Exclusive: Why was SLO County’s top administrator fired? For touching and messages

San Luis Obispo County’s top administrator was abruptly fired this month after multiple women reported “uncomfortable touching” and messages, The Tribune has learned after reviewing emails, text messages and reports released following a Public Records Act Request.

On Nov. 17, the San Luis Obispo County Board of Supervisors voted unanimously to terminate the contract of interim County Administrative Officer John Nilon immediately after reviewing the evidence during a closed session meeting, according to county counsel Rita Neal.

“As the highest official of the county, he needed to be cognizant of his role and the power that he had, and he needed to be held to a very high standard,” Supervisor Dawn Ortiz-Legg told The Tribune on Thursday.

While the Board of Supervisors determined that Nilon violated the county’s policy against discrimination and harassment, Nilon disagreed.

“While far from perfect and perhaps somewhat old school, I believe my behavior has not violated the county’s policy,” Nilon wrote in a statement to The Tribune on Tuesday.

Nilon touched two employees on the back

The Board of Supervisors hired Nilon on May 1 as the interim county administrative officer after Wade Horton resigned from his position in March.

Just days later, an employee reported to a supervisor that Nilon “place(d) a hand on her low back and leaned down into her space and had conversation about what they were going to eat” on May 4, according to an email released to The Tribune.

Later that day, Nilon “place(d) his hand on her back again and bending down into her space, asked her about her book. It made her a little uncomfortable and she leaned away slightly, but continued to be pleasant,” the email said.

When asked, a different employee told county officials that Nilon had placed his hand on her upper back a separate time, according to the email.

A county official then informed Nilon that “the workplace is sensitive to touching” and that he should not touch other staff members, a May 5 email said.

Nilon told the official that he was not aware he was touching the employees and thanked the official for informing him, according to the May 5 email.

Nilon completed a harassment prevention training for California employees on June 26, according to his certificate of completion obtained by The Tribune.

Nilon told a story about testicles, asked employee for a selfie

Several employees also reported uncomfortable conversations with Nilon, according to a document released to The Tribune.

Nilon called one women in the office “young lady,” according to the county document.

“For example, if (redacted) had to walk to a meeting together he’d say, ‘Are you ready, young lady?’ He also, makes this comment often and excitedly, ‘There she issss!’ when certain females walk into his office. He has continued to do this, but no one has ever complained,” the document said.

On May 31, Nilon shared a story with a group of employees about his son’s first medical examination.

“He said, ‘I had a little boy that was about 4 years old. We took him to the doctor for an exam. At that age the doctor examined his testicles. After the exam, my son said to me ‘Dad, what just happened?’” the document said. “It was so awkward hearing a story about his son’s testicles.”

In a statement to The Tribune, Nilon defended his decision to tell what he called “a cute family story,” noting that he asked permission before sharing it.

On Aug. 21, Nilon used his SLO County email to send a message to a non-SLO County employee that read:

“So thoughtful and kind of you to provide such a lovely bag of goodies and sweet note! You are keenly aware of my soft spot. ... I’ll have to keep my eye out to discover yours. ... Again, big thank you.”

Nilon told The Tribune that he sent the email after the individual gave him a gift bag of Cal Poly beef sticks.

“Clearly, my soft spot reference is my snack preference of beef sticks, and my intent of the comment was to learn the other person’s snack preference,” Nilon wrote in his statement. “In doing some research I have found no other use of the term ‘soft spot’ other than as a descriptor of something liked or a weakness. This term is in current use. To imply a different meaning goes against the context of its use and the defined meaning of the word.”

Meanwhile, in an undated text message, Nilon wrote: “I keep reflecting on an outstanding visit yesterday. The immediate connection was remarkable. Also, I plan on submitting an employment application but want to be solely compensated with Beef Snack Sticks!”

Nilon later requested a selfie from an employee on Aug. 28 at about 9 p.m., and offered his personal phone number the following day.

According to county counsel Rita Neal, the conversations revealed in the documents were not isolated incidents.

“Each of the incidents listed in the documents you requested are only snapshots of a series of interactions between the women and Mr. Nilon,” Neal wrote in an email to The Tribune. “The discomfort the women felt when they received the emails and text messages included in the records were amplified by comments Nilon made to them in face-to-face conversations, and touching them in a way that made them feel uncomfortable.”

“It becomes a very clear pattern of improper behavior,” Neal added.

Nilon accused of harassment at previous job

The complaints in San Luis Obispo County government aren’t the first Nilon has faced in his career.

From April 2016 to June 2019, Nilon served on the California State University Board of Trustees, according to his LinkedIn profile.

In 2018, an individual who worked with Nilon reported “uncomfortable” interactions with him, according to a CSU document.

