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SLO County administrator touched women first week on the job

December 10, 2023

John Nilon

By KAREN VELIE

Two San Luis Obispo County employees lodged complaints of inappropriate touching against John Nilon four days after he began working as interim administrative officer, according to county documents that detail the alleged misconduct.

More than six months later, on Nov. 17, the SLO County Board of Supervisors voted 5-0 to fire the controversial administrator. A recent complaint from a woman affiliated with Cal Poly spurred the decision to terminate Nilon.

Nilon, whose first day was May 1, was appointed on a 3-2 vote, with supervisors Debbie Arnold and John Peschong opposed. Arnold felt the county had not properly vetted Nilon, while Peschong felt his salary was too high.

History based on notes of the investigation, interviews, emails and texts:

2018 – An unidentified woman involved in the California State University system reported that Nilon had touched her arm in a manner that made her uncomfortable and then sent her inappropriate text messages. A resolution was then reached in which Nilon apologized. Nilon was a member of the CSU Board of Trustees from 2016 through 2018.

May 2, 2023 – A female employee said that Nilon grabbed a pen out of her hand while saying, “I need that.”

May 3 – During a meeting, Nilon explained the direction he was headed in and said, “If folks aren’t on board then they can self-direct themselves to Santa Barbara County.”

May 4 – Two women working in the SLO County Administrative Office complained to their supervisor that Nilon had touched their backs and behaved in a manner that made them feel uncomfortable.

The supervisor informed then-Assistant County Administrative Officer Rebecca Campbell that two employees lodged complaints about Nilon’s uncomfortable touching. Campbell shared the information with an unnamed county employee, likely either the head of the Human Resources Department or the County Counsel’s Office.

May 5 – Nilon called Campbell by a nickname she does not use, and she told him it was inappropriate and to not do again. Campbell informed Nilon that employees had lodged complaints over unwanted touching. Nilon wanted to know who complained, but Campbell said she could not say.

In an email to the unnamed high-level employee, Campbell described how Nilon allegedly touched an employee’s back, and then bent down into her personal space to discuss what they were having to eat. He allegedly came back later, again touched her back and bent down into her personal space.

May 6 – “For the record, I spoke to John Nilon about the issue I spoke to you last night regarding the two employees feeling uncomfortable and with him touching their backs,” according to an email Campbell sent the unnamed high-level employee.

May 9 – Nilon continued to refer to some employees as “young lady.” He also said, “There she isss,” when certain females entered the room.

May 16 – Nilon called a woman by a nickname in a hallway. Campbell then shook her head no at him.

Over the next three months, Nilon primarily changed his behavior, though on several occasions he called women by nicknames, such as Becky instead of Rebecca.

Aug, 21 – Nilon sent an affiliate of Cal Poly an email saying, “So thoughtful and kind of you to provide such a lovely bag of goodies and sweet note! You are keenly aware of my sweet spot…I’ll have to keep my eye out to discover yours…Again, big thank you.”

He later texted the same woman, “I keep reflecting on an outstanding visit. The immediate connection was remarkable. Also, I plan on submitting an employment application but want to be solely compensated with beef snack sticks!”

Aug. 28 through Aug 29, in a text message thread that started at 9:03 p.m. on Aug. 28 and ended at 7:57 a.m. on Aug. 29. Nilon asked the unnamed recipient to send him a selfie.

Unknown date – Based on a complaint from the Cal Poly affiliate, the county opened an investigation.

Nov. 14 – SLO County Counsel Rita Neal sent an email to Nilon explaining that both she and Human Resources Director Tami Douglas-Schatz wanted to discuss complaints received and look at next steps.

“I would like to see the complaint in advance, redacted of course,” Nilon responded in an email.

“There are no written complaints,” Neal replied.

Nilon then asked Neal to transcribe the complaints. Neal told Nilon he was not entitled to the information and that they planed to hold a special Board Of Supervisors meeting to discuss possible discipline or termination.

Nov. 15 – Nilon submitted a letter of resignation per his contract, which required him to work an additional 30 days after resigning.

Neal emails Nilon asking him to send a draft letter of his resignation. She noted that the entire board would need to consider letting him continue working.

“The entire board will need to consider if they want the contract to continue for the next 30 days. As such, we will be proceeding forward with the closed session on Friday. It is solely your decision if you would like to attend. During our discussion today, I explained to you how the process would proceed.” Neal said in her email.

Neal’s email to Nilon continued with her appearing to describe a previous discussion with Nilon: ” ‘Using consideration of public employee discipline/dismissal/release seems punitive to me.’ As I wait outside in the hall everyone knows, I’m the public employee under discipline/dismissal/release even after I’ve resigned per the contract. Is this not embarrassing enough? Is the board really going to consider to immediately terminate with cause: if 1)felony; 2)civil, criminal, or monetary penalties are likely; or 3) gross negligence; I’ve already resigned. I can work at home for the 30 days and not be disruptive in the office if that is a concern. I’ll be there if the board chair wants me to be there.”

