Law firm provides update to City-County Council about sexual harassment probe

Attorneys from the law firm hired to investigate the Hogsett administration’s handling of workplace harassment have so far reviewed more than 1,000 documents and set up interviews with two women who said they were sexually harassed by the mayor’s former chief of staff.

That’s according to a two-page interim report the firm presented to the City-County Council on Wednesday. The report largely lacks details but highlights the firm’s start at interviewing key individuals involved in the allegations against Thomas Cook, who formerly worked as the right-hand man to Indianapolis Mayor Joe Hogsett.

Councilors authorized an external investigation in August after three women came forward with harassment allegations against Cook. The council formed an investigation committee, which then hired an independent law firm to investigate the administration’s handling of the allegations.

Atlanta-based Fisher Phillips is conducting the investigation. Committee Chair Crista Carlino said the council has invoices totaling about $100,000 for the firm’s work since it was approved by the council in in October. Councilors allocated $150,000 toward the investigation efforts initially, but Carlino said Wednesday that they may need to spend more.

Danielle Kays, a partner at the firm, said the team is “making substantial progress on every element of the second phase,” which includes examining the Hogsett administration’s response to allegations made by former employees of the city and the campaign, as well as analyzing legal compliance and internal procedures.

“We intend to provide a final report containing a detailed explanation of our investigation and comprehensive policy recommendations, if any, at the conclusion of our investigation,” Kays told the committee. The law firm does not have a deadline, but Carlino said she would like a final report before June 1.

The report did not name individuals besides Hogsett, but noted that attorneys have partially interviewed one “known complainant” and began scheduling an interview with another. It likely refers to the two women—Lauren Roberts and Caroline Ellert—who publicly accused Cook of harassment last summer.

Fisher Phillips plans to attempt to interview Cook, who has not been charged with a crime. Cook has acknowledged “consensual relationships that violated a trust placed in me” but said he did not seek to use his professional position to further those relationships.

Attorneys also plan to interview Hogsett himself. Kays said that the date will be finalized after obtaining “certain additional underlying materials and interviews.”

After Kays presented the firm’s progress, councilors on the committee were allowed to ask questions. However, Kays declined to answer several, citing the ongoing investigation.

“Do you feel like the administration has been transparent and forthcoming with you all?” Councilor Josh Bain, a Republican on the committee, asked.

“Because our investigation is ongoing, you’ll probably expect I’ll say this: You know, we’re not forming an opinion [about] that at this time, that’s not to say ‘yes’ or ‘no’ in any way,” Kays said. “It’s just that it is ongoing … we have been in contact with the city’s attorneys at a regular, appropriate basis.”

Bain disagreed with Kays’ decision not to answer the question.

“I don’t know how just letting us know if you feel like they’ve been transparent and forthcoming would hinder the investigation. … I do think it’s a fair question,” Bain said.

Democratic Councilor Andy Nielsen said that the group is “ready to get some resolution on this long process,” but noted the importance of the investigation being conducted without involvement from the council.

“Part of the reason we hired this firm was to isolate this part of the investigation, and I think at this point, we just really have to let that happen,” he said.

Nielsen also noted the additional time added to the council’s work due to the Hogsett administration’s hiring of additional attorneys. He called it “a little bit of a setback.” Carlino acknowledged to reporters that it did extend the timeline slightly.

The committee learned of the city’s decision to employ outside counsel at the Jan. 29 meeting. Brandon Beeler, corporation counsel for the city of Indianapolis, told the committee that city attorneys—who make up the Office of Corporation Counsel—lacked the capacity for the investigation and did not have the technology that a large law firm, like Faegre Drinker, has to provide discovery.

The city hired two Faegre Drinker attorneys for about $650 per hour to comb through and deliver requested documents and emails. The contract caps the total cost at a maximum of $40,000.

Subsequent meetings of the investigative committee have yet to be scheduled, but Carlino said she expects the group to reconvene in March or April.