The city of Chula Vista paid an employee $400,000 to settle a sexual harassment lawsuit she filed against the city and a co-worker, according to the settlement agreement.

The settlement stems from a lawsuit filed May 2017 in which Mariana Garcia, 25, accused Alejandro Ruiz-Velasco, 42, of sexually harassing her from 2014 to 2017.

There is no court record of the settlement because the parties agreed to settle out of court. The document itself is public, but none of the parties involved are allowed to talk about it because of a non-disclosure provision written into the settlement agreement.

News of the settlement agreement came to light after Garcia’s lawyer, Dan Gilleon, mistakenly told the San Diego Reader that his client was paid $400,000.


Gilleon told the Union-Tribune he was reminded of the confidentiality provision of the agreement after speaking with the Reader. He shared a copy of the complaint from the May 2017 lawsuit but declined to answer more questions about the settlement agreement.

According to the agreement, which was obtained through a public records request, Chula Vista and Ruiz-Velasco do not admit any liability and signed the agreement “solely to avoid the cost and risk of continued litigation.”

Garcia’s lawsuit against the city of Chula Vista claims Ruiz-Velasco repeatedly asked Garcia out on lunch dates for several years, made unannounced visits to her work space, made inappropriate comments about her appearance, told co-workers he wanted to “wake up next to her because she’s so beautiful,” and sent Garcia emails containing sexual innuendos.

The city denied the allegations, court records show.


Ruiz-Velasco works as a conservation specialist for the city’s CLEAN Business Program. Garcia worked as a project coordinator for the Department of Economic Development. They worked under different supervisors.

According to the complaint, Garcia confronted Ruiz-Velasco about his behavior in June 2016, when he allegedly interrupted a group lunch to say he would “totally date” Garcia if she were older. Garcia told Ruiz-Velasco to leave her alone, that she would never go out with him so he should stop asking her out.

In November 2016, Garcia printed Ruiz-Velasco’s emails and told her supervisor at the city’s Department of Economic Development about the alleged harassment. Garcia asked her supervisor to follow up with Human Resources. The complaint claims Garcia’s supervisor never alerted HR.

In December 2016, Ruiz-Velasco allegedly interrupted a conversation Garcia and friends were having about traditional Mexican Christmas foods by saying that a candy treat called “piloncillo” is also slang for vagina. Later that day, Ruiz-Velasco emailed Garcia saying all that talk about candy made him crave “piloncillo.”


Ruiz-Velasco hired his own attorney, Mitchell Dean, in October 2017. Dean argued that the allegations do not meet the “severe and pervasive” standard of sexual harassment, court documents show.

“Even looking at all instances alleged by plaintiff from November 2013 until June 2016, there is no severe incident and, even added together, the six specific incidents alleged do not even approach the evidence needed to sustain a finding of pervasiveness,” Dean wrote in court documents.

Dean did not respond to a request for comment or a request to speak with his client, Ruiz-Velasco.

By January 2017, Garcia had met with a psychiatrist who prescribed medication and wrote her a note requesting she be moved to another work site because of anxiety and panic attacks, according to court documents.


The city moved Garcia to a temporary work site but did not allow her to take any of her personal belongings from her old cubicle. The city took no action against Ruiz-Velasco, according to the lawsuit.

Ruiz-Velasco received a $11,000 raise — from $38,384 to $49,629 — during the alleged harassment period, according to data from Transparent California. He currently earns $55,671 a year, according to the city.

Garcia moved away from San Diego some time after filing the lawsuit, Gilleon said.

A city spokeswoman, Anne Steinberger, declined to comment on the settlement, citing the nondisclosure stipulation.


“While we cannot discuss the details of the City’s investigation in this case, or any personnel action taken as a result thereof, we can say that the city’s investigation into the matter revealed information consistent with Mr. Ruiz-Velasco’s account of his conduct,” she said. “The city’s decision to settle the case was a business decision to avoid the projected significant additional expenses and uncertainty of litigation.”

She offered the following statement:

“As with all cases, the city takes the allegations seriously. The city has a discrimination and sexual harassment policy in place, which it strictly enforces. In addition, city employees are expected to comply with all state and federal laws regarding discrimination and harassment.”

City employees who are supervisors are required to complete sexual harassment training. Chula Vista is evaluating potential updates to its employee conduct policies and training requirements, Steinberger added.


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