Former Fredericksburg City Employee Makes Allegations Of Staff Abuse, Retaliation And Cover Up

Background
On September 6th, hyperbole obtained a letter from a current member of the City of Fredericksburg’s government. That letter, authored by a former city employee, alleges administrative irregularities, abuse of staff, retaliation and an eventual cover-up by individuals still employed in a position of authority and on the public payroll.

The letter was sent to all sitting members of the Fredericksburg City Council, as well as all candidates for City Council in this November’s election.

hyperbole met with the author of the letter and has since obtained seven years of city communications that describe and details these alleged transgressions as they occurred in the Planning Department and City Manager’s Office.

An investigation into these claims has determined that they are, at minimum, credible.

Introduction
Erik Nelson, a former city planner and transportation administrator, is alleging he witnessed abuse and intimidation of multiple female members of staff during his time in the city’s Planning Department. Nelson claims this treatment transpired for nearly six years and under the purview of two City Managers.

When he and others spoke out, he says they experienced retaliation, with Nelson and at least one other employee claiming they were fired as a result of their complaints.

The Whistle Blower
Nelson began working for the City of Fredericksburg in 1989.

The northern Virginia native and former US Navy ordnance specialist started in the Planning Department, where he would spend the majority of his career and eventually rise to Deputy Director. Nelson would also serve as the liaison for the Architectural Review Board and helped write the City’s Historic Preservation Handbook. Combining his proficiency in writing and passion for historic preservation, Nelson also authored a book about the Second Battle of Chancellorsville and has been a frequent (and outspoken) guest columnist for the Free-Lance Star and FXBG Advance.

A January 2021 Free-Lance Star article authored by current Fredericksburg Free Press reporter Taft Coghill credited Nelson as a being a “one-man division” during his time as transportation administrator, helping expand the city’s trail system and securing $35 million in VDOT funds to improve roads with just a $1 million match. 

In that same article, City Manager Tim Baroody praised Nelson for his “flexibility” and said the City appreciated his “many contributions to the Fredericksburg community.”

Nelson had his own human resources complaints during his time with the City of Fredericksburg, mostly towards the end of his career. That includes an EEOC complaint on the basis of age, as well as a formal grievance related to pay and promotion practices within the city.

By all accounts, Nelson does not hide his feelings. He admits to being outspoken throughout his career with the city, from publishing columns to making public comments at government meetings.

Sources have described Nelson as upset, aggrieved and bitter. Nelson admits he is displeased with his departure from employment with the city. Sources also say Nelson is an expert in his field, technically proficient and a tremendous asset to the city.

Nobody describes him as a man who would make up or manufacture claims.

The Materials And Sources
Nelson’s letter was authored on Labor Day of this year, sending physical copies to each sitting member of City Council as well as all candidates for seats this November. At least two campaigns, including one council member, confirmed they received the letter in September. 

hyperbole was provided the letter on September 6th by a sitting member of the City of Fredericksburg government. That individual alluded that abuse of staff, particularly women, continued today.

hyperbole met with Nelson three times, obtaining nearly seven years of official city communications in the process. These communications were sent and received by city government email handles and include correspondence between former and current members of staff. They are complete (not all emails include replies), but in no way are they redacted.

Within these materials, five names of female staff members are listed who are alleged to have experienced abuse by a former Planning Director. 

Nelson corresponded with one of these employees after they left their position at the city. Their emails were sent from a personal account to Nelson’s city email address, and the messages are included in those provided to hyperbole. In those messages, that employee also supports Nelson’s allegations, in addition to making her own.

hyperbole could not reach that former staffer.

It did reach one of the other five employees contained within Nelson’s communications. That individual would only speak with the hyperbole on the condition of anonymity out of her fear of further retaliation.

That employee also backs the allegations that Nelson has made.

Many of the other individuals mentioned within these records no longer work for the City, including a former Planning Director, who is the subject of many of the allegations. Most of these individuals could not be reached by hyperbole, including that former Planning Director.

For the purposes of this article, hyperbole will use titles in lieu of their names. For quotations, brackets will indicate where their titles have replaced their identities.

The exceptions to this are former City Manager Bev Cameron and current City Manager Tim Baroody, both of whom were (or are) responsible for day-to-day operations of the city government. hyperbole was unable to reach Mr. Cameron with questions related to this article.

Councilwoman Susanna Finn and former Councilman Matt Kelly are both mentioned by Nelson and within the provided documents. They are also mentioned within this article, as they are both currently seeking the Ward 3 seat.

