Did the city of Fresno racially discriminate, harass, and retaliate against two employees? Did a city supervisor use the \u201cN-word\u201d to describe a Black employee?<\/p>\n
Seven years after La-Kebbia \u201cKiki\u201d Wilson and Charles Smith filed a lawsuit against the city, they are finally having their day in court.<\/p>\n
With an eight-member jury seated \u2014 four men and four women, including one Black and one Asian member \u2014 the parties made opening statements Tuesday in federal court before Judge Kirk E. Sherriff at the downtown Fresno courthouse.<\/p>\n
In the lawsuit, Wilson detailed a long list of grievances during her time working for the city that she said were racially motivated. Smith said he heard a supervisor make a racially disparaging remark about Wilson. When he objected, he said he was punished.<\/p>\n
The Fresno City Employees Association is funding the lawsuit, business manager Sam Frank said. The union has spent $1 million so far. Frank said it is because Wilson was a union member when the alleged discrimination occurred.<\/p>\n
The city has denied Wilson and Smith\u2019s allegations.<\/p>\n
Trial Finally Starts<\/p>\n
Wilson and Smith filed the 107-page complaint in state court in 2019. After delays caused by the pandemic, pretrial motions, discovery and a judge shortage, the trial began Tuesday.<\/p>\n
Wilson, who is Black, started with the city\u2019s code enforcement department in 2004. She settled a racial discrimination lawsuit against the city in 2012. She was terminated in 2022 for reasons not at issue in the trial.<\/p>\n
Smith, who is white, said he quit after being assigned to the \u201ctire team\u201d \u2014 retrieving abandoned tires throughout the city \u2014 as punishment for complaining about being caught in the middle of a feud between Wilson and supervisor Howard Lacy.<\/p>\n
Gary Goyette, a Sacramento-based attorney representing Wilson and Smith, said the city moved the case to federal court because it involves federal discrimination claims.<\/p>\n
Wilson was one of several employees laid off in 2013. When she returned in 2016, she said she was given the worst equipment, the worst office space and the worst truck, and she suspected her race played a role.<\/p>\n
She had to fight the city to be deemed qualified for a promotion, Kevin Schwin, a Fresno-based attorney, said during opening statements for the plaintiffs.<\/p>\n
Wilson filed a complaint with Jennifer Clark, the head of the planning department, which controlled code enforcement division at the time. Clark still works for the city, but code enforcement is now under the city attorney\u2019s supervision.<\/p>\n
Schwin told the jury a city investigation found no wrongdoing. Lacy also complained to the city about being falsely accused by Wilson.<\/p>\n
Smith joined the department full time in 2018 \u2014 he had previously worked part time \u2014 and sensed tension between his supervisor, Lacy, and Wilson.<\/p>\n
Lacy told Smith to stay away from Wilson \u201cbecause she\u2019s a no-good piece of s\u2014,\u201d was lazy and got her job back because she \u201cplayed the race card.\u201d<\/p>\n
Smith said Lacy scolded him over allegations that he met with Wilson during a training session.<\/p>\n
Lacy still works for the city, Goyette said. The City Attorney\u2019s Office declined to comment on Lacy\u2019s status, but a City Hall source confirmed he remains employed by the city.<\/p>\n
Lacy\u2019s city phone number and email account were active as of Wednesday.<\/p>\n
Use of the \u2018N-Word\u2019<\/p>\n
The most egregious allegation arose during an inspection conducted in the field by Lacy and Smith.<\/p>\n
After inspecting the home of a Black family according to court filings and the opening statement, Lacy told Smith, \u201cSee, I\u2019m not a racist. Kiki wants to say that I\u2019m a racist, but I\u2019m not.\u201d<\/p>\n
\u201cKiki is an entitled n\u2014-,\u201d Lacy allegedly told Smith, pointing out he used the version of the word ending in \u201ca\u201d instead of \u201cer.\u201d<\/p>\n
Smith told Lacy he did not want to be in the middle of issues between him and Wilson.<\/p>\n
In a deposition, when asked whether he used the \u201cN-word\u201d or recalled the conversation with Smith, Lacy answered \u201cno\u201d several times.<\/p>\n
After that incident and a billing mishap involving another city employee named Smith, Smith was transferred to the less desirable tire team in what he alleges was retaliation for objecting to the use of the racial slur.<\/p>\n
Smith quit rather than work on the tire team. On his way out, he asked Wilson to call him on his personal cellphone. During their conversation, Smith informed Wilson about Lacy\u2019s alleged slur. Smith and Wilson did not know each other well before the phone call.<\/p>\n
In court filings, the city said Smith never filed a complaint about hearing the alleged slur and laughed it off. He was also a probationary employee when he quit. Assignment to the tire team \u201cis not an adverse employment action,\u201d the city said, and the was made by another supervisor, Timothy Burns.<\/p>\n
Schwin also told the jury that Smith sent a profanity-laced, drunkenly composed email to Burns after he quit. The city has not rehired Smith, even though he applied again to the city.<\/p>\n
Another Investigation<\/p>\n
Upon hearing about the alleged racial slur, Wilson allegedly let out a profane outburst in public \u2014 a violation of the city\u2019s professionalism policy, Schwin told the jury.<\/p>\n
Wilson also told then-Mayor Lee Brand about the alleged slur. Brand said Lacy should be fired, according to the complaint.<\/p>\n
The city hired an independent investigator, Dallas Selling, to review the allegations.<\/p>\n
Goyette, speaking to GV Wire, criticized the investigation.<\/p>\n
\u201cThey hired a family law attorney as the outside investigator, who had never done an investigation in her life,\u201d Goyette said. He called the findings deficient and biased.<\/p>\n
Goyette accused the city of ordering Selling to investigate Wilson\u2019s demeanor.<\/p>\n
Schwin told the jury that while the investigation showed Lacy practiced \u201cfavoritism,\u201d he did not violate anti-discrimination policies, and should be subject to a reprimand. Additionally, the report recommended Wilson be fired and Smith not be rehired.<\/p>\n
Wilson received a three-day suspension.<\/p>\n
Lacy also filed a lawsuit against the city in 2019, accusing Wilson of causing \u201cracially motivated conflict.\u201d He claimed Wilson made \u201cseveral unwarranted and meritless\u201d complaints of racism against him.<\/p>\n
A judge granted the city\u2019s motion to strike the complaint.<\/p>\n
Potential Witnesses<\/p>\n
Former City Attorney Doug Sloan was slated to be the first witness Tuesday afternoon. Several city employees, including Clark and former HR Director Jeff Cardell, were also mentioned as potential witnesses, along with Wilson, Smith and Lacy.<\/p>\n
The trial is expected to last three weeks.<\/p>\n
Mandy Jeffcoach and Devon McTeer with the Fresno firm Whitney, Thompson & Jeffcoach are representing the city.<\/p>\n
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