Spencer Faces Sex Discrimination Claim

City Attorney Tearman Spencer faces a new state Equal Rights Division complaint from former assistant city attorney Naomi Gehling for sexual discrimination. He also appears to have inappropriately hired an outside attorney to defend himself.

Gehling, who now works for the city as chief of staff to the Fire & Police Commission, alleges Spencer touched her inappropriately and created a “toxic and uncomfortable” workplace. She previously disclosed that she was the once-anonymous attorney that accused Spencer of placing his hand on their knee during a meeting in July 2020, one of six attorneys to file a complaint with the Department of Employee Relations (DER), which launched an investigation. The new complaint to the state by Gehling alleges that after she reported the incident she was both mistreated and ostracized, and that Spencer sought to reassign her to an “undesirable” position.

Gehling left the City Attorney’s Office in April 2021, a year after Spencer was first elected. In her resignation form, she said she was taking another city job and “fleeing the toxic and hostile work environment that was created in the City Attorney’s Office in the last year.”

That month, before a Common Council committee, Spencer said the accusations were “false” and “unfounded.” He attributed the issue to a Black person taking a position of power and wanting change.

But DER director Makda Fessahaye, who is Black, said that the investigation of Spencer found problems and only ended because the city’s anti-harassment policy was found not to apply to elected officials (a loophole since fixed). Gehling also identifies as Black and there are accusations that Spencer targeted her even after she left the City Attorney’s office.

Assistant city attorney Christian Thomas, who inherited much of Gehling’s work load after he was hired following her resignation, accused Spencer and deputy city attorney Yolanda McGowan of an “intolerable abuse of power” in assigning him to write a memo detailing Gehling’s failings.

“Mr. Spencer’s request immediately struck me as politically motivated, retaliatory and inappropriate,” wrote Thomas in an October resignation letter widely shared around City Hall.

Thomas’ claims are now part of Gehling’s complaint, which argues Spencer sought to denigrate her work.

Gehling’s state complaint was filed in January, but was revealed over the weekend following another twist involving Spencer.

“The filing came on the heels of learning that a new assistant city attorney had been tasked with disparaging Naomi’s work,” said Gehling’s attorney Peter Fox via email. “This revelation was the proverbial last straw.”

In a letter written and released to Urban Milwaukee on Friday, Fessahaye ordered outside attorney Daniel J. Finerty of Lindner & Marsack to suspend his work defending Spencer.

“Based on the conversation that took place between you and I [on Thursday], it appears that there is a material and real conflict on your representation of the City of Milwaukee’s interests as an entity and the City Attorney Tearman Spencer’s interest as an individual,” wrote Fessahaye, a non-practicing attorney.

Spencer, wrote Fessahaye, “inappropriately retained” Lindner & Marsack when he failed to secure approval of the Common Council to hire an outside firm. The council has granted such an approval multiple times during Spencer’s ensure, but often publicly questioned why such hirings are necessary.

The City Attorney has also created a structure of oversight that has conflicts. Deputy city attorney Todd Farris, who joined the department in the past year, worked for 31 years in a firm that Finerty’s father John Finerty founded (Friebert, Finerty & St. John). Because Farris is an at-will employee he has no rights to civil service protections and can be fired without explanation, an additional potential conflict.

Fessahaye warned that the city’s interests and Spencer’s interests may not align, and that a written plan needs to be prepared to deal with that potential ethical conflict.

“Finally, you are directed to cease any decision making surrounding this matter until the aforementioned issues are appropriately addressed to the mutual satisfaction of the Legislative and Executive Branches of the City of Milwaukee,” wrote the city’s human resources director.

While the city sorts out who is defending Spencer, state officials will investigate the complaint to determine if there is probable cause to continue. Gehling could pursue the matter in court or let the state investigation conclude with a discrimination hearing.

The City Attorney’s Office has been subject to high turnover in recent years. A total of 24 attorneys have left through resignation, termination or retirement. Spencer first said it was an exodus of loyalists to 36-year incumbent Grant Langley, but in October 2021 he added the media, Common Council and low pay as additional reasons people are leaving.

Last month, the City Attorney alleged that multiple city elected officials face criminal investigations, but declined to specify who, or for what.

Spencer did not respond to a request for comment.