Former D.C. Deputy Mayor for Planning and Economic Development John Falcicchio loyally served Mayor Muriel Bowser for more than eight years.

Elvert Barnes / Flickr

The D.C. Council on Tuesday unanimously approved an emergency bill ordering the city’s inspector general to review an internal investigation that substantiated accusations of sexual harassment by former deputy mayor John Falcicchio. The legislation also requires further examination into whether there were broader problems of workplace culture or retaliation.

The move caps off mounting concerns from lawmakers that the initial investigation, which was conducted by an office within Mayor Muriel Bowser’s administration, may not have fully explored sexual harassment or other misconduct by Falcicchio, who before his sudden departure in early March had been one of Bowser’s longest-serving and highest-ranking aides and political confidantes.

The investigation by the Mayor’s Office of Legal Counsel did determine that Falcicchio sexually harassed a subordinate by making “unwelcome” sexual advances towards her and sending her “thousands of messages” that were both “unwanted and sexually-charged” — including a demand for sex. But in other cases it did not pursue specific allegations made by the female employee, even as it conceded that Falcicchio “gave preferential assignments to women he found attractive and used the workplace as a ‘dating pool.'”

“We have a responsibility to support victims, protect workers and restore public trust. There are widespread concerns about how the investigation of the complaints against the mayor’s former chief of staff and deputy mayor for planning and economic development was handled,” said Councilmember Brianne Nadeau (D-Ward 1), the bill’s sponsor. “Victims, employees, and the public need to be able to trust the process, and that cannot happen if the government agencies are investigating them and their bosses. Without that trust, employees might hesitate to come forward, whether out of fear for their jobs or fear their allegations will not be taken seriously or handled appropriately.”

The inspector general will have to hire an outside law firm, which will have 90 days to review the investigation and delve into further complaints related to workplace conduct, bullying, hiring practices, and retaliation. It will also be able to make recommendations about how the D.C. government handles sexual harassment accusations.

Under a mayoral order dating back to 2017, almost all sexual harassment claims are handled internally, with each agency having a designated Sexual Harassment Officer charged with taking complaints and looking into them. The only situation where outside investigators are brought in is when the accusations directly implicate the mayor or their general counsel.

In the council, though, any sexual harassment accusation against a lawmaker or senior staffer is immediately directed to an outside law firm for an investigation. A separate bill introduced by Nadeau that could get a vote in the fall would require the D.C. government as a whole to follow that practice for any accusations against senior officials.

Speaking ahead of Tuesday’s vote, Bowser again reiterated her opposition to any push for outside investigations into Falcicchio’s conduct, saying the internal investigation was thorough and damning. Bowser also said she had independently asked the inspector general to review city management policies and practices to see if any changes could be made to address accusations of bullying and retaliation in the wake of the sexual harassment accusations.

“The inspector general already has the ability investigate, so I don’t know why an emergency is necessary. If it’s not really actually necessary… is it just politically expedient for some members of the council? If the answer to that is yes, I would not be likely to support it,” she said. “The bottom line here is this: the [Mayor’s Office of Legal Counsel], his office issued a report that substantiated the chief claims of the complainant. I’m not really sure what else you’re going to have an investigator look into. The person who was responsible is no longer with the government.”

Still, the push for an independent investigation is supported by the attorneys representing the employee who first accused Falcicchio of sexual harassment.

“The passage of this legislation sends an important message that no D.C. Government official is above the law. It also recognizes that an independent investigator is better positioned to evaluate our client’s serious allegations of bullying, hostile work environment, retaliation, and sexual-based hiring and promotions,” said Deborah Katz and Kayla Morin in a statement on Wednesday.

Falcicchio is also facing accusations of sexual harassment by a second government employee; that internal investigation is currently ongoing.

Beyond the legislation, the council is expected to hold public hearings over the summer to dig into workplace culture and conduct within D.C. government agencies, specifically the office of the mayor and the deputy mayor for planning and economic development.