Nov. 16 – Nilon responded to Neal in an email saying, “You have me at a disadvantage as I don’t know the will and desire of the Board. If it’s their wish that I don’t spend an additional hour at work, then I don’t want to spend an additional hour at work. If they want an organized departure wrapping up loose ends, I would be pleased to do so in accordance with the contract and if desired, from home with other provisions.

“Just to be clear on yesterday’s discussion and in preparation for tomorrow’s closed session, please confirm or clarify:

“1. The internal complaints were not written complaints gather over time when the alleged incidents occurred.
2. No internal complaints were ever presented to HR or to Counsel prior to the investigation.
3. All internal complaints were solicited during the investigation.
4. What question were asked during the investigation?
5. How many individuals responded that my alleged conduct made them feel uncomfortable?
6. How many individuals responded that my alleged conduct didn’t make them feel uncomfortable?
7. How many women were interviewed? How many indicated that my alleged conduct made them uncomfortable?
8. How many men were interviewed? How many indicated that my alleged conduct made them uncomfortable?
9. Isn’t it true that men and women may have different standards and criteria for conduct they find uncomfortable and that one comment may be perfectly acceptable to one person and uncomfortable to another?
10. Even within the same gender, isn’t it true that employees may have different standards and criteria for conduct they find uncomfortable and that one comment may be perfectly acceptable to one person and uncomfortable to another?
11. Even within the age groups, isn’t it true that employees may have different standards and criteria for conduct they find uncomfortable and that one comment may be perfectly acceptable to one person and uncomfortable to another?
12. Isn’t it true that Early Resolution and other systems like informal processes are designed to resolve
differences of standards and criteria for conduct that may be found uncomfortable.
11. How many of the internal individuals interviewed attended county training regarding sexual harassment?
12. The training clearly states that if they are subjected to behavior they feel makes them uncomfortable, then they are to report it. Why did they not report it at the time of the incident? Was this question asked?
13. Based upon the subject document, “Statement of Early Resolution” which you say is “is a pattern of behavior,” if presented to me that a certain conduct was uncomfortable, what would have been my reaction? The document states, “took immediate corrective action as soon as he learned about (redacted name’s) discomfort.”
14. Did you contact the CSU Chancellor’s Office to receive a copy of the October 18, 2018 “Statement of Early Resolution?”
15. If not, how did you verify that the copy of Statement of Early Resolution you received was accurate and complete?
16. When earlier offered by me to provide you with a copy, you declined.
17. Is it County Policy and Practice to take an unrelated confidential documents (possibly not verified) from
five years ago and do an investigation of a current employee’s conduct without any history of complaints?
18. Is it true that you are not presenting me with any formal bill of particulars nor providing me with a list of allegations prior to a disciplinary meeting?
19. Is it true that discipline has already been decided without my opportunity to defend myself?
20. You are aware and I want the record to show, I am compelled to attend a disciplinary meeting even though I have already resigned, per the provisions of the contract.”

Nov. 17 – Nilon offered to resign immediately and forgo the extra 30 day contract requirement.

“I understand that this all stems from an incident five years ago where I inadvertently and unintentionally made someone feel uncomfortable, apologized, and the apology was accepted,” Nilon wrote. “Instead of respecting the person’s wishes that the matter is resolved, closed, and private, there are those who chose to ignore the facts and the wishes of individual in the hopes to make this a cause celebre.”

Neal responds, “Lastly, in reviewing your below email to the board, you appear to be under the impression that the 2018 CSU Resolution document was the origination of our investigation. On the contrary, we received complaints about your behavior separate and apart from that document. Thus, the investigation focused on your behavior and conduct while you have been employed by the County of San Luis Obispo.”

During a more than two hour special Board of Supervisors meeting on Nov. 17,  the board voted unanimously to fire Nilon for cause.

Text messages and emails

Campbell May 5 email to unnamed high-level employee:

 

Nilon’s Aug. 21 text message to Cal Poly affiliate:

 

Nilon’s Aug. 28 text message to unnamed person:

 

 

Nilon’s Nov. 16 email to Neal:

 

Nilon’s Nov. 17 email to Neal:


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As an employee for SLO Co I submitted a complain of inappropriate comments made to my mobile from a female employee and was told that there was no wrong doing on her part. One message was, I miss your laughter. SLO CO is a joke and has abused the male.


4

Can he coach basketball?


