golden state warrior star monta ellis is facing sexual harassment charges. the woman accusing him held a news conference this morning. good morning i'm cheryl jennings. and i'm kristen sze the woman was an i of the organization. she says ellis sent dozens of sexually suggestive texts. >> katie marzullo is live with more on the stunning accusations. >> reporter: the sexual harassment lawsuit was officially filed this morning. it does accuse star guard monta ellis of sexual harassment. the suit names the warriors'

organization for covering up the harassment and for the wrongful termination of the accuser. we met her this morning at the news conference at her attorney's office. she is erika smith. she is in her 30s and she was working in the community relations department for the warriors. she has worked for three nba teams in her 14 year career. smith says ellis sent her dozens of texts that were inappropriate and harassing. she says her responses were always professional. at some point during this ellis actually had smith reprimanded. he said she wasn't doing her job. shortly after that that, she says he sent her a text photo that he claimed was of his genitals. we saw it in the news conference today. the attorney want today to make sure we understood it was not a frivolous lawsuit. we are not going to show it is not suitable for television. smith says the texts were known to the warriors. when the story started getting

out, she was fired if. >> i worked with the players i had billing action with the players. >> texts were not work-related. the texts were unwelcomed and harassing. most of the texts were sent late at night or in the wee hours of the morning. we have evidence here to show you the texts started with the phrase "hey sexy." >> reporter: smith's attorney is not disclosing how much money they are looking to get out of this lawsuit. he does say his client erika smith is unemployed. she doesn't have health republicans. she has no benefits and she has -- health -- she has suffered emotional distress. the warriors said they would have no comment until they saw the lawsuit. i called in the last 20 minutes he has not returned that call. katie marzullo, abc7 news. oakland mayor quan is calling for an investigation into the police response to

occupy oakland protesters. the mayor announcing the appointment of an independent investigator. amy hollyfield joins us from oakland with the story. >> reporter: the mayor says she not afraid of this investigation. that city officials want it that it is essential in their effort to balance the civil rights of the citizens and community policing. protesters have been critical of how police responded on october 25th and november 2nd. police used tear gas and bean bags on the occupy oakland crowd. questions have been raised about whether the force was within department policy. now an independent auditor will look into that. mayor quan was out of town the night of the first confrontation. she says she was surprised by how it turned out. >> when i came back from washington that night and turned on my cell phone and my daughter said stop the tear gas. i was like what happened? it was clear -- it was -- it

was clear we knew we to have to look at what happen. >> if these investigations reveal wrongdoings on the part of our officers i'm committed to taking swift and fair disciplinary actions. i'm confident that a full airing of facts will will be constructive for the police department and the community we serve. >> reporter: comment -- thomas frazier will lead the audit team he worked for the san jose police department. working with him retired officers from l.a. and san jose. and a retired captain from the united states daughter. the team s the -- united states coast guard. the team predicts it will take three months and cost oakland up to $100,000. times are tough with the budget. but offs say how can we afford not to do this -- but officials say, how can we afford not to do this. they will look at the

recommendations and decide whether they need to make policy changes at the police department. amy hollyfield, abc7 news. a very dire warning today for the port of oakland from four major retailers, target, , jc penney and crate & barrel telling port commissioners they are prepared to bypass oakland if local authorities cannot control the occupy situation. retailers say they will ship their goods to los angeles instead. currently, 40% of their imports move through the port of oakland. the threat is a week after a protest shutdown the port for 24 hours. last night the city council delayed a vote on a resolution calling for police to use all legal minutes to prevent future port protests from stopping business at the port. four thousand nurses set to hold a one day strike tomorrow over failed contract talks with the sutter health network. nine hops are affected more than half the nurses work in berkeley and -- oakland.

