ATTORNEYS AT LAW LLP 621 Capitol Mall, Suite 2500 7Il NoSSAMAN Sacramento, CA 95814 T 916.442.8888 F 916.442.0382 VIA EMAIL AND FIRST.CLASS MAIL John T. Kennedy rdalsoglio @dm-lawfìrm. com D 916.930.7785 [email protected] Refer To File #: 290185-0001 November 28,2018 Robin D. Dal Soglio, Esq. Dal Soglio & Martens LLP 27240 Turnberry Lane, Ste.200 Valencia, CA 91355 Re: Fieno Appeal and Retaliation Complaints Dear Ms. Dal Soglio: As you know, Amy Oppenheimer, Attorney atLaw, as an outside, independent attorney ("Investigator"), conducted an investigation of Mr. Fierro's appeal regarding the result of his original complaint and of his subsequent retaliation complaints against Assemblymember Cristina Garcia. I am writing to inform you that Ms. Oppenheimer's investigations have been completed. The Investigator made the following findings: Appeal Investigation Based upon information obtained from previously unreachable individuals, the preponderance of the evidence supported a finding that Assemblymember Cristina Garcia, while in a state of inebriation, encountered Mr. Fieno in the dugout of the 20l4legislative softball game, grabbed his arm for support, put her hand on his back, and was overly familiar with him in a way that she would not have been had she been sober. However, a preponderance of the evidence did not support findings that Assemblymember Cristina Garcia touched Mr. Fierro on his buttock or genitals, or that this was a sexual encounter. Retaliation Complaints The preponderance of the evidence did not support a finding that Assemblymember Cristina Garcia interfered or attempted to interfere with Mr. Fieno obtaining business contracts with a school district. Please note that neither you nor Mr. Fieno are entitled to a copy of the Confidential Investigation Report and it is subject to the attorney-client privilege. It has been determined that the substantiated conduct in the first finding discussed above violates the Assembly's Policy Against Sexual Harassment. Consequently, appropriate remedial 56732768.v1 nossaman.com Robin D. Dal Soglio, Esq November 28,2018 Page 2 action designed to prevent firture similar conduçt by Assemblymember Cristina Garcia will be imposed. In çonclusion, please note that the Assembly strictly prohibits retaliation. If in the future, Mr. Fierro believes that a sitting Assemblymember or current Assembly employee is retaliating against him because he came forward with his concerns and participated in the Assembly's investigation process, please notify me immçdiately. The Assembly thanks Mr. Fierro for coming forward with his concerns which the Assembly understands was not easy to do. !, John Kennedy of Nossaman LLP JK:lb cc Assemblymember Anthony Rendon, Speaker California State Assembly Assemblymember Marie Waldron, Republican Leader California State Assembly Assemblymember Kenneth Cooley, Chair via email California State Assembly Rules Committee Assemblymember Jordan Cunningham, Vice-Chair California State Assembly Rules Committee Debra Gravert, Chief Administrative Officer California State Assembly Rules Committee Diane Boyer-Vine, Legislative Counsel Tosha Cheny, Human Resources Director - via email California State Assembly Rules Committee 56732768.v1.