3

It’s unlikely his actions just started when he started working here. He likely did these same things in his previous jobs, but as with the public sector when an employee breaks the law he is just quietly shown the door so they can move on to another job and do the same thing, common to not address the real issue just move it to some other public sector and let it become their problem. Keep everything quiet so that when this employee applies for another job those checking, if they actually check, will not see any issues with hiring this bad employee


0

Great deal of speculation here. Could just as easily speculate that this County is very different in its approach to employees. The real question for me is that the stated behavior doesn’t look to support the action taken.


4

Would you have preferred Mr Nilon been put on ” double secret probation”?


0

Well, the reference to Animal House is amusing and I’m sure we could make all kinds of jokes about it. But, firing someone without providing due process over questionable claims of policy violations deserves more, I would think.


5

Generic abuse of power. This guy should have booted a long time ago. POSes like this are fully aware of what they can get away with and the overall incredibly slow response of a system that should be protecting employees from this type of abuse. How much severance did his bean counter pals give him?


1

Abuse of power seems like a strong statement not supported by the documents we’ve seen. Protecting employees is critical..no doubt. Protecting from what is the question at hand. Very interesting.


5

Business people used to be taught that certain things e.e. handshake, hand on shoulder etc were reinforcements to a positive verbal message. Now it’s actually the total opposite!!!


17

It appears that John Nilon is a victim of an over-sensitive Woke crowd. His only real crime is that he’s out-of-touch and folksy with his employees. He’s not aware of how the culture has changed around him. Sure, he would have been wise to pay attention more to social cues, but this is not grounds for dismissal. More upsetting is the clear lack of due process here–no right to confront your accusers. No right to see the evidence against you.


Why weren’t they this tough on Gibson when he was messing around with his assistant and everyone on the 4th floor knew about it?


17

Laughable “accusations” imo. Those are called basic human interactions ladies. Or should I not call you ladies anymore cause that’s “offensive” too? Sensitivity is off the charts in 2023!!


26

So you’d be fine with a man caressing your back at work, texting you for selfies, and asking for payment in beef sticks? Good to know!


-6

Whoa hold on. Let’s stick with the facts as we are told them. No one mentions any caressing, and I’m quite sure that would have been highlighted. I’m struggling to sexualize being paid in beef sticks…Selfie too, seems benign, especially without context. I’m all for holding everyone responsible for sexual harassment, and if this guy is guilty he should be fired.


25

Definitely not the beef stick thing. Have you seen the price of those, lately? He’d be making about $500 an hour at the current exchange rate.


3

It’s what it is; you simply gotta go with it. The safest approach at my government job is to say as little as possible, stay as far away from people as possible, remain as expressionless as possible when you speak and write email, pretend las if you like everything the management does and says, use only gender neutral language, and don’t touch anyone for any reason. Those people around you at work are your co-workers, not your friends. While not optimal, this is the optimal way to continue getting paychecks. When push comes to shove, anyone you know will happily toss you under the bus.


12

This really floors me. From reading the article I would say that Nilon seems somewhat normal for his generation of males in the way he deals with women. I think his problem is he hasn’t caught on to the new rules, whatever they happen to be today, for the proper treatment of the opposite sex. I was happy to see that he was not called out on using improper pronouns…Heaven forbid!


32

I am 56, not fragile, not easily offended and his behavior would bother me in any work environment. These women were not his buddies, they were work colleagues. I am floored how this being “somewhat normal behavior for his generation of males”, might make this ok?? Me personally, would have slapped his hand if he touched me while working. I agree, definitely a case of abuse of power.


-3

It’s an interesting turn of affairs. There was a time when men and women could work together as a team, caring for the well being of each other and their families. Now, work colleagues is defend where, “Coworkers may not be friends, but you can still have strong professional relationships that make work more comfortable, safe, and enjoyable.”  Apparently, any deviation from the Stepford workplace, is taking “unjust advantage” of employees: an abuse of power. There’s got to be a middle ground. 


2

He had to apologize in 2018 for making someone feel uncomfortable, so my guess is he was talked to about his behavior at that time. So why is he still making women uncomfortable in 2023? If my grandpa or dad was still touching women today, I’d tell them that was not appropriate in a work environment today. I think he was talked to plenty of times but chose to continue doing what he wanted to do. If we want to say his behavior was normal for his generation, well he lost his job because this isn’t the 60’s anymore. Sometimes you must adapt to the times.


-3

Boy, it’s true that you have to adapt to the times. No doubt he could have benefited from your counsel. From reading the material, it appears the Mr. Nilon touched two women on the back during his very first week. When counseled that first week, there are no other reports of touching. Perhaps that is adapting? I’m not advocating for his behavior, but from the story it’s hard for me to match the outcome with the behavior.


1

When you are famous; you can just grab em by the P***y.


-14

Or walk up behind them to rub their shoulders and sniff their hair.


49
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