San Diego MTS board launches independent probe into sexual misconduct allegations against former chair

Elected officials overseeing the San Diego Metropolitan Transit System announced Thursday they’re launching an independent investigation into legal allegations by a former employee that she was sexually assaulted by county Supervisor Nathan Fletcher and then improperly fired by the agency.

The oversight panel also directed MTS staff not to provide any legal defense for Fletcher, who recently stepped down as the agency’s board chair.

The move comes as MTS staff prepare their legal defense against the lawsuit, which was filed in late March by former public relations officer Grecia Figueroa. The plaintiff is seeking compensation for lost wages, attorney fees and emotional distress.

Board members overseeing the agency said they voted in a closed-session hearing on Thursday to pursue their own probe in the spirit of transparency. The legal case may reach a confidential settlement agreement before it goes to trial.

“It’s the board’s intent that the findings of the investigation will be made public,” San Diego City Councilmember Stephen Whitburn, who replaced Fletcher as the acting MTS board chair, told reporters after the private meeting.

MTS staff declined to comment for this story but have previously said the termination was unrelated to the allegations against Fletcher.

Whitburn added that the agency would provide no legal support to the accused supervisor.

“The board has also instructed counsel to reject any requests to indemnify or defend Nathan Fletcher,” he said. “Mr. Fletcher failed to act in good faith and in a manner reasonably believed to be in the best interest of MTS.”

The agency’s statement and decision to mount a separate defense against a former employee’s sexual misconduct and retaliation lawsuit come as Fletcher faces growing calls — including from fellow elected Democrats — to resign as county supervisor immediately, not May 15 as he had planned.

On Thursday, San Diego City Councilmember Vivian Moreno became the first elected Democrat to issue such a call. “His misconduct has revealed that he is not fit to represent San Diegans in an elected role,” she said in a statement.

Imperial Beach Mayor Paloma Aguirre and Carlsbad City Councilmember Priya Bhat-Patel, both Democrats, echoed her message.

County Supervisor Terra Lawson-Remer, a Democrat, said Thursday night that she would welcome Fletcher’s immediate resignation, after their Republican board colleague Jim Desmond had called for it earlier this week.

It’s unclear exactly what Whitburn and others hope to uncover with their investigation. However, there could be mistrust festering between the agency and its governing body.

The Union-Tribune recently obtained documents showing that Figueroa’s lawyer contacted MTS about “unlawful employment practices” as early as Feb. 17, the week after she was fired. But the agency didn’t make any public statements on the issue until news of the lawsuit broke in late March.

“The board did not know until the lawsuit was filed about the allegations that were in the lawsuit,” Whitburn told reporters.

“That is one of the reasons why the board of directors has decided to secure outside counsel to conduct an official and thorough investigation, report directly back to the board, so that we can evaluate the circumstance, the facts and address them appropriately,” he added.

Former San Diego City Attorney Jan Goldsmith, who investigated sexual harassment allegations against former Mayor Bob Filner, said the board’s move was commendable, while remaining circumspect.

“It’s a good thing they conduct an investigation,” he told the Union-Tribune, “but I wouldn’t speculate about, one way or another, how it came about that she was fired.

“There may have been other basis for the termination,” he added, “but it also could be there was some sort of collusion going on. That’s why it’s a good thing there’s an investigation.”

Figueroa was relentlessly pursued by Fletcher, according to her lawsuit. On at least two occasions, he pulled her into a conference room at MTS headquarters in downtown San Diego in an attempt to kiss and grope her, the lawsuit states. They also allegedly met for a late-night tryst in the stairwell of a hotel where the supervisor was staying with his wife and children.

Fletcher maintains the relationship was consensual, saying in a statement: “I have not done the things they are alleging, but I did violate the basic trust and loyalty of my marriage and set a terrible example for our children.”

The lawsuit alleges that MTS staff and members of its board had likely become aware of the situation. The complaint says Fletcher routinely texted and smirked at Figueroa during public hearings with his phone in plain sight of MTS CEO Sharon Cooney and San Diego City Council President Sean Elo-Rivera, who is also an MTS board member.

Elo-Rivera denied on Thursday having any knowledge of Fletcher’s behavior: “I had no idea what was going on. I’m pissed, and I’m disappointed.”

Fletcher — who launched a bid for state Senate the same day Figueroa was fired — is now reportedly in treatment for alcohol abuse and post-traumatic stress linked to his time in the military.

Union-Tribune staff writer Jeff McDonald contributed to this report.