hundreds of replacements have been hired. hospital management pledges to lock out nurses who strike. nurses were locked out five days in september after a similar one-day strike within patient died after being treated by a replacement nurse during that walk-out. president obama called john boehner and harry reid urging them to resolve the payroll tax cut standoff calling on boehner to bring the house back into session to pass a two month extension of the cuts overwhelmingly approved by the senate saturday. >> the president reiterated the need and his commitment to work with congress to extend the payroll tax tort entire year. the fact that the short -- the short term bipartisan compromise passed by almost the entire senate is the only option to ensure middle class families are not hit with a tax hike in 10 days. >> today harry reid urged boehner to allow a vote which

house republicans have blocked from happening. boehner insists the senate needs to act. >> all we are asking for is to get the senate members over here to work with us to resolve our differences so we can do what everybody wants to do. >> if the deal does not happen by the end of the year middle class americans will not only lose $1,000 tax cut they will have taxes raised by that amount instead. california's attorney general has filed lawsuits against two mortgage giants demanding the companies respond to questions. harris has been investigating freddie mac and fannie mae's have in 12,000 foreclosed props in the state where the companies were acting as landlords. suits ask them to respond to more than 50 subpoenas that demand the companies identify homes they foreclosed on. freddie mac and fan any representatives say they --

fannie mae represents say they don't comment on active lawsuits. why the simple smooch was the first for a woman in uniform. protecting passengers from pilots. new government rules meant to keep everyone's eyes open in the skies. a family's holiday travel plans are grounds. why they say the size of their family had

the faa issued tough new

rules today aimed at pilot safety. designed to keep pilots from flying while dangerously fatigued. three years after the deadly crash of a plane flown by two exhausted pilots. >> reporter: transportation secretary lahood says these new rules will require more rest for pilots and therefore, more safety for passengers. these new rules have been consideration for many years. a deadly crash three years ago finally provided the impetus to make the changes. in february of 2009 continental connection flight 3407 crashed near buffalo, killing all 49 onboard. neither pilot had slept in a bed the night before. one had just arrived in newark after a cross country flight. both could be heard yawning on the cockpit voice recorder. the rules announced this morning are designed to prevent that. >> this is a big deal because for 25 years people have been talking about this and haven't done a dang thing about.

and we have. >> reporter: the new rules require a pilot to have eight hours of uninterrupted sleep before a flight. place new limits on flight hours weekly and monthly. ensure pilots have more off-duty hours per week. give airlines more flexibility to adjust scheduling and require fatigued pilots to inform carriers of their condition. researchers say fatigue impairs a person's performance by slowing reflexes and eroding judgment. >> safety is our number one priority. always has been and always will be. the american people have entrusted us with the solemn obligation of preventing accidents. our charge above all else, is to save lives. >> reporter: last year an line trade association estimated the changes would cost the industry two billion dollars per year the faa says it will cost airline companies 300 million over 10 years. cargo airlines are exempt from the new rules. the faa says because they would have oscar get carriers

214 million dollars. >> i want them to -- understand what the rules says and i want them to adopt it voluntarily. >> reporter: we call the pilots' association for comment but have not been heard back. the national transportation safety did not site fatigue as a contributing factor that that crash in buffalo. a north carolina family now claims it was kicked off a us air ways flight for having too many young children. they have four children, 3-year-old, 20-month-old twins and 8-month-old son. they bought three tickets to chicago last thursday to visit grandparents. children under two didn't need tickets. when they got on the flight the problems began. first the couple says they were asked to change seats. then the flight attendant told them another adult had to hold one of their children because

they had three under two. a first class passenger offered to purchase another ticket for the family to get the flight moving. the airlines wouldn't allow that. >> we kept trying to comply. we already held up the plane for 40 minutes, 50 minutes at this point, we didn't know why because we kept doing what they asked us to do. >> from the gate, checking in, to -- nobody at any point said anything all of a sudden sitting on a plane and 40 minutes later not being able to fly home for the holidays. >> according to us airways website the policy says an infant doesn't need a ticket for a seat and can sit on adult's lap. that policy does specify only one ticketless infant per traveling adult. it would be nice if that could be made more clear >> nothing confusing about mike nicco's forecast. >> needs to be clear as far as the air goes pretty hazy out there another spare the air day. it looks like the national

weather service will issue a freeze warning for the north bay valleys, the coldest nights are ahead of us. we'll faulk about it. he's been working -- working on wall street since before the great depression and he isn't slowing down. hear what this 106-year-old stockbroker says has changed on wall street. a beautiful life, the rose man with a perfect attendance record after 33 years on the job.

