LEGISLATURE

Top 10 things we learned from the Don Shooter sexual-harassment files

The Republic | azcentral.com

Rep. Don Shooter drops his microphone after giving a statement during a vote on whether to remove him from office on Feb. 1, 2018, at the Arizona House of Representatives chambers in Phoenix.

On Friday, the Arizona House of Representatives released never-before-seen records from its sexual-misconduct investigation involving former Rep. Don Shooter, R-Yuma, who was expelled after the investigation, and Rep. Michelle Ugenti-Rita, R-Scottsdale.

Here are the top 10 things we learned from the 340 pages:

10. Shooter's defense included character witnesses

In a Dec. 20 email to the House investigator, Shooter's attorney wrote that four current lawmakers and one former lawmaker "can confirm that it was not unusual for Representative Shooter to show up unannounced for social purposes, including with beer, and without any sexual intent, at various events."

The lawmakers, all Republicans, were: Sen. Karen Fann and former Sen. Carlyle Begay and Reps. Regina Cobb, Todd Clodfelter and David Cook.

9. Shooter tried to show Ugenti-Rita was comfortable with him

In the same Dec. 20 email with the list of names, Shooter's attorney attached a photo of a legislative video that featured Ugenti-Rita.

According to the email, the Feb. 21, 2017, video showed Ugenti-Rita wearing Shooter's suit jacket — it was draped over her shoulders — and would presumably attempt to illustrate a friendly relationship between the two.

"There does not appear to be video of her receiving or returning the jacket, but it is Representative Shooter's," the attorney wrote. "He offered it to Representative Ugenti-Rita when she volunteered that she was cold and she willingly accepted it from him."

On Jan. 10 and Jan. 11, Shooter's attorney emailed the House investigator to ask that he contact former Rep. David Stevens who could attest to the "friendly and social relationship" between Shooter and Ugenti-Rita in 2011.

That's the same year as a journal entry where she describes "awkward" and "weird" encounters with Shooter. That entry was released with the records Friday.

Shooter's attorney also asks investigators to contact former House Speaker David Gowan for the same purpose.

8. Shooter worried about the security of his personal email account

A Nov. 16 email from Shooter's attorney that copied the House investigator said his legislative email and his private Gmail account "may be being accessed without his permission and without proper authorization by persons at the Legislature. I would appreciate it if you or the appropriate persons would look into that, correct it immediately, and confirm to me that you have done so."

Shooter's private email contained private and privileged information, his attorney wrote.

It is unclear how the investigator and the House responded to the issue, but a time was set up to discuss the matter.

EXPELLED: House expels Shooter, citing harassment

7. Accusers and witnesses went to great lengths to recall details about their stories

At least seven diagrams were hand drawn on lined paper to re-create the physical surroundings during their encounters — or witnessed encounters — with Shooter. Those diagrams included details of patios, the House of Representatives' floor, a bar, benches and a window.

6. Don Shooter fancies Kenny Chesney

When Shooter left Ugenti-Rita a bottle of tequila in her office, he scribbled a message on a Christmas card: "Know you Like Tequila, There is a song about 'You and Tequila' by Kenny Chesney. Have a Merry Christmas!"

That song includes these lyrics: "Cause you and tequila make me crazy. Run like poison in my blood. One more night could kill me, baby. One is one too many, one more is never enough."

5. No notes were included in the released records

The House did not release notes from interviews with witnesses or complainants, even though a copy of a House policy on workplace harassment lays out "general considerations" when interviewing people for such investigations.

"Take detailed notes, as close to verbatim as possible, during each interview. Notes should be taken at all stages of the interview, either during meetings or immediately after, so that there is a record of the investigation to support the conclusions and remedial action taken."

The policy goes on to say that confidentiality must be "respected to the greatest extent possible without compromising" any investigation.

"Information concerning a complaint will not be released to anyone not directly involved in an investigation, a lawsuit, the implementation of corrective action, or as otherwise required by law."

The Arizona Republic requested the records through the Arizona Public Records Law.

4. Ugenti-Rita’s attorney: Lawmakers tried to 'intimidate' her

As the investigation into Shooter and other lawmakers was under way, Ugenti-Rita’s attorney complained that some Republican colleagues in the House tried to “intimidate and harass” her for accusing Shooter.