An offer to sit down with current City Manager Tim Baroody to discuss the contents of the documents was not accepted. Questions regarding their contents were unaddressed. Fredericksburg Public Information Officer Sonja Cantu provided the statement below:

“The City treats the concerns of all employees very seriously and adheres to established policies that offer employees multiple avenues through which to address those concerns, including our robust grievance procedures. 

While we will be happy to discuss our policies, we respect the privacy of our employees and cannot comment on individual personnel, including those who are no longer employed with the City.”

2014 – 2015 Allegations
The provided records show Nelson’s first written complaint regarding the abuse of staff was made in an email to former City Manager Bev Cameron on March 31, 2014.

That memo, titled “Personnel issue,” describes an incident the previous Friday between the Planning Director and a female member of staff, with Nelson describing the issue as having “resulted in working conditions that have become abusive.”

Nelson tells Cameron that another member of staff has begun to document the incidents, which “cannot have a good ending,” Nelson concludes.

“As a deputy director, I believe it is my responsibility to bring this to your attention, for some appropriate follow up such as referral to the Employee Assistance Program,” Nelson wrote.

Nelson alerted his superiors of another incident again on August 28, 2015.

The Planning Director “appeared to get mad about some furniture (we acquired a new chair for our new person who starts Monday). He threw some chairs around, moved chairs from one room to another, and generally acted out of control,” Nelson wrote to the Director of Human Resources.

Nelson’s email states one member of staff became so upset they left for the day.

“Not too sure that you guys care very much, but there it is,” Nelson concluded.

2016
On June 27, 2016, Tim Baroody is hired as Fredericksburg’s City Manager, replacing Bev Cameron.

2018 Allegations
Nelson was involved in his own human resource grievances throughout most of 2016.

Additional accusations of abuse of staff were not mentioned again in the communications he provided to hyperbole until the end of 2018, beginning with a series of communications with a former staff member that Nelson would end up confiding in often. That individual also alleges abuse.

On November 20, 2018, Nelson emails the former city staff member about a recent incident that involved another female member of staff and the Planning Director.

“The other day, [the Planning Director] thought it a good idea to yell at EMPLOYEE A, the [Title]. She asked me later if [the Planning Director] had some sort of mental health issue,” Nelson confided from his city email account.

The message also references a previous incident involving workplace violence.

“EMPLOYEE B should have brought up [the Planning Director] on charges when he threw the UDO at her,” the former staff member replied back later that same day. The UDO refers to the Unified Development Ordinance, a physical book that provides the city’s current zoning and subdivision ordinances.

“I do believe he has mental issues. [the Planning Director] is a dangerous individual that will lie and throw anyone under the bus to make himself appear clean as a whistle,” wrote the former staff member.

The records don’t state when the alleged book-throwing incident is said to have taken place.

2019 Allegations
Six months later, Nelson details another incident to that same former member of staff from his city email account.

“It looks like your hero and mine [the Planning Director] has struck again. He directed our property maintenance person to take some action related to the mobile homes that Silver needs to move out of the way so they can develop the property,” Nelson wrote.

“Silver did not like being told they needed to do something, so [the Planning Director] either forgot what he told EMPLOYEE D to do or deliberately changed the story. Either way, he ended up in her office yelling at her and even cursing her,” Nelson continued.

“She was quite upset, but is afraid of complaining. Sound familiar?” Nelson asked.

“EMPLOYEE D explained to me that the word is out that no one will do anything about [the Planning Director’s] abuse. So it continues. Whew. I really thought Tim would make a difference,” Nelson concluded.

An hour later, the former staffer writes to Nelson once again, referring to the Planning Director in a derogatory manner.

“I wish EMPLOYEE D would March straight to HR and document [The Planning Director’s] abuse in writing Things with that ass hat will never change until there is a proper trail of his horrible abuse and lies,” Nelson wrote.

The previous alleged incident of workplace violence is referenced again.

“He particularly thinks he can get away with treating women the way he does. He should have been FIRED for throwing the UDO at EMPLOYEE B. He is a horrible director and person,” concluded Nelson.

The staff member responded that same evening.

“I did not report my many incidents to HR because one time I confided in [the HR Director] and he immediately ran to [the Planning Director] and told him,” the former employee stated.

“EMPLOYEE B never reported her experiences to HR either,” the former staffer wrote.

“I did document several incidents, including dates, that I experienced with [the Planning Director] in a file on my computer, but realized that those individuals in a position to do something about it never would,” the staffer concluded.

Nelson emails the same former staffer again four days later.

