For the second time this year, San Benito County is being sued
for allegations that one of its employees has been sexually
harassing a female subordinate.
Hollister – For the second time this year, San Benito County is being sued for allegations that one of its employees has been sexually harassing a female subordinate.
Deborah Martinez, a Council of San Benito County Governments (COG) employee, has accused Executive Director Tom Quigley of making repeated advances and inappropriate comments towards her over the past year.
She also claims in her lawsuit she has complained about Quigley’s behavior on several occasions to county representatives, but was retaliated against by Quigley, her supervisor, for reporting him. Quigley did not return phone calls Monday.
The suit alleges Quigley invited Martinez to his home, out to breakfast, and on a trip to San Francisco. It also says Quigley displayed jealous behavior when introduced to Martinez’s boyfriend, and once drove by the boyfriend’s house yelling obscenities. Martinez also alleges in the suit that Quigley invited her to move in with him and promised her a car if she agreed.
Martinez is suing the county because COG is a separate “entity” but is still part of the county, according to her attorney, Bill Marder. By law one can’t sue the smaller entity, but must sue the county as a whole, Marder said.
Marder said Martinez is seeking damages for emotional distress from the county, but is suing Quigley himself for punitive damages. This would include any wages and promotions Martinez lost due to the alleged harassment, he said.
The county would not pay for any damages won by Martinez from Quigley.
“You can’t seek those from the county; it’s in the Constitution,” Marder said.
The suit, which Martinez filed on Nov. 5, does not have a court date set, but is scheduled for a case management conference on March 3, according to Deputy County Counsel Darren Bogie, who will represent the county.
“This is where a map of the trial, if you will, gets established,” Bogie said of the case management conference.
Because the suit was filed by an individual, COG board member Tony LoBue said he was unable to comment on its details.
“It’s inappropriate for us to comment at this time due to the fact that it’s a legal matter and it’s a personnel matter. This is something that should probably be discussed in closed session,” said LoBue.
In the lawsuit, Martinez accuses Quigley of sexual harassment and of punishing her for reporting him. It contains a long and detailed list of retaliations Quigley allegedly took against Martinez after she reported his actions.
Martinez alleges Quigley banned her from meetings, revoked her title as COG Safety Director, and yelled at her in his office for extended periods of time after she complained to her Union Representative and the Director of Human Resources for San Benito County.
Human Resources Director Liz Brown could not be reached for comment Monday.
COG is a regional transportation advisory board made up of elected officials from Hollister, San Juan Bautista, and San Benito County. Quigley’s position, Executive Director, is appointed.
Bogie said as far as he knows both Martinez and Quigley are still working at COG, but he could not comment further on the case.
“This is a personnel matter, and so for the privacy rights of the employee involved, I’m not going to say anything about the specifics of the case,” Bogie said Monday. “Right now we’re just evaluating the case, and we’ll respond appropriately.”
It is still unclear who would be paying the county’s legal fees if the suit does go to court. While COG does receive money from the county, it is also funded by the state, according to County Supervisor Reb Monaco. Therefore, he said, it would be difficult at this time to say whether the suit will cost the county taxpayers or how much.
Martinez’s attorney, Marder, was also the attorney for the two women who filed a sexual harassment lawsuit against District Attorney John Sarsfield in August. In the suit, two women working in the District Attorney’s office alleged Sarsfield was having an affair with another female employee and gave her preferential treatment, creating a hostile work environment for other women in the office.
Jessica Quandt is a staff writer for the Free Lance. Reach her at 831-637-5566 ext. 330 or at jq*****@fr***********.com.