britain's prince harry will be returning to afghanistan for a second deployment. the 27-year-old will return sometime next year. the third in line to the throne served as a battlefield air controller in afghanistan for 10 weeks in december 2007 but was sent home early after details of his deployment were released. harry told the british newspaper he can't wait to get back out to afghanistan. >> third in line for now could be fourth soon come william's

baby, when that happens. >> do we know something? >> no. just like everybody watching and waiting. >> exactly. meteorologist mike nicco keeping an eye out for rain. >> it is finally in the forecast about a week away something could change by then we'll hold out hope we get some so it will clean the sky of all this pollution as we look from mount tamalpais to the marin head lands to ocean beach looks kind of neat i love the ing hills and the haze. unfortunately, a murkier picture -- if vollmer peak towards mount diablo most not shown because of the thick fog and haze. we have a spare the air our worst air quality now in vallejo. you can see some of the tule fog still hanging around delta communities into the central valley. right now fairfield still less than a quarter mile visibility. concord one mile that will continue to improve, everybody else seeing rapid increase in

sunshine now. still 39 in fairfield, concord, 43 antioch, upper 40s santa rosa, napa fremont low to mid 50s the rest of the bay shore and south bay 61 in half moon bay around monterey bay and inland low to mid 50s except for monterey at 58. highlights, we are going to have hazy sunshine, spare the air until midnight try not to burn the wood you may have to pay a hefty fine. winter officially starts 9:30 this evening astronomical winter, it will bring a chance of rain tuesday, wednesday of next vvzuñ today you can see where the fog is thickest that's we are in the mid to upper 50s there. upper 50s hercules, richmond low 60s for the east bay shore low 60s throughout the south bay most of the peninsula until you get to millbrae at 59, 62 today half moon bay. near 60 downtown san francisco

mid to upper 50s north bay coast low to mid 60s in year valley. other than carmel at 58 most of the monterey bay low to mid 60s as is your inland neighbors. upper 50s mid to upper 50s because of the fog in most of the central valley chico sun and 60 no snow in tahoe they stopped taking daily measurements at least they are not posting the snowfall online december 8th, was the last time we had any report of snowfall from the sierra as far as the measurement go. look at all the widespread 20s inland weather service going to issue a freeze warning for the north bay valley watch out for the pets, plants and pipes. high pressure sandwich still have the jet stream going well north strong blocking ridge keeping any chance of rain out. right now this is the second driest december in san jose, third driest december in san francisco that will continue through at least monday temperatures may drop a few degrees, watch out for

freezing temperatures in our valleys the next couple of nights. you are about to meet a 106-year-old stockbroker who has been working on wall street since before the great depression. he was born december 19, 1905. he rang the opening bell on the new york stock exchange on his 100th birthday that was six years ago. he says 83 years ago it was designed for banks, insurance companies, railroads or public utilities. today it is for everybody. he goes to the office everyday and watches the stock market as an investor. >> you didn't always have bloomberg terminals, right? >> no, i was very lucky to be born i was in time for a lot of new technologies, radio, television. >> do you have a cell phone now? >> yes, i do. i don't use it much except to remind myself what my number

is. >> so cute. that's his new technology there. he has no plans to retire yet. he says his son says it is hard for him not to go to work everyday knowing how long his dad on-the-job. a gardner at mission college in santa clara is retiring today after 33 years on-the-job with a perfect attendance record. six -- 63-year-old john leon is known as the rose man. has never missed a day of work. they held a lunch for him last week praising his worth ethic and pruning skills. he's getting treatment for weigh calls a serious illness. he -- he says if your roses aren't looking the best it is because they've been over-watered. we all wish him well. >> wise words. still ahead, a picture of

a kiss to mark a long military tradition. the simple smooch that is now a part ♪ [ ukulele strumming ]

♪ [ folksy whistling ]

[ man ] quitting is a fight you can't let yourself lose. it can take many tries. but keep trying, you will beat smoking. honey, you okay? yeah, i'm fine. ♪ [ ukulele ] history was made today when two women sailors became the first same-sex couple to share the first kiss on the dock. >> petty officer got off the ship after 80 days at sea and

gave a kick -- a quick kiss to her partner. she walked off the ship -- she bought 50 worth of tickets the money goes toward a holiday party for sailors children. thanks for joining us today. >> who wants to be a millionaire is next.

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