TAMPA, Fla — An outside firm hired by the city of Tampa determined most allegations, some of which were sexual in nature, against City Council Chairman Orlando Gudes "appeared more likely than not to have occurred," the city wrote in a statement Monday afternoon.
Gudes was sworn into office in May 2019 and represents District 5. On Monday, he called many of the allegations made against him false – but admits some statements he's accused of making are true "though unfortunately taken out of context."
The investigation into sexual harassment allegations against Gudes began when the city's human resources department received a complaint in August 2021 from a city employee who reported to Gudes, the city says. The complaint described "pervasive abuse and sexual harassment" by their supervisor, identified as Gudes.
The reported alleged sexual harassment did not include sexual advances but included "offensive conduct and abuse," according to the city.
Following the complaint, an investigation ensued. Because Gudes is an elected official and does not report to the mayor, city attorney or any other city official in Tampa, on Sept. 14, 2021, the city of Tampa says it hired independent law firm Trenam Law to investigate 19 allegations made against the chairman.
The allegations reportedly included Gudes making crude sexual statements, making sexual gestures, making derogatory comments about multiple women and Gudes allegedly calling the employee "Celie," the name of a character constantly abused in the movie, "The Color Purple."
Trenam Law interviewed 20 witnesses — including Gudes and an intern who worked in the office. Based on their investigation, the law firm found the employee's HR complaint to be credible and supported by witnesses, the city said.
"Trenam concluded that 18 of 19 allegations appeared more likely than not to have occurred," reads the city's statement.
After the investigation, the city said the HR department's longtime outside counsel, Thomas Gonzalez, provided a confidential draft of the findings to Gudes and his attorney, who submitted a response on Feb. 23, 2022. Gudes' attorney denied the allegations and said Gudes "apologized for any words that caused the employee discomfort," according to the city of Tampa.
Continuing, the city says Gudes' attorney said, "The chairman and the employee had been longtime friends before he hired them and that in hindsight, some of his comments were inappropriate."
In return, Gonzalez reviewed the Trenam report and response from Gudes' attorney and drafted a memorandum of law based on the facts, the city said.
"It is my conclusion that the claimant has provided evidence demonstrating that she suffered harassment based on her sex," the city says Gonzalez wrote.
While the city of Tampa says it is not able to discipline or take action against an elected official, the employee who filed the complaint has the following options:
- File a discrimination complaint with the Equal Employment Opportunity Commission or Florida Commission on Human Relations. In that case, the city of Tampa must respond to the complaint or settle it.
- File a complaint with the Florida Commission on Ethics.
Gudes issued a response Monday afternoon after the city's findings were released:
"While I disagree with the entirety of the findings in the report regarding my former Legislative Aide, I do accept responsibility for comments that I made that, while not sexual harassment, were not appropriate for the workplace," Gudes said, in part.
The statement continues:
"I made the mistake of hiring a friend and not establishing new boundaries for the relationship because the dynamic had changed. I take full responsibility for not recognizing this change. I considered her a long-time family friend and I regularly socialized with her, her boyfriend, and several other individuals, both before and during her employment. In addition, she and I worked closely as she was my Legislative Aide since my election. These circumstances led me to make jokes and comments that were not appropriate for the workplace but would not be uncommon among old friends, which is what I considered us to be at the time. I sincerely apologize to my former Legislative Aide for my words that caused her discomfort.
"Many of the accusations are false and there are certain remarks that I have been accused of making that I have denied and must continue to categorically deny. However, I admit that some of the statements are true, though unfortunately taken out of context. Additionally, I believe there are ways I can improve on effectively communicating with and managing others, and to assist me with this, I have decided to engage the services of an Executive Coach, Gena Cox, PhD, at my own expense. It is my hope that through this process I can further develop my own leadership skills and workplace sensitivity so that I can be at my best to better serve my constituents and this City.
"Again, I accept responsibility for my actions and apologize for the comments. I intend to learn from this experience, I intend to be a better person, and I intend to be a better Councilman and role model in my community."
--
Tampa Mayor Jane Castor released a statement, saying that Gudes would be fired if she had authority over him.
"Since Orlando Gudes is an elected official, I have no authority over him. However, if he were a city employee, he would be fired over these credible and corroborated sexual harassment revelations.
"I know from many years in law enforcement that it takes a great deal of courage for a victim to make harassment and hostile work environment allegations against any supervisor, let alone one as powerful as a city council chairman."
--
Tampa City Councilman Luis Viera released the following statement on the matter.
“I have read the full report on Chairman Gudes and sexual harassment. No person who behaves with women as is detailed in this report should hold public office, much less chair City Council. The statements detailed here are deplorable.
More than anything, I salute the remarkable fortitude of the Claimant for speaking truth to the power of her former boss. The steps taken by the Claimant show courage and integrity. The Claimant is a hero. She deserves our unapologetic support and demands for accountability.”
--
Tampa City Councilman Joseph Citro released the following statement on the matter.
“I am deeply concerned with the findings of the HR Department of the City of Tampa regarding Chairman Gudes Monday. We take these findings incredibly seriously and we strive for a non-hostile work environment for all our employees. We must hold all our City Council members to a higher standard of conduct.
In order to move forward and to maintain the trust of the people of Tampa, I believe that the best course of action would be for Chairman Gudes to resign.
I commend the courage of the employee to speak out and file a complaint. I hope they can find resolution with the finalization of this report.”