CLARKSVILLE, TN (CLARKSVILLE NOW) – Clarksville’s city council will soon vote on an ordinance to pull all city funding from the Roxy Regional Theatre following complaints against the theater’s executive director.

The ordinance was postponed from last month and cited complaints of a hostile work environment involving theater director Ryan Bowie. The Roxy board of directors conducted its own investigation into the matter, and the Equal Employment Opportunity Commission (EEOC) has now concluded its investigation following a mediation on Jan. 10.

The ordinance

The ordinance was previously sponsored by former Councilperson Vondell Richmond, whose term expired at the beginning of the year. It is now sponsored by Councilperson Trisha Butler, who said she is sponsoring the measure for three reasons:

“One, out of respect for a now former colleague, that has let legislation not fall by the wayside after we deferred it past his tenure. Two: to follow through on the complaints from my own constituency as well as all the reasons I have previously addressed. Namely, my repetitive point that we and our supported charities need to operate above reproach,” Butler told the council.

“Lastly, I believe that this entire incident is precisely why government shouldn’t be in the business, especially the entertainment business.

Roxy Board Chair Stacy Turner was called to the floor to explain the EEOC investigation results. She deferred the questions to Roxy’s outside counsel, attorney Tracy Knight.

EEOC investigation

“I was approached by the Roxy to address the EEOC matter and the employment issues that were brought to light at the Roxy Regional Theater,” Knight told the council.

She explained the EEOC charges and process, stating that the first step is the filing of a complaint. After that is filed, the EEOC opens a case and begins an investigation, which includes position statements from both parties. Once the initial investigation has concluded, one of three outcomes can occur.

“The first one would be that the EEOC would pursue a case on behalf of the charging party. This is kind of the worst-case scenario.” Knight said. “The second would be the EEOC opts to not proceed or can’t determine whether a violation occurred.”

She said that when this happens, the EEOC will issue a right to sue letter and dismiss the charge. The charging party could then hire a private attorney within 90 days and file the charges in state or federal court.

“The third option would be that the EEOC closes the case. No right to sue letter is issued and there is no further action or findings. That is what happened in this case. So, on Jan. 10, the EEOC closed the case with no findings, no recommendations and no further investigation into the matter.”

Knight noted that the parties involved signed a confidentiality agreement, therefore details discussed during the meeting have not been disclosed.

Not a traditional workplace

Knight told the council the Roxy board has put multiple new policies in place in light of the recent events. A human resources director and an “intimacy director” have been put in place, and new procedures for filing a complaint have been implemented. Further, anyone employed at the Roxy will receive a new employee handbook.

Knight explained that while changes have been made, they were not without challenges due to the nature of the theater.

“It’s a little bit difficult to put together a policy for a theater because it isn’t a traditional workplace. The shows are short in duration, and there are independent contractors. There are some employees that are full-time employees of the theater, but then some are coming in and going after their show is done,” Knight said. “So, we kind of had to get creative with some of the language just to make sure everyone is covered for that.”

Several councilmembers appeared to agree that the problem had been addressed and resolved, and that moving forward was the best option.

Councilperson Wanda Allen, who initially brought the issue to light in August 2022, noted that she would not be voting to withdraw funds following the closing of the EEOC investigation.

“I will not be voting for this ordinance,” she said. “I do apologize that I did bring it up in the council meeting, but I’m glad it got resolved.”

Allen also thanked Bowie and Turner for their efforts in resolving the matter.

Shakeenab: ‘Incorrect statement’

When discussing the measure to defund the Roxy, Councilperson Joe Shakeenab explained that some of the language in the ordinance itself seemed inaccurate.

“One thing that I want to note up front is the last whereas: ‘Whereas members of the Roxy’s Board of Directors resigned in protest as its own executive committee cleared the theater’s director of any wrongdoing.’ That’s an incorrect statement. Different actions were taken,” he said.

Shakeenab later asked Knight if she thought the language in the ordinance was accurate.

“I don’t think there was a clearing of wrongdoing. I think there was a reprimand, and I think there was corrective action. I think that (Roxy) management became aware of a situation, they swiftly and adequately investigated that, and they corrected it as necessary,” Knight said.

Shakeenab then asked the attorney what pulling funding from the Roxy would solve.

“I don’t believe that the pulling of funding would solve anything, and in fact, if anything, I think it would send the wrong message. Anyone can file an employment complaint,” Knight said. “I think it would be wrong to make that choice based on something that has been closed.”

Following the discussion, Butler said she had no problem amending the “whereas paragraph” in the ordinance.

The council will vote on the measure this Thursday, Feb. 2, at the regular council meeting at 6 p.m. at One Public Square.