Statement of City Attorney Casey Gwinn

September 28, 2004

"The Clark lawsuit deals with personnel matters, involving employees who are on my staff. The courtroom is now the appropriate place to respond to these allegations where I believe my office and staff members will be cleared. Therefore, I decline to be interviewed. I am referring your call to our outside legal counsel, Kathryn Bernert, who is handling the case. Here is her phone number which was provided to you last Friday morning by Maria Velasquez."

Response To Disability Discrimination Lawsuit

Statement by Kathryn Bernert
Outside Legal Counsel for the City of San Diego
Partner with Luce, Forward, Hamilton & Scripps LLP
Sept. 28, 2004

"The San Diego City Attorney's Office is committed to protecting the rights of all employees.

Josie Clark, the plaintiff, is a legal secretary in the City Attorney's Office. Once the City Attorney's Office became aware that Ms. Clark was claiming a disability, staff in the Office engaged in the legally required interactive accommodation process. The City has continued to work with Ms. Clark to accommodate her and will continue to treat her equitably in her employment relationship with the City.

The City regrets this internal matter has now become a lawsuit. Even more regrettable is Ms. Clark's inclusion of allegations regarding a fellow employee that are highly personal yet irrelevant to the central issues of the case. It appears Ms. Clark is attempting to use the misfortune of a co-worker to gain some advantage in litigation with the City.

Again, the City Attorney's Office is committed to protecting the rights of all employees. This year, in fact, City Attorney Casey Gwinn was honored to receive the Disability Independence Day Advocate of the Year Award from the disabled community in San Diego.

When all facts are known, the City believes all actions taken by staff in the City Attorney's Office will be vindicated. The City intends to vigorously defend this lawsuit on behalf of the taxpayers."