney. The representatives of FAIR must understand this, which suggests this request for a meeting is a simply way to delay the court process.
Justice delayed is justice denied. It’s also more expensive.
The leaders of the San Diego Labor Council owe it to the dues-paying members of UFCW to conduct an independent investigation, and make sure their funds are not being wasted to delay having these allegations heard in court.
Ms. Saldana – one does not wake up one day and decide women are objects. In my opinion, said subject displayed alleged tendencies LONG BEFORE he reached his leadership position. While I have been a life long Democrat (and life long equates to a very long time) I plan on changing my status to Independent – current politics and politicians have changed my views to a major extent. With the exception of Mr David Alvarez I am of the opinion many politicians in the South Bay (where I reside) have USED vs. SERVED.
Many talk the good talk when running then fail to walk the good walk.
Amen.