Deputy D.A.’s Firing Should Stand, Hearing Officer Urges : Employment: Colette Facio says her dismissal resulted from sexual harassment by her supervisor. The Civil Service Commission is to act on July 22.

The firing of a deputy district attorney should be upheld because the action was based on poor job performance and had nothing to do with her claim that she was sexually harassed by her supervisor, a County Civil Service Commission hearing officer has recommended.

Former Deputy Dist. Atty. Colette Facio claimed she was fired in January, 1991, from her job in the Van Nuys branch of the district attorney’s office as a result of sexual harassment by her then-supervisor, Deputy Dist. Atty. Andrew W. Diamond. Diamond called the accusations “hogwash.” According to her termination letter, Facio was fired on grounds of unprofessional conduct and incompetence.

The Civil Service Commission is scheduled to announce its tentative decision on July 22 to either sustain or reject the recommendation of hearing officer Leonard S. Kimmell.

In his 35-page report, Kimmell found that Facio was properly fired. He did not state a conclusion on whether she was sexually harassed.

“I do not believe that Facio has established by solid physiological evidence the necessary connection between sexual harassment on the job and inability to perform her legal duties,” Kimmell said in the report. “I consider it unnecessary to resolve the issue of whether or not sexual harassment actually occurred in this case. In my view, it would not change the conclusion that the district attorney had just and proper cause to discharge Facio. . . .”

After the commission announces its preliminary decision, both sides will have up to 15 days to file written objections. If objections are filed, the commission would then set another hearing to announce its final decision.

Neither Facio nor her attorney, James B. Leary, could be reached for comment Monday.

Deputy Dist. Atty. David Dahle of the office’s employee relations division said he is delighted with the hearing officer’s recommendation.

“It was the appropriate position from the outset,” Dahle said. “We were confident that there was no evidence to support her claims of discrimination or sexual harassment.”

“It’s gratifying to be vindicated,” said Diamond.

The district attorney’s office said in a termination letter that Facio was fired after six judges complained about her courtroom behavior and because of unexplained absences, abusive behavior toward clerks, failure to prepare cases, shouting and arguing with bailiffs and mistreatment of witnesses.

But during the civil service hearing--which began in May, 1991, but did not conclude until last month because of several delays--Facio disputed many of the charges, claiming that she had trouble doing her job because she had been traumatized by sexual harassment.

Facio claimed that when Diamond was her supervisor in 1988 and 1989, he pressured her to have sex with him, and often made crude gestures and remarks.

Dist. Atty. Ira Reiner, Facio claims, ignored her complaints. A spokeswoman for Reiner said Facio’s charges were investigated and found to be baseless.

Facio also has filed a civil suit against the county making the same allegations. Kevin C. Brazile, senior deputy county counsel, said the case is pending. A motion to dismiss the case is scheduled to be heard on July 29.