City Attorney Spencer Faces Inspector’s Call For Ouster, Likely Violation Of Discrimination Law

City Attorney Tearman Spencer speaks at a press conference Oct. 29, 2022. Photo by Jeramey Jannene.

City Attorney Tearman Spencer finds himself in a growing amount of hot water with city and state officials, and possibly criminal prosecutors.

A state equal rights officer determined there is “probable cause” that the elected attorney violated state labor law by effectively forcing Naomi Gehling out of the City Attorney’s Office after she reported that Spencer had touched her inappropriately. The case is scheduled to go before an administrative law judge in April.

Additionally, the Common Council’s Inspector General Ronda Kohlheim is recommending Spencer and deputy attorney Odalo J. Ohiku face criminal and administrative charges for knowingly allowing Ohiku to work on private cases while he was on the clock with the city. Kolheim, in a 57-page report, also recommends Spencer be removed from office by the Common Council. The council’s Judiciary & Legislation Committee is scheduled to review the report on Monday.

Spencer, meanwhile, faces a reelection bid in early April, just weeks before the administrative law hearing. He has yet to file paperwork to seek reelection. State Representative Evan Goyke filed to challenge Spencer in late 2022 and has been actively campaigning for months.

The initial Gehling incident occurred in July 2020, just months after Spencer was first elected. Gehling, then assistant city attorney, accused Spencer of placing his hand on her knee during a meeting and Spencer has denied any wrongdoing. Gehling, who now is the chief of staff at the Fire & Police Commission, reported the matter internally and ultimately, in January, to the Wisconsin Department of Workforce Development. She said after reporting the matter internally, she was “ostracized and mistreated by the City Attorney.”

“It appears that [Spencer] may have more harshly scrutinized [Gehling’s] performance after she opposed discrimination,” wrote DWD equal rights officer Leticia Daley in a written finding that was first published by Dan Bice and Alison Dirr on Wednesday. “There is probable cause to believe that [Gehling’s] sex and her report of unlawful discrimination were factors in her discharge.” Daley found that it appears Gehling suffered a “constructive discharge,” a legal argument that the resignation was effectively forced

An administrative law judge will review the case for probable cause on April 23 and 24. The matter could also be settled or pursued in federal court.

Daley did reject complaints from Gehling, who is represented by attorney Peter Fox, that she was discriminated against following her discharge and disallowed her claims that were more than 300 days old, as state law requires. Fox, in writing to DWD, indicated the post-employment discrimination claim would be appealed. Outside attorney Daniel Finerty is representing the city, though the nature of his hiring was itself subject to an internal process issue.

The City Attorney escaped an earlier city Department of Employee Relations investigation triggered by complaints by Gehling and five other attorneys, but only because the investigation halted when it was determined the city’s anti-harassment policy didn’t apply to elected officials. The loophole was since fixed.

The Inspector General report carries no immediate legal impact, as Kohlheim’s position serves as an independent watchdog under the council. Spencer had previously given statements that Ohiku was winding down his outside work within six months of his hiring, but Kohlheim analyzed timesheets and court records to determine Ohiku continued to work on outside cases, sometimes while on the clock. She also concluded that Spencer was aware of the abuse and made false statements to the council and media about it. The report recommends additional changes to the city’s ethics policy. The matter is scheduled to be discussed Monday.

Spencer still faces claims from other former attorneys. Christian Thomas was a newly-hired attorney in 2021 who announced his resignation via an open letter that accused Spencer and a former deputy of issuing a politically-motivated, retaliatory directive against Gehling. He now has an open claim against the city and also submitted a affidavit for Gehling’s state claim. Jennifer DeMaster was fired less than a week after she appeared on a Russian state-controlled television network to defend Vladimir Putin and has since filed a discrimination claim against the city. Nicholas Zales, who was terminated in 2022 in the same window as DeMaster, also has an open claim against the city.

The city has authorized up to $50,000 for outside attorneys on the Gehling claim. It has authorized an additional $20,000 each for initial defense on the Thomas, DeMaster and Zales claims. Council members have warned that the total expense could be much larger if the city is asked to settle the claims.

Is Spencer planning to run for reelection?

“The only thing I am planning to do is have a good Thanksgiving,” said Spencer in a brief interview.

He said Ohiku and other employees are responsible for entering their own time in a computer system.

Spencer has previously denied wrongdoing and suggested he has been unfairly targeted by supporters of longtime City Attorney Grant Langley, who Spencer unseated in 2020.

A copy of the Inspector General’s report is available on Urban Milwaukee.

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Related Legislation: File 231045