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>> PEGGY PICO: The Mayor's former communication director, Irene Mccormick Jackson is the only
female who has filed a suit against the Mayor and criminal investigations may move forward
as a result of the San Diego sheriff's hot line.
Here to help us understand that is attorney Dan Eaton.
>>> Nice to see you, Peggy. >> PEGGY PICO: Mayor Filner's counsel asked
for a change of venue. What evidence, if any, is needed to make this
happen and how hard is it to get a change of venue?
>> Change of venue means change of place and they are seeking an impartial jury.
The evidence he has introduced, evidence about polls, showing how many San Diegans have made
up their minds about this and the 70 plus% of media places, so this is the evidence that they're�
>> PEGGY PICO: 37 to be exact. >>> 37 and it's a tough thing to do, but when
you look in the past the last big city Mayor to do this was a Mayor out of Detroit and
a federal judge said they are not moving it out of the county there and it's very difficult.
>> PEGGY PICO: Okay, the Mayor is scheduled to give his deposition this Friday but his
attorney filed a motion to quash the subpoena. What does that mean?
>> It means the deposition cannot go forward when it is scheduled.
The Mayor has asked that the deposition take place no sooner than thirty days after he
was served so September, early October, just not on the 9th.
>> PEGGY PICO: What qualified as *** harassment under California law, does it have to take
place in the workplace? >> Is it doesn't but the plaintiff has to
show that the conduct was severe or pervasive both from her perspective and the perspective
of a reasonable woman in her similar condition. The fact is that it is a tough standard.
As far as it not being in the workplace there are only certain kinds of relationships where
people outside of the workplace can Sue for *** harassment, attorney/client, teacher/student
and other relationships. >> PEGGY PICO: More than a dozen women have
come forward. Is there a statute of limitations?
>> Yes, we're talking about outside the workplace under the California law that we are talking
about, you're talking about a twoyear statute of limitations and the workplace has its own
particular statute of limitations so a lot of these are time barred.
There is more political pressure than legal pressure
>> PEGGY PICO: So two years? >> Outside of the workplace.
>> PEGGY PICO: I see. Could these women get together and file a
classaction lawsuit? >> Hard to see how it would work because you
have to show that it's capable of being proven by common proof.
Given the variety of the issues stated, it's hard to see this going forward as a class
action. That doesn't mean that Irene McCormick Jackson's
is the last that will be filed >> PEGGY PICO: How are *** harassments
typically settled? >> Typically through mediation and one party
pays. One of the conditions of settlement may be
that the Mayor resigns and so far he's not willing to do that.
>> PEGGY PICO: Many of these alleged incidents occurred while the Mayor was actually a Congressmember.
Are they subject to *** harassment? >> They are now.
The congressional accountability act made Congress people subject to title 7 which is
an antidiscrimination law that was enacted in January�of 1995 when Mayor Filner was
beginning his second term and it passed 390 to 0
>> PEGGY PICO: Did he vote for it? >> He did, he voted yes
>> PEGGY PICO: We will have continuing coverage on our web site, employment law attorney Dan
Eaton, thanks very much. >>> Sure, thank you.
