Former HSA director sues county; officials say they had evidence she violated multiple policies
The Washoe County agency overseeing children, senior and homeless services is embroiled in a lawsuit filed by its former director. Amber Howell sued the agency on July 1, alleging she was pressured to resign. Washoe County officials, however, hired an investigator who found multiple violations of county employee policies by Howell, which they said gave the county ample reason to fire her.
Some allegations include Howell pressuring employees and subordinates to give her alcohol and opioids in exchange for favors. The independent investigator, attorney Sandra Ketner, found Howell made bullying statements to subordinates, engaged in favoritism and misused agency resources for personal gain.
“The preponderance of the evidence reflects that Howell violated the Code of Conduct requiring honesty, the Core Competencies for All Employees regarding ethics and integrity, and the Core Competencies for Supervisors regarding financial and resource management,” Ketner wrote after investigating Howell. The investigation followed employee complaints about Howell’s behavior.
“The evidence substantiating Howell’s disregard for HSA protocols and procedures regarding gift cards and other items is significant, as multiple witnesses reported eerily similar incidents involving Howell’s requests for gift cards and other items such as iPads,” she added.
Howell, in her complaint, alleged discrimination and retaliation under the Americans with Disabilities Act (ADA) and other statutes. The complaint, filed in the U.S. District Court for the District of Nevada, claims Howell faced adverse employment actions due to her mental health conditions, including depression and PTSD. Howell also said she reported an employee who allegedly wasted government money and violated Housing and Urban Development (HUD) policies. She claimed reports were ignored by Assistant County Manager Kate Thomas.
Washoe County disputes her claims. In a rebuttal filed on Oct. 10, Deputy District Attorneys Michael Large and Lindsey Liddell published in public court filings a normally confidential report about Howell’s mental health and drug history. Howell was placed on administrative leave in April 2023 after complaints arose about her behavior during a Zoom meeting, where she was perceived by employees as being under the influence of substances. After a negative drug test, she was placed on unpaid leave and recommended for termination by Washoe County Manager Eric Brown.
Howell denied being under the influence at work. Ketner investigated allegations that Howell solicited prescription hydrocodone and wine from employees, which Howell said were comments made in jest.
Ketner disagreed. “Howell’s demeanor when addressing this topic changed dramatically, and her denials of the multiple reports of asking employees for narcotics were simply not credible,” she wrote. “Moreover, Howell’s explanation that she made comments in jest was neither credible nor appropriate conduct for an agency director.”
Howell claims county management targeted her after she hired legal counsel to address work concerns. She alleges she was forced into a “constructive discharge,” citing violations of the ADA and retaliation for attempting to assert her rights.
“She is attempting to cultivate an ADA claim after the fact despite the complete lack of evidence that the alleged actions had anything whatsoever to do with her medical conditions.”
Ketner interviewed several people. About half reported little to no concerns about Howell, while others, including her replacement, Ryan Gustafson, accused her of misconduct and poor judgment. “Howell is passionate, works tirelessly for the people served by HSA, and goes above and beyond because she cares about the families they serve,” Ketner noted, citing an employee.
Attorneys Large and Liddell argued that Howell’s allegations do not meet the legal standards for discrimination or retaliation. County officials maintained that the actions taken against Howell were based on substantiated findings from the investigation.
Mismanagement of homeless services alleged
Howell denied making inappropriate or derogatory comments about county management, including Assistant County Manager Kate Thomas. She said her relationship with Thomas was strained because Thomas did not support the agency or understand child welfare. However, Ketner documented Howell calling Thomas a “stupid bitch.”
A county therapist recommended Howell for medical retirement, but Howell claims the county placed her on unpaid leave and recommended her termination instead of accommodating her for disability.
Howell also alleged retaliation for reporting violations of HUD policy by another county employee, Catrina Peters, regarding the management of housing vouchers for homeless individuals.
Peters was the subject of a similar complaint earlier this year by a former employee. Emily Elyse described Peters as hostile, stating that she did not adequately serve in her capacity as Continuum of Care (CoC) Coordinator and that she interfered in other projects, such as the administration of the Cares Campus.
Howell also said, “The only data reported from Housing and Homelessness Services by Peters was the ‘number of people housed,’ which demonstrated a disproportionate amount of individuals from Cares Campus and Safe Camp being matched with CoC funds compared to other programs in the community, including those focusing on homeless women and families.”
Howell is seeking an injunction against “further violations” at HSA, as well as damages including back pay and attorney fees.
County seeks dismissal
Washoe County’s motion to dismiss highlighted Ketner’s findings that Howell violated county policies. The violations included requesting medications from subordinates, making bullying and threatening statements, disregarding federal guidelines about placing an infant into care and abusing her authority.
County Manager Eric Brown recommended Howell’s dismissal on July 13, 2023. A month later, she resigned instead of challenging the termination recommendation and subsequently filed her lawsuit.
Howell claims her medical diagnoses should have been treated as a disability, and she should have been offered a medical retirement.
Large and Liddell disagreed. “Howell does not allege how her mental health diagnosis (which she doesn’t allege to have shared with anyone) impaired her ability to do her job or anything else in her life. Accordingly, Howell has failed to adequately allege that she is disabled under the ADA,” they wrote in the county’s motion to dismiss.
They said Howell’s arguments fail to support her claims. “She is attempting to cultivate an ADA claim after the fact despite the complete lack of evidence that the alleged actions had anything whatsoever to do with her medical conditions,” they wrote.
