MTS releases findings from investigation into claims in Nathan Fletcher lawsuit

SAN DIEGO — The Metropolitan Transit System (MTS) released the findings from an independent investigation into claims of wrongful termination against the transit agency by former Supervisor Nathan Fletcher’s accuser in her lawsuit alleging sexual assault.

A report on the probe, which was conducted by the private Oppenheimer Investigations Group retained by MTS, suggest officials and employees with the transit agency did not have any knowledge of the alleged interactions between Fletcher and his accuser, Grecia Figueroa, prior to her termination.

It also indicated that Fletcher, who served as chair of the MTS Board of Directors, had no role in her termination from the transit agency and that his position on its governing body did not impact Figueroa’s treatment or “any other actions taken by MTS.”

The findings undermine claims from Figueroa’s lawsuit, which is set to move to trial next year, that she was “abruptly fired” on Feb. 6 at the behest of the then-Supervisor as he was seeking higher office at the California State Senate.

In a statement, Figueroa’s attorneys said they were “unsurprised and disappointed” by the findings, arguing that the findings cannot be a fair representation since she was not interviewed or consulted in the course of the investigation.

“How could a fair or impartial investigation occur when the victim herself is not given the opportunity to tell her story,” the statement said.

“It is clear that MTS has engaged in practices designed to protect its own interests, and perhaps even the interests of former Chairman, Nathan Fletcher, rather than look out for its own employees,” it continued. “We will continue to uncover the truth and seek accountability as this case proceeds toward trial next year.”

Figueroa had been at MTS since 2019 before her termination in early 2023, most recently working as a public relations specialist. In her lawsuit against Fletcher and MTS, she claimed that she “received good marks for her work” and had no idea why she was being fired.

She further alleged MTS offered her a $10,000 severance contingent on her not publicizing her claims against MTS or Fletcher.

The report confirms in two of her three annual performance reviews she did receive good remarks, but her supervisors noted ongoing issues in several key areas of her job performance — such as project management and organization — in all of the evaluations.

By July 2022, several months after the first alleged physical encounter between Figueroa and Fletcher, Figueroa’s supervisors began exploring probationary language in her performance review to make clear what would happen if she did not improve in these areas.

At the suggestion of Human Resources Officer Jeff Stumbo, her supervisors wrote in Figueroa’s performance review on Aug. 19, 2022, “We believe that you have the potential to be a high performer, as your ‘Areas of Strength’ described are excellent … However, immediate and sustained improvement in the ‘Areas of Improvement is necessary to maintain employment.’”

The evaluation also set a formal “re-review” of her performance three to six months later. According to the investigation, Figueroa’s supervisors began exploring termination in January 2023, saying in a memo to Stumbo there was some “immediate improvement in a few areas” outlined in the review but “many of those same improvement areas became challenges again.”

“At this time, I’ve lost confidence in Grecia’s ability to take on special projects and perform up to the level her position demands,” MTS director of marketing and communications, Jeff Olson, said in the memo.

All of the witnesses involved in the termination “credibly denied” Fletcher had any role in the decision to terminate her employment and that they did not know of her allegations until weeks later, according to the report.

The timing of her firing also appeared to be coincidental: the probe found that Stumbo planned on notifying Figueroa of her termination on Friday, Feb. 3, 2023. However, the report said she called out sick that day, pushing the meeting back to the following Monday — the same day Fletcher announced his candidacy for State Senate.

The final termination later was sent about two weeks later after Stumbo reportedly did not hear from Figueroa or her lawyer on severance negotiations.

A timeline pieced together by the investigative group of the events that followed indicated MTS officials learned Figueroa was making sexual assault allegations in letters sent by her attorneys after her termination was made final, but they did not know the specifics of her claims.

On Mar. 24, several days before her lawsuit was made public, MTS officials learned in a meeting with Fletcher’s attorney that he “had an inappropriate relationship with Figueroa,” which he said was consensual, and that he planned to step down as MTS Board Chair to seek treatment for PTSD and alcoholism. The report said they had not seen Figueroa’s complaint at the time.

This information was not immediately reported to the Board of Directors, but the probe concludes that this lack of action until Figueroa’s complaint was filed was reasonable since it was the first lawsuit of its kind and were still attempting to navigate how to proceed.

“That there was some sort of personal relationship between Fletcher and Figueroa was not contested,” the report read. “Instead, the undersigned was tasked with investigating Figueroa’s specific allegations against MTS, including the allegation that MTS terminated Figueroa because she was sexually harassed by Fletcher.”

” … the undersigned did not uncover evidence that MTS officials were trying to protect Fletcher, hide information from the Board, or otherwise acted in bad faith,” it continued.

A secondary, internal investigation by MTS is also underway. The findings from that investigation have not been released at this time.

FOX 5 has reached out to Fletcher for comment on the findings from MTS’ investigation.