Mayor Her investigation report released: Boundaries crossed, but retaliation claims unsubstantiated

ST. PAUL, Minn. (FOX 9) - An investigation report on sexual harassment allegations against St. Paul Mayor Her was released a week after St. Paul Police Chief Axel Henry filed a civil lawsuit claiming she touched him inappropriately and that he experienced retaliation for reporting it. 

The heavily redacted document supports much of what the police chief claims about the mayor's workplace behavior, but does not corroborate allegations of retaliation or efforts to cast doubt on his motives. 

READ MORE: St. Paul police chief sues Mayor Her over sexual harassment claims

Investigation report and police chief lawsuit: What are the differences?

Dig deeper:

The investigation report, compiled by Resolute Law LLC, corroborates several points alleged in the police chief's civil suit. 

The report concluded that the mayor acted inappropriately based on behavior that was documented by Chief Henry, including:

• Comments about "beefy" officers at the gym made when she visited during early-morning workouts
• A meeting at Sweeney's Saloon where the mayor discussed whether she and the police chief would be "friends"
• Sharing a "weiner Wednesday" meme where she discussed giving someone "a good weinering"
• Touching the chief's thigh, which the investigation did not deem as sexual, but concluded it was unwelcome
• Comments about her breasts to women employees
• Contentious disputes over her assigned driver from the St. Paul Police Department

Many of the claims made in the lawsuit are not mentioned in the investigation report, such as:

• The mayor running a coordinated media effort to discredit the police chief
• Motives to portray Henry as angry about budget disputes instead of harassment
• Retaliation from the mayor or interference in the chief's authority
• The Sweeney's meeting was framed as a "date"

READ MORE: Mayor Her investigation: Actions were 'offensive and inappropriate,' but not sexual harassment

Retaliation or administrative disagreement?

Driver dispute:

Both the report and the civil lawsuit show disagreements over the mayor's driver, who is an officer with the St. Paul Police Department.

The report mentions the City paying "$800 to $1,200 per week unnecessarily in overtime" and lengthy discussion about having an assigned driver accompany Her out of state.

The investigation report cited several instances where the driver issue was discussed, characterizing it as a "significant point of contention." One witness said Mayor Her used the driver more than any other mayor, but the report did not cite any formal cost finding.

St. Paul police confirmed the department is no longer providing a driver for the mayor as of Sept. 8.

READ MORE: St. Paul Mayor Kaohly Her drops St. Paul PD from her security detail

The change came 10 days before Mayor Her released HR investigative findings that found sexual harassment and retaliation claims brought against her were unsubstantiated. 

The report did deem Mayor Her's conduct as "offensive and inappropriate," but did not classify it as sexual harassment. 

Awkward comments, uncomfortable environments

Workplace boundary issues:

The report also provides more details on the mayor placing altered images with the faces of St. Paul police officers on the bodies of UFC fighters and boy bands. It found that Mayor Her's testimony that officers didn't know it was her who put up the photographs as "not credible." 

When an unnamed witness discovered the mayor placing her own headshot over the framed photos of police officers, the witness stopped Mayor Her, according to the report. 

The civil suit claims multiple witnesses substantiated Mayor Her making sexual noises in the gym, but the report did not substantiate those claims. It also notes that "had a man been grunting in the gym, it is unlikely he would have been accused of making ‘orgasmic’ noises."

Another incident is classified as a "close call" in the report, when Mayor Her allegedly engaged in "offensive and inappropriate behavior" with two women city employees.

The report states "it is more likely than not that the discussion about women's changing bodies included a discussion about Mayor Her's breasts" and that an employee reported she was uncomfortable. 

Retaliation claims not substantiated

Budget and personnel disputes:

The police chief said in both his civil suit and the investigation report that the Minnesota Public Employees Retirement Association (PERA) told him that the City of St. Paul made back pay payments incorrectly, which would negatively impact the police department's pensions. 

Chief Henry felt this was retaliation for him not accepting the mayor's advances, but the report says this was not substantiated because there is no evidence that Mayor Her had control over how the department's pay increase would contribute to their pensions. 

The report also states that Mayor Her asked every city department to make budget cuts, not just police. 

Mayor Her also claimed she experienced retaliation when police leadership tried to change her driver and security detail schedule.

The report disputes this by pointing out the aforementioned budget challenges and the two-shift model solution offered by police leadership. 

St. PaulKaohly HerSt. Paul Police Department