Investigation of Rochester council member's censure nearing completion

Jun. 8—ROCHESTER — A city-funded investigation into discrimination allegations related to the

March 6 censure of Rochester City Council member Molly Dennis

could be completed this week.

The

city hired St. Paul-based Ratwik, Roszak & Maloney law firm in March

, and City Attorney Michael Spindler-Krage said efforts by investigator Ann Goering appear to be wrapping up.

"What was related to me is she indicated we should have it in the next few days," he said.

The investigation was spurred by Dennis' claims that the censure, which cited concerns about her actions during times of disagreement, excessive use of staff time and interactions with staff, stems from criticisms linked to her ADHD disability and the restrictions connected to action limit communication options to those that work against her disability.

"Many hidden disabilities impact the way information is processed and how someone is able to communicate, it is not a choice that many have brains that work differently," she said, adding that she's also filed a federal complaint regarding alleged discrimination.

Spindler-Krage said it's unclear when the findings of the investigation will be public, since the original document is likely to include private data.

"We are encouraging that a redacted version be supplied to us as quickly as possible, but I don't know exactly how this is going to come to us and how soon there will be a public version," he said.

Dennis has asked Goering to provide her a copy of the report as soon as it's sent to the city, stating she has heard "rumors that your law firm is hired by the city as their personal 'defense attorney.'"

"It was advertised publicly to hundreds of thousands of residents that this investigation is 100% neutral, so I would like to be ensured that all evidence is also made open to the public," she wrote in a May 23 email.

Spindler-Krage said it's unclear when the report will be sent to council members.

"It's fair to say this is going to be complicated as to how it is distributed, because there is significant nuance related to what is public versus private," he said, adding that he has not had any conversations with Goering about what the report will contain or how it will be presented.

"We will see what develops in the next day or two," he said.

Meanwhile, Dennis said she filed a complaint with the U.S. Equal Opportunity Commission last week, citing a desire to seek an opinion from an investigator not hired by the city.

"I didn't have any say in it," she said of hiring the St. Paul law firm.

Spindler-Krage said the city is aware of the complaint and will respond through an attorney provided by the League of Minnesota Cities Insurance Trust.

Details of the complaint are not available through the federal agency unless an investigation leads to a lawsuit, according to Victor Chen, director of communications for the agency, which also notes acceptance of complaint does not indicate agreement with the allegations.

"The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law," the

agency's website

states. "Our role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If we find that discrimination has occurred, we will try to settle the charge. If we aren't successful, we have the authority to file a lawsuit to protect the rights of individuals and the interests of the public and litigate a small percentage of these cases."