State lawmaker's attorneys demand Utah Senate set aside 'unreliable' investigative report

SALT LAKE CITY – Attorneys asked legislative leaders to set aside an independent investigative report about Sen. Kathleen Riebe that found she likely violated state policies on workplace harassment and discrimination.

In a letter Sunday to Utah Senate President-elect Evan Vickers, R-Cedar City, attorney Ryan McConnell blasted the investigation into allegations against Riebe as "unreliable."

"In our experience, we have never seen an investigation report as one-sided, as biased or as lacking in merit as this one," McConnell wrote.

The redacted Oct. 26 investigative report from the Salt Lake City law firm Parsons Behle & Latimer, obtained by KSL through a public records request, found Riebe, a Democrat from Cottonwood Heights, "engaged in a pattern of conduct toward" a legislative staffer motivated by "race, national origin, and/or ethnicity."

That female staffer said Riebe made racially-charged comments as well as inappropriate remarks about her clothing, body and pregnancy.

Investigators also said Riebe was found to have made inappropriate statements about sexual orientation, including that she did not want "any gay interns," according to one witness, which potentially affected the placement of interns with her.

Ultimately, investigators concluded Riebe's conduct violated the Utah Legislature's workplace discrimination prevention policy. Senate Democrats last week voted to remove Riebe from their caucus and called on her to resign, which she has refused to do.

"Just what we've seen in the reports don't reflect the values that we hold as a caucus, that we hold as Democrats," Sen. Stephanie Pitcher, D-Salt Lake City, told KSL late last week. "I think it's appropriate for her to step down."

Pushing back

McConnell said investigators misconstrued Riebe's "expressions of concern" for people and adopted a "distorted picture" in their report. For example, regarding the placement of LGBTQ+ interns, McConnell said the truth is "the opposite of how it has been portrayed."

"In a long, confidential conversation with caucus staff, Sen. Riebe explained that the Capitol can be a hard place for a young person who has just come out," McConnell wrote. "She worried about their mental health. She wanted to protect them. Those who wanted her out stripped that private expression of concern of its context and turned it against her. The investigator took one line from that private conversation and treated it as an admission of discrimination."

McConnell also said the allegations against Riebe surfaced just days after she announced her intentions to run for leadership against Senate Minority Leader Luz Escamilla, D-Salt Lake City. He also said it came after Riebe expressed concern about the legislative staffer in question doing campaign work for Escamilla. McConnell noted the investigating firm, Parsons Behle & Latimer, contributed money to Escamilla's campaign account this year.

Escamilla has not responded to requests for comment.

In the letter, McConnell also criticized the public release of details about the complaint against Riebe, which she said she did not immediately see herself.

"When reporters asked Sen. Riebe about the report on November 6, she had not yet seen it," McConnell wrote. "She first received the redacted report from a reporter. The press had the report before Sen. Riebe did."

Asked for comment Monday on the letter, a Utah Senate spokesperson said: "To protect the confidentiality of those involved, the Senate will not comment on further specific details of the investigation."

In a letter last week, current Senate President Stuart Adams, R-Layton, outlined several corrective actions he said would be taken against Riebe, although they were redacted and not visible to the public.

But McConnell asked that Senate leadership set aside the investigative report and let Riebe be heard before any further action is taken.

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