Complaint against Sen. Wendy Rogers, who was accused of creating hostile work environment, is dismissed

The Senate Ethics Committee voted along party lines Tuesday to dismiss a complaint that accused a state senator of creating a hostile work environment.

Sen. Wendy Rogers, R-Flagstaff, will face no punishment from the Arizona Legislature in regards to the complaint filed by a former assistant, Michael Polloni. He filed the complaint just a few days into the session.

Senate Ethics Committee Chair Sen. Sine Kerr, R-Buckeye, said "the ethical behavior is defined but it has to be backed up again by clear and convincing evidence.

"We're charged with that very, very high bar of clear and convincing and it didn't meet that standard for this senator."

The 3-2 vote, with Republicans in the majority, came a day after the Senate released a report on the matter. The author of the report interviewed people involved in the situation, along with collecting text messages and other evidence.

Members of the ethics committee reviewed the report in a closed-door meeting prior to the vote to dismiss the complaint.

Text messages and an eyewitness interview in the report corroborated some of what Polloni claimed to have happened while working for the senator. Other claims had no supporting evidence, however, which senators said was what led them to dismiss the complaint.

In his complaint, Polloni said Rogers made comments about his weight and his family, pressured him to work while he was on leave for COVID-19 and yelled at him about office decorations.

Rogers' office said the senator would not comment on the committee's decision.  

Adam Kwasman, Polloni's attorney and a former lawmaker, said on Twitter he may take legal action.

Republicans, Democrats split on vote

Sens. Kirsten Engel and Victoria Steele, both Tucson Democrats who voted against the dismissal, said the action reflects poorly on the Senate as a whole and will make outsiders believe the committee ignored the complaints of a staff member.

The Republican chair rejected that interpretation.

"We didn't ignore the allegations at all," Kerr said. "We looked at it. We discussed it thoroughly."

Two substitute motions — one to hold a hearing for cross-examination and another to dismiss the complaint but require Rogers do four hours of training on proper workplace administration and professionalism failed.

Sen. Tyler Pace, R-Mesa, who voted to dismiss, said a hearing likely would not produce any more relevant evidence and said Rogers could take a remedial course on workplace behavior on her own.

"We've done a thorough investigation, we've interviewed everybody involved, we've collected statements, we have copies of text messages, we have access to documents and no one was prohibited from giving a full testimony," Pace said.

In a statement released after the committee adjourned, Steele said she was "disturbed" by the dismissal and added, "There are pages and assistants who will receive the message that we will not protect them if a Senator harasses and abuses them."

Engel said in the same release, "I want to make it clear to all assistants, pages and Senate staff that this behavior is intolerable."

Sen. Vince Leach, R-Tucson, said the committee's options in making a conclusion were limited. Corrective action or punishment are not in the committee's purview, he said. 

During committee, Leach said he couldn't get to "clear and convincing with the evidence provided. 

"In a perfect world, things like this wouldn't happen," Leach said. "I have not seen a perfect world inside of this building nor have I seen a perfect world outside this building." 

Engel, who introduced the motion that would dismiss the complaint and require Rogers to take additional courses, said at the meeting in committee the complaint should not be dismissed "without addressing underlying issues of what appears to be a senator who does not have all the skills that she needs to properly supervise her assistant."

Kerr said Senate leadership could add additional training to the human resource training senators already receive. 

Contact the reporter at piper.hansen@arizonarepublic.com.