“I reported [the Planning Director] bullying our property maintenance person to [the Assistant City Manager]. I am supposed to reach out to him and did not want to let something like that go. Unfortunately, it looks like Tim (Baroody) is going to reach out to EMPLOYEE D to see if she wants to talk,” Nelson stated.

“That strikes me as a bit self-serving, in that if EMPLOYEE is reluctant to say anything, Tim will conclude that everything is OK. Maybe he is doing what he is supposed to, but he does not have a good track record for ever following HR protocols, hence my concern,” wrote Nelson.

That staff member seemed to understand Nelson’s concern, stating they’ve documented a number of conversations and treatment.

“Yes, you speak the truth about [the Planning Director] and Tim. As I have said before, when I voiced my concerns to Tim about [the Planning Director], he responded, ‘Well, [he] isn’t going anywhere,’” the former staff member said of Mr. Baroody’s reply.

The next series of emails between Nelson and the former staffer begin to describe a deliberate attempt by the subject of the allegations to dissuade an employee from complaining further.

“EMPLOYEE A let me know that [a Building Official] persuaded EMPLOYEE D not to file an HR complaint. I thought he was better than that. EMPLOYEE A also told me that [the Planning Director] insisted that EMPLOYEE D ride with him to check out a complain in the field and then spent the ride apologizing profusely,” Nelson claimed in the email.

“Since no one is willing to go on record, I suggested EMPLOYEE A let HR know about her altercation with [the Planning Director]. No go. She is hoping to interview for director…and does not want to jeopardize her chances,” Nelson continued.

The scope of the allegations became clearer with Nelson’s next communication regarding the issues.

On May 2, 2019, Nelson emails the former staffer, this time providing a list of five names of female staff members who “had been harassed or even physically threatened by [the Planning Director].” He writes that two employees and “several other witness” still with the city witnessed improper behavior. One of the names Nelson listed was the former staffer with whom he was corresponding.

hyperbole was able to confirm all five names were former employees with the city. 

In that same email, Nelson describes a meeting with Mr. Baroody where the two discussed Nelson’s allegations of attempts to dissuade staff from filing complaints. Baroody tells Nelson he spoke with those involved and “received a different story.”

Nelson says he was puzzled by Mr. Baroody’s response.

“I later confirmed that [the Building Official] had asked her not to file a report, but found it strange that Tim wanted to catch me in an error rather than find out what is going on. I pushed him on that and re-emphasized that he had a problem on his hands,” Nelson wrote to the former staffer of his meeting with the City Manager.

“I said he had inherited many of his problems, but they were his now. I suggested he consult with his new HR director and be guided by her expertise in an investigation,” Nelson continued.

Nelson then suggested Mr. Baroody might need representation, himself.

“I also said he might want to consult an HR attorney, to see what kind of legal exposure he had,” Nelson states. According to Nelson, Baroody stated he would follow up with the new HR director, ending the meeting.

On May 17, 2019, Nelson emails the former staffer once again, this time about a council member inquiring about “an employee engaged in bullying other employees.”

Nelson said he sent that council member his packet of information that was previously sent to HR, the Mayor and the City Manager’s Office.

“I suspect Tim Baroody might get upset with me for sharing information, but he has blown his credibility,” Nelson confided in the former staffer. Nelson writes he is “surprised” to see his documentation dating back to 2013.

The Victim
Five names of women alleged to have experienced mistreatment were contained in the emails provided by Nelson. 

hyperbole attempted to contact all five alleged victims. It was successful with reaching and speaking with one, but only on the condition of anonymity for fear of further retaliation.

In a phone call on October 8 of this year, that former city employee confirmed much of what Nelson alleges in his letter and city communications.

She describes the former Planning Director as having a “very abrasive personality,” saying that he often yelled in meetings. She mentioned the names of two women specifically (one of whom is listed in the emails as an alleged victim). 

In one meeting, the individual says, the Planning Director told two women directly to “shut up.” While the employee admits she had a number of unpleasant experiences with the Planning Director, she other women in that department experienced worse.

The former employee told hyperbole she reported this treatment to human resources, but never spoke with anyone at the City Manger’s Office. She claims no action was taken.

“It didn’t look good if complaints were brought up,” she said. She claims that the City Manager had and played “favorites.”

hyperbole asked the former employee if she experienced retaliation for reporting their alleged abuse.

“I’m not there anymore,” she replied.

She says that after her termination, she also lost a prospective position she was initially selected for after that employer spoke with somebody at the city.

Councilwoman Finn and Former Councilman Kelly
The names of both Councilwoman Susanna Finn and former Councilman At-Large Matt Kelly each came up during the investigation into Nelson’s claims. Both are vying for the Ward 3 seat in Tuesday’s election.

