Story note: I broke the story about note shredding involving a sexual harassment investigation involving the governor's top staff lobbyist.This piece advanced the story by showing how the staff attorney who, by shredding her investigative notes in the case, broke the policies she taught others to follow.May 17, 2005 Tuesday 2nd Edition
SECTION: Pg. 1A
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Steps tailored for each case, she says
By BRAD SCHRADE
Staff Writer
The state's own class on workplace harassment complaints teaches investigators to take thorough notes during a probe and to file a detailed report - neither of which happened in a workplace- harassment investigation into a top aide of Gov. Phil Bredesen.
In fact, the few notes taken in the investigation into Bredesen aide Robert "Mack" Cooper were shredded by chief investigator Kae Carpenter. She helps teach the course called "harassment and discrimination investigations workshop" for state managers who may have to look into such claims. She also helped prepare the curriculum.
A review of that curriculum yesterday by The Tennessean revealed that almost none of the recommendations in the course for documenting an investigation were followed when it came to the probe in the governor's office. The curriculum makes no mention of shredding documents as an option, and that is not taught in the course, Carpenter said.
Carpenter and the May 5-6 investigation that she led have come under scrutiny in the past week, as her office and Bredesen's have given little information about the circumstances that led to Cooper's being kicked off the governor's staff. Bredesen said Cooper, the governor's top lobbyist, was instructed to get counseling for workplace harassment and misuse of alcohol. Cooper has remained publicly silent.
Carpenter said last night that the investigation checklist in the curriculum is simply a guideline, and that the course teaches that taking notes is optional. Each investigation is different and warrants its own actions to get to the facts, she said.
Bredesen and Carpenter, chief counsel for the Department of Personnel, both said last week that all rules and policies of the government were followed in the Cooper investigation. Bredesen said the lack of notes was, in part, to prevent the dissemination of a public record, which could lead to identification of the people involved.
Carpenter said she shredded the half-page of notes she took to protect the identity of witnesses and the person allegedly harassed.
"The manner that a situation is investigated depends on the circumstances that are presented," Carpenter said.
That is not stated in the "investigation checklist" that is part of the curriculum. It says investigators should make it clear to a complainant that they "cannot promise confidentiality."
Also, the checklist tells investigators to "keep thorough notes of the interviews and course of the investigation." And they are advised to create an investigation report that is "thorough, even handed" and "describes the facts objectively," according to the checklist.
There was no report created about Cooper, whom the governor kicked off his staff May 9 after a swift investigation. The only existing documents in the case are a news release and a three-paragraph letter from Bredesen, neither of which offers any details.
The curriculum mentions that investigators should consult their agency's attorney when considering what information to disclose, which Carpenter said is something the course emphasizes. She said she teaches people that taking notes during an investigation is optional. She also said that there is never discussion of the option of shredding notes.
When asked why the course gives the checklist to students, Carpenter said: "In case they need guidance, which some people don't. But in case people need guidance, a checklist to consider whether or not they've covered the appropriate bases."
The governor last week said the lack of notes was due in part to "the sensitivity of the information and the desire not to have a public record about who was involved on either side of these kinds of transactions. I'm sure anything they did was consistent with the policies and consistent with the law."
Carpenter is first cousin to the No. 2 person in the administration, Deputy Gov. Dave Cooley. She was hired into state government during Republican Gov. Don Sundquist's administration and served in the attorney general's office until about 18 months ago, when she became chief counsel in the personnel department.
She said the only communication she had with Cooley about the investigation was May 8, during a conference call involving the governor and other staff.
The shredding of the notes sparked an ethics complaint, filed yesterday by Clarksville resident Barry Schmittou. Earlier this year, Schmittou filed ethics complaints against state Sen. John Ford, and he has previously filed a complaint against Bredesen that went nowhere.
Carpenter said the investigation course started last month and about 35 people had completed it. When pressed in an interview last night about whether an investigator could document an investigation while still protecting the identity of witnesses, she said: "I'm not going to speak to that issue. If you believe that can be done, you're welcome to that belief."
Brad Schrade can be reached at bschrade@tennessean.com or 259-8086.
nvestigation checklist
Here are some items on a checklist in the state's harassment and discrimination investigation workshop curriculum.
The investigator who helps teach the course and shredded notes in an investigation of an aide to Gov. Phil Bredesen says the checklist is optional and simply a guideline:
o "Draft an investigation plan."
o "Keep thorough notes of interviews and course of investigation."
o Make sure notes contain "date, time, and place of interview" and those present.
o "Explain that the matter cannot be kept confidential."
o "Tell complainant you will take notes."
o "Get specifics" during interviews.
o "Collect relevant documents from witnesses."
o Before drafting a final report "review all notes, documents and other evidence."
o "Analyze the information for corroboration, contradiction and credibility."
o "Draft a thorough, even handed report."
o "Identify the source of the facts."
o "Make the report chronological."
Cooper controversy
Robert "Mack" Cooper, the governor's top lobbyist, was kicked off the governor's staff May 9 after being accused of "workplace harassment" and misusing alcohol.
He was placed on 60-day paid administrative leave to complete counseling for both issues. The governor and his office have declined to release any details about the allegations against Cooper, including what happened, where, and who was harassed. Cooper could not be reached for comment.
After Cooper gets help, Bredesen said, he would consider returning him to state government but not within the governor's staff.
Cooper, 46, has been in state government about two decades. During his leave, his salary is dropping from $101,268 to $82,400.
After his return, his salary will be based on his position, but he will not be in a senior management position, the governor has said.