Nilon “touched (the individual’s) arm in a way that made (them) feel uncomfortable,” the document said. “After the event, (Nilon) sent a text message that (the individual) felt was inappropriate.”

The individual confronted Nilon the next day, and he responded with comments about the individual’s appearance that “made (them) more uncomfortable,” the document said.

Nilon also sent a text message and emails after the confrontation that concerned the individual, according to the document.

“None of the written or oral communications included explicit sexual advances or requests for sexual favors,” the document said.

On Aug. 8, 2018, when the individual asked Nilon how he got banned from YouTube, Nilon replied, “Just the adult sites,” according to a document released to The Tribune by the CSU.

On Aug. 16, 2018, Nilon then called the individual “bad girl” in a text message, according to a CSU document.

The individual reported the incidents to a supervisor, who informed Human Resources. The individual, Nilon and the senior director of HR Services met to discuss the incidents on Oct. 5, 2018, as part of the early resolution process.

Nilon apologized in the meeting and agreed to correct his behavior, according to the document.

In an email to the Board of Supervisors released to The Tribune, Nilon said he continued to work amicably with the individual until he resigned from his position due to a cancer diagnosis. He later recovered from the illness.

Ortiz-Legg said that Nilon should have learned what behavior is inappropriate in the workplace through his experience at the CSU.

“No matter how many years ago that was, those lessons should still apply,” Ortiz-Legg said.

Nilon declined to comment on this incident to The Tribune.

SLO County supervisors fire Nilon, encourage staff to report harassment

After receiving complaints from staff, county officials questioned Nilon on Nov. 15 about alleged violations of the county’s policy against discrimination and harassment, according to county documents.

Nilon resigned later that day, agreeing to work for another 30 days as required by his employment agreement, according to his letter of resignation.

Two days later, in an email to the Board of Supervisors at 8:30 a.m. on Nov. 17, Nilon offered to resign immediately and sign a nondisclosure agreement.

On the afternoon of Nov. 17, the board reviewed the evidence and decided to terminate Nilon’s contract immediately for violating his employment agreement and the county’s policy against discrimination and harassment.

Employees do not have to violate the law to violate the policy.

“Because the County seeks to prevent any form of sexual harassment, behavior such as unnecessary touching, sexual remarks or joking which may lead to illegal sexual harassment is a violation of this policy and shall also be basis for discipline,” the policy says.

Ortiz-Legg said Nilon appeared to have ulterior motives.

“It feels like it was a fishing expedition: Throw out a hook and see what you can catch, but done in the most subtle manner,” Ortiz-Legg said, referring to his behavior.

As interim county administrative officer, Nilon was responsible for leading all of the county’s employees and creating a positive work environment, according to Ortiz-Legg.

“People might say, ‘Oh, it doesn’t seem like it was much.’ But if there’s one individual that’s uncomfortable, then that’s enough,” Ortiz-Legg said. “If any employee at any level had a sense of being uncomfortable with him, then that type of leadership just has to be called out so it doesn’t happen in another place.”

The board acted quickly in order to signal to county staff that inappropriate behavior would not be tolerated in the workplace, she said.

Ortiz-Legg encouraged county staff to report harassment whenever it occurs.

“There has to be an environment where people are comfortable and not feel threatened,” Ortiz-Legg said. “We care very much about our employees and our partners, and I feel that we acted as quickly as we could.”

Nilon said he never received copies of the complaint

On Nov. 9, Supervisor John Peschong, Neal, and Human Resources Director Tami Douglas-Schatz told Nilon that he was being investigated but did not share the reason for the investigation.

On Nov. 14, Neal and Douglas-Schatz sent Nilon an invitation to a Zoom meeting to discuss the complaints.

“I asked for copies of the complaints in advance of the meeting and was told by county counsel that there were no written complaints. I asked for transcripts of the verbal complaints in advance of the meeting and was told by county counsel that I wasn’t entitled to that information,” Nilon said in his statement.

On Nov. 15, Neal and Douglas-Schatz questioned Nilon about the complaints over Zoom.

“At that meeting and after concluding that I would not work for an organization that would not afford me sufficient due process to defend myself from unknown allegations, I told county counsel that I tender my immediate resignation,” Nilon said.

Before the closed session meeting, Nilon said, county counsel would not inform him what the “alleged violations of policy were, refused to show me the complaints, and refused to provide me with the opportunity to have the appropriate time to research a response and/or form a defense against the allegations.”

He chose to hold the meeting in closed session.

Nilon still hasn’t received a “list of the alleged violations of rule or policy,” he wrote.

Neal explained in an email to Nilon that the county was not legally required to share written complaints or a list of violations.