According to Finn’s LinkedIn page, she joined the Planning Department in August of 2015, where her profile says she managed the Community Development Block Grant for Housing Programs, which falls under the Planning Department. According to that page, Finn wouldn’t exit the department until April 2021.

Nelson says that Finn would have been in a position on several occasions to witness the alleged abuse of staff.

hyperbole reached out to Finn regarding the allegations.

“I received one letter from Mr. Nelson. As personnel matters are under the direct supervision of the City Manager, I refer you to him and have no further comment,” Finn replied in an email.

Nelson is far more critical of former Councilman (and current Ward 3 candidate) Matt Kelly, who he blames for helping drive him from his position in the Planning Department. Nelson even alluded to Kelly in his EEOC complaint, which he filed for age discrimination.

“My supervisor is being influenced by an elected official to move me away from the duties I do well through false accusations of wrong doing and false accusations of not knowing how to do my job,” Nelson wrote in the Virginia Division of Human Rights Charge of Discrimination form.

“My supervisor told me that I had brought all of this on myself. The elected official involved has stated that they can do what they want,” Nelson concluded. Nelson dated that document December 14, 2015, selecting the “Discrimination by Age” box.

An NBB lawsuit in November of 2015 that unfolded the following year and involved the Fredericksburg City Council suing its own ARB did not help things. Nelson felt he was taking the fall unfairly, both publicly and professionally, by the hand of the City Attorney, Planning Director and then-Councilman Kelly.

Things escalated again when Nelson says he was told that Kelly made public statements at a July 4th gathering in 2016 that Nelson “should be fired for the way [he] has managed the Historic District.” 

Kelly was willing to meet with hyperbole to address Nelson’s allegations.

Kelly says he was surprised to hear the claims from Nelson and that he considered their relationship cordial, friendly and on good terms. He denies ever calling for Nelson to be terminated, but did say he remembers not recommending him as the city’s Preservation Planner. 

Kelly says that he was aware of problems within the Planning Department, but nothing to the degree of what Nelson says occurred.

“I want you to feel open enough to tell me what you think,” Kelly said of his relationship with Nelson and other city staff.

Kelly says even if he wanted to dismiss Nelson, he would have needed three other members of council to go along with him. He joked that rubbing two fellow council member’s votes together was seemingly impossible.

The former councilman’s input on who knew what seems consistent with what another former council member who served during the scope of these allegations told hyperbole. That individual stated that they were aware of personnel issues within the Planning Department, but not to the degree of what’s been alleged by Nelson. 

Both Kelly and the other former councilman assumed the issue was being resolved by the City Manager’s Office and / or Human Resources.

The records provided by Nelson support that.

Communications show that Nelson did contact that same former council member with concerns, but those were mostly related to Nelson’s own treatment and perceived marginalization.

Former Councilman Kelly did add that he remembers hearing of one employee that was fired while they were away visiting a terminally ill family member. He says he remembers hearing that the individual allegedly threatened to sue the City when they learned that there was no documentation to support their termination.

The former employee Kelly named was among the five women listed within Nelson’s emails that is alleged to have experienced abuse.

Kelly says when he questioned the City Manager Tim Baroody about the decision, Baroody responded that it was his responsibility and his alone to oversee the management of staff.

Termination
Nelson alleges he himself was terminated for speaking out, first about the abuse of staff, then his own marginalization. But it was a formal grievance and complaints about related to the city’s pay raise and promotion patterns that led to him being given a choice of retirement or termination.

That came in an impromptu afternoon meeting between post-Christmas 2020 and the New Year holiday in 2021. After he chose to retire, Nelson says, the city provided him with two hours to clean out his desk.

He continues to claim his termination was entirely related to reporting improper behavior, both by a department head and the City Manager.

That claim is backed up by the former staffer hyperbole spoke with. She agreed that Nelson’s departure seemed inappropriate.

hyperbole asked that employee if Nelson was terminated for “speaking out” about the alleged impropriety.

“That’s probably true,” the former employee said.

Note: hyperbole made every effort to complete its investigation and report on the abuse of staff, including details regarding candidates running for office, before Tuesday’s election.

A follow-up story on the alleged administrative irregularities, including allegations about pay raise and promotion patterns, is currently in progress.

The company will also be continuing its investigation into the original claims of staff abuse and mistreatment.

Correction: This article initially misquoted Mr. Nelson as having referred to the Planning Director in a derogatory manner. That statement was made by the former staffer. This article has since been corrected.