Fired agency head subject of 'racial and sexual discrimination' complaint

Brian McNeil, Gov. Jan Brewer's longtime adviser and Department of Administration director who was fired last week, was the subject of a "racial and sexual discrimination" complaint filed by a state employee, records obtained by The Arizona Republic show.

An Oct. 22 memo to Brewer's Deputy Chief of Staff Kathy Peckardt states the unidentified female employee "had to deal with the racial and sexual harassment from Mr. McNeil which diminished my work quality, performance and time" and that she was not given an opportunity for promotion.

The woman filed a complaint with the U.S. Equal Employment Opportunity Commission earlier this year, the records show. In an EEOC questionnaire, the woman wrote that McNeil's statements to her "reflected racial and sexual connotations" and the employee later claimed McNeil phoned her several times following his termination.

The records say she has tape recordings of her conversations with McNeil. Brewer's office received a copy of the woman's EEOC complaint against McNeil on Oct. 16, the day before the governor's chief of staff fired him.

The EEOC does not comment on complaints.

McNeil said in a statement, "I wish to be clear: I have never discriminated against anyone based on their race or gender.

"I believe had this matter been researched and investigated fairly, properly and objectively, it would have already been found to be something other than what is characterized. Any complaint of this nature would not warrant an immediate termination of a state employee regardless of that individual's status, and it particularly would not warrant a termination without a proper investigation, without being interviewed about the accusation and without being provided an opportunity to review and respond. I learned of all this through a phone message today."

The woman wrote to Peckardt that she had told an unidentified person that she "had been involved in conversations with Mr. McNeil that were racially and sexually inappropriate."

"Her response was, 'He is just a tough manager and we have all experienced his tough management style. Take this as a learning experience.'"

The employee wrote that during an Aug. 23, 2013, meeting about her performance, McNeil told her that her writing was not good. She said her supervisors had not complained about her writing; McNeil said that "my Anglo counterparts were not being truthful with me and (are) afraid to say things to me because I was ... of a 'protected class.'"

She alleged McNeil said she was an "attractive woman" who spoke well, but he wanted her job performance to improve. She also claimed McNeil told her "he needed to give me a chance to understand our differences of management styles because different nationalities and groups manage different just as he knows I probably listen to 'different kids of music.'"

The woman also said McNeil told her several times that her salary was too high, even though she said a White woman in a similar job had earned more money. She also wrote that McNeil asked her age "because one of his buddies was impressed with me at a work function, but only wanted to date someone that had to be 40 years old."

By January, the employee wrote that she no longer felt comfortable around McNeil.

The woman wrote that McNeil tried to contact her after his firing. She said she received five phone calls from him "in less than 3 hours on my personal cell phone."

McNeil led the Arizona Department of Administration for nearly two years. Brewer's office said it would not comment on the firing because it was a personnel matter. As a department head, McNeil served at Brewer's pleasure.

McNeil said in his statement that he was summoned Friday afternoon by the governor's chief of staff, Scott Smith, and "was asked to resign or be terminated. I was not provided any specific accusation or reason behind the necessity for such an action that I could review or respond. The governor was not present for that meeting, nor any meeting or discussion with me regarding the decision to terminate my employment as a member of her Cabinet."

Peckardt will serve as interim ADOA chief until the next governor appoints a permanent director. A new governor will be seated in January.

The agency oversees state personnel matters, risk management and administrative functions such as purchasing and contracts that affect other state agencies.

Follow the reporters on Twitter @yvonnewingett and @charrizazrep.