A month before his resignation, Tennessee’s Commerce and Insurance Commissioner Hodgen Mainda was investigated for sexual harassment — including allegations of unwelcome sexual advances and touching.
According to the investigation summary report, obtained by WPLN News via a public records request, the state’s Department of Human Resources’ general counsel started investigating the complaint on Sept. 15.
An investigator found insufficient evidence to substantiate the allegations made against Mainda by an employee of the Department of Commerce and Insurance. But they referred the matter to Gov. Bill Lee’s office on Sept. 23 for “review and appropriate handling.”
Mainda announced this week he was stepping down from his role. In a resignation letter he said he had “an opportunity to transition to the private sector.”
“The governor is aware of the investigation and has accepted the commissioner’s resignation,” Laine Arnold, Lee’s communications director, told WPLN News Friday.
According to the investigation, the employee said that during a work-related conference in Florida in February 2020, Mainda “rested his hand on her rear end while at a bar.”
The accuser says that Mainda allegedly invited her into his hotel room “multiple times despite her denying his request on several occasions, and kissed her on three occasions while outside his hotel room.”
More: Read the investigator’s summary
Attorney Ben Rose, who is representing Mainda, declined to comment.
According to the investigation, Mainda didn’t recall this occurring and denied “any inappropriate conduct on his part during the conference.” No other employees of the Tennessee Department of Commerce and Insurance were at the conference, and the report says no other witnesses reported inappropriate behavior from Mainda.
According to the report, the employee told at least one other person, but he didn’t report it — instead, he encouraged the accuser to report the incident. An investigator found that person violated the state’s sexual harassment policy by not reporting the incident himself.
Mainda has been leading the department since October 2019. Prior to that, he served as the vice president for community development at the Electric Power Board in Chattanooga.
He was also in charge of Gov. Lee’s Law Enforcement Reform Partnership, which was tasked with making recommendations regarding policing.
His departure comes at a busy time for the agency, since it oversees the state’s health insurance marketplace. The open enrollment period starts on Sunday.
Mainda’s last day, according to his resignation letter, is Nov.13.
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