Tearman Spencer Attacks Robert Bauman

There may be no two people in City Hall more at odds, and willing to publicly say so, than City Attorney Tearman Spencer and Alderman Robert Bauman.

The alderman has been one of the most outspoken council critics of Spencer since the attorney was elected in 2020. Bauman, a licensed attorney, was also critical of the City Attorney’s Office under Spencer’s predecessor Grant Langley.

But Langley never held a press conference to attack Bauman. Spencer did just that on Monday.

The City Attorney, ostensibly Bauman’s attorney by virtue of their positions, had broad criticism for the alderman.

Spencer reiterated his early 2021 assertion that Bauman’s negotiation of an amendment to a tax incremental financing agreement for The Couture tower was illegal and violated both city and state ethics law.

Bauman, in exchange for a liability shield for the developer that the Department of City Development was already recommending be granted, added a $100,000 contribution by the developer to the nonprofit MKE United anti-displacement fund. His colleagues unanimously backed the amendment.

“I have and had many concerns about illegalities,” said Spencer at City Hall. He alleges the agreement violates the equal protection clause of both the Wisconsin and U.S. constitutions, the Wisconsin Constitution’s uniformity clause for property tax regulations, state statute 66.0617 as an unlawful impact fee and is “an unlawful exaction under the unconstitutional conditions doctrine.” He said Bauman did not need to personally benefit to run afoul of the law.

But it seemed like that issue was largely behind the two. A mediator, retired judge Chuck Kahn, was hired by mutual agreement for an up to $50,000 fee to decide who acted appropriately  The developer contribution was placed in escrow. The council hired attorney Michael Maistelman to represent itself for up to $50,000.

But Kahn had to recuse himself after filing a claim against the city stemming from a November leak in a city-owned water main that damaged a downtown office building he owns.

Bauman is now proposing to drop the grand bargain to spend up to $100,000 to determine who was right on a $100,000 contribution.

Spencer said Bauman’s proposal to drop the measure is “an attempt to skirt the issues of illegality and skirt The Couture matter under the rug.” He is backing a proposal to have retired federal judge Charles Clevert serve as mediator.

Acting Mayor Cavalier Johnson said he favors resolving the matter as planned. A council committee will consider the proposal to shelve it on Tuesday.

But Spencer is also poised to seek legal action. He said he will contact the U.S. Attorney General, Wisconsin Attorney General, and Wisconsin Ethics Commission regarding Bauman.

“Let me tell you. This illegal activity must stop. We must bring awareness to it and stop it,” said Spencer.

Then Spencer pivoted to being critical of Bauman for something he serves as Bauman’s attorney on: a 15-year-old lawsuit related to the closure of an embattled housing facility for those with disabilities.

A jury found Bauman guilty of defamation on Thursday and gave a $1.4 million award to the plaintiff. But Bauman, who is directly represented by outside counsel at this point, intends to appeal the decision.

“It comes to a point when repeated behavior to continually bully, to exert yourself past your authority, and when it costs the city and the taxpayers, something must be done,” said Spencer.

The City Attorney said the $1.4 million cost, which the city doesn’t owe unless it decides to not challenge the verdict, isn’t all that Bauman has cost taxpayers.

“We have some investigative reporters here. Report, investigate. You’ll see that over the years many, many projects and decisions made by Alderman Bauman into millions of dollars for taxpayers,” said the City Attorney. “When I speak, I’m only going to speak facts to you.”

He said Bauman was behind a $1.9 million Boston Store/Bon-Ton Stores, Inc. subsidy that went bad when the company went bankrupt in 2018. And yes, Bauman did vote for it in 2017, as did every single one of his colleagues, but it was the Department of City Development that proposed it. And regardless of who was behind it, only $600,000 was spent and the building is now being redeveloped as HUB640.

The alderman, said Spencer, also cost taxpayers money when he pushed to purchase a gas station at 714 N. 27th St. (2630 W. Wisconsin Ave.) in 2014. Bauman had sought for years to close what he perceived as a nuisance establishment that hurt the neighborhood’s development potential.

“That movement by Alderman Bauman cost the city somewhere in the neighborhood of a $1 million,” said the attorney.

Not quite.

The city originally proposed to purchase it for $1 million in 2012. But delaying the purchase for two years resulted in the price dropping to $680,000. The later acquisition was backed by City Development Commissioner Rocky Marcoux, who had originally opposed it, and the entire council.

Yes, as Spencer claimed, the lot is still vacant, but a new hotel is being developed across the street in a former school and the state is pursuing a new office building kitty-corner from the site.

Spencer’s criticisms weren’t limited to just Bauman. He attacked the council’s successful effort to limit his review authority, something council members said he misused on The Couture deal. The attorney was also critical of a failed proposal to strip his office of a position to fund an attorney directly for the council.

“I can only assume other attempts by other council members to circumvent the City Attorney’s Office was to continue to engage in wrongful behavior of this sort,” said Spencer. “I urge the council to police themselves.”

The council has been critical of Spencer for his conduct regarding employee harassment, the turnover in his office and the cost of outside attorneys. Spencer has attributed much of it to people being uncomfortable with a new Black leader.

Spencer also was critical of the media, namely Urban Milwaukee and the Milwaukee Journal Sentinel, on Monday after this reporter asked if Spencer was undermining his client (Bauman) by being openly critical of him. “Absolutely not,” said Spencer.

He first named the media as an entity inhibiting him in October 2021 and promised to produce a report card on his office’s performance in a one-on-one interview with any outlet that asked. Urban Milwaukee attempted to obtain the report card interview on multiple occasions, including again on Monday, but has not received a response.

Spencer, via assistant city attorney Gregg Hagopian, distributed his written complaint against Bauman after concluding his remarks.