MTS dismissed from lawsuit by woman who accused Nathan Fletcher of sexual harassment

A judge on Friday dismissed the San Diego Metropolitan Transit System from a lawsuit brought by a former employee who accused the agency of firing her.

The case is connected with sexual harassment complaints made by Grecia Figueroa against former county supervisor and MTS Chair Nathan Fletcher.

San Diego Superior Court Judge Matthew Braner granted MTS’ summary judgment motion in the lawsuit brought by the former public relations specialist, leading to the dismissal of all claims brought against the agency, including sexual harassment, gender discrimination and retaliation.

Braner confirmed a tentative, written ruling he’d issued Thursday, which stated that “MTS has presented evidence Plaintiff’s termination was based on legitimate, documented performance issues” rather than anything involving Fletcher.

Braner also agreed with MTS arguments that Fletcher had no role in Figueroa’s termination, nor did his position as an MTS board member give him the authority to fire her.

The judge said in court, “It seems to the court that the evidence that (Fletcher’s) role was essentially ceremonial is much stronger than the assertion – not really backed up with a whole lot of evidence – that he was a mastermind, that he was pulling the strings.”

Fletcher remains a defendant in the case, which is currently scheduled to go to trial next month.

An independent investigation released by MTS last year said that personnel decisions like hirings and firings are the responsibility of the agency’s CEO, similar to Braner’s determination.

Francis Flynn, one of the attorneys representing Figueroa, disagreed and stated during Friday’s hearing that there were inconsistencies in Figueroa’s performance reviews leading up to the date of her firing, with some stating she met her job expectations.

Flynn also argued that Figueroa reported being harassed by Fletcher while she was still an MTS employee, while the agency argued those complaints weren’t made until after her termination.

In a statement released hours after the hearing, MTS Board Chair and San Diego City Councilmember Stephen Whitburn said, “From the outset of this case, our board was committed to an independent investigation and review of the matter. We’re pleased to see the court’s agreement in dismissing charges against MTS.”

MTS CEO Sharon Cooney said, “We were glad to hear today’s ruling in MTS’s favor. As we put this case behind us, we remain focused on our ultimate mission to bring safe, reliable public transportation to our region.”

While Fletcher acknowledged a relationship with Figueroa, he has claimed all interactions between the pair were consensual.

Figueroa was terminated from her position on the day Fletcher announced his run for state Senate. Less than two months after Fletcher announced the bid, he ended his campaign, stating that would seek treatment for post-traumatic stress and alcohol abuse.

Figueroa’s lawsuit followed days later, leading to Fletcher’s resignation from the county Board of Supervisors and MTS board.

Fletcher’s legal team has since filed a defamation countersuit against Figueroa and released multiple messages between Fletcher and Figueroa, spanning more than a year, that they allege show a consensual relationship.