The complaint came after four female Republican lawmakers sent House Speaker J.D. Mesnard a letter in early December demanding that Ugenti-Rita be removed from her position as chairwoman of the House Ways and Means Committee.

They said all lawmakers under investigation should be suspended from leadership posts.

Rep. Michelle Ugenti-Rita walks with Rep. Kelly Townsend after House legislators voted to expel Rep. Don Shooter from office on Feb. 1, 2018 at the Arizona House of Representatives chambers in Phoenix.

Shooter had accused Ugenti-Rita of having an inappropriate relationship with a legislative staff member and making a comment about masturbation during a public hearing that was recorded on video. Investigators said there is no “independent, credible evidence” that Ugenti-Rita violated the House’s harassment policy.

Ugenti-Rita’s attorney, Kurt Altman, wrote to the House’s chief investigator to complain about the female lawmakers’ letter. Altman said the demand to strip Ugenti-Rita of her committee post could “certainly be construed as an attempt to interfere, discriminate, intimidate and harass” her.

He wrote that the letter put Ugenti-Rita “in a position where she is now perceived as something other than what she is in this situation — the victim.”

Attorney Craig Morgan, the House’s chief investigator, replied that the House was “not aware of any ‘retaliation….’ ” Mesnard did not remove Ugenti-Rita from her chairwomanship.

3. Texts about encounter: 'That's the creep'

Tara Zika, who works for a risk-management company that contracts with public entities, laid bare her feelings about Shooter in text messages with an unknown person, according to copies of those messages released by the House. Some of Zika's allegations against Shooter were substantiated by the House investigation.

Zika texted the person that Shooter was with a group of guys and waved her over. He blew her a kiss and the group started laughing.

Zika later texted, "He's a legislator," along with a screenshot of a photo of Shooter. "... That's the creep. From last night. Don shooter."

The response, "Holy s***, I know Don shooter."

Zika told the person Shooter "probably doesn't like me very much now. I didn't know."

The person responded, "Yeah, that's the guy. I lost a doller (sic) bet to him about Trump winning the election."

Zika responded, "You should donate the dollar to women's causes in his name."

2. Mesnard wouldn't waver on chairmanship

Shooter tried to get his committee chairmanship back, but Mesnard stuck to his guns.

MORE: The chaotic hours that led to Don Shooter's expulsion

On Jan. 4, about two months after Mesnard stripped Shooter of presiding over the Appropriations Committee and four days before the start of the legislative session, Shooter's attorney wrote the speaker asking him to reinstate Shooter to the position.

The attorney said Shooter was improperly removed and called it a retaliatory "punitive action."

Mesnard responded on official letterhead the same day with one word: "No." He signed off, "Sincerely, Speaker J.D. Mesnard" and scrawled his name.

That same day, Shooter's attorney wrote the House investigator and asked that he confer with the House "to assess whether a more thoughtful, reasoned response will be forthcoming. Speaker Mesnard is mistaken if he believes he can so glibly discard, with no explanation, Representative Shooter's legitimate complaint of retaliation and disparate treatment."

1. 'Sexually explicit communications ... are ... at the law firm'

A two-paragraph note, titled, "Notice: Caution" states in part, "... because of future security concerns, the sexually explicit communications referenced in the eighty-two page report by Special Counsel from the law firm of Sherman & Howard are only maintained at the law firm."

The final pages of the House investigative report references "unsolicited, sexually explicit communications" from former lobbyist Brian Townsend to an unknown person or people.

Investigators determined there was "no independent, credible evidence" that Ugenti-Rita was involved in those incidents.

MORE: Lawmaker wants 'explicit' photos from harassment investigation kept secret

However, some state lawmakers want the communications released to specifically show their nature and to show who was involved in sending and receiving them.

A Dec. 20 email from Shooter's attorney to the House investigator includes one heavily redacted line about something "sexually-explicit." The sentence appears to say the item was "sent by Representative Ugenti-Rita and Mr. Townsend." The passage continues, saying in part "was not Representative Shooter's original source of that information." But the passage is so heavily redacted the context of the references is unclear.

Follow the reporters on Twitter @yvonnewingett and @dustingardiner and email them at yvonne.wingett@arizonarepublic.com and dustin.gardiner@arizonarepublic.com.