How Will Council Handle Scathing Report on City Attorney?

City Attorney Tearman Spencer speaks at a Oct. 7, 2021 press conference. Photo by Jeramey Jannene.

An investigation into the private practice of deputy city attorney Odalo J. Ohiku and the oversight of City Attorney Tearman Spencer is ongoing, but council members have begun their discussion of what to do about a report from Inspector General Ronda Kohlheim that says Ohiku was representing private clients during a few weeks in which he was paid $5,766 for his city job.

Kohlheim presented her initial report to the council’s Judiciary & Legislation Committee Monday morning, and revealed that she’s investigating further private court appearances by Ohiku that occurred in September and earlier this month.

“A number of circumstances hindered my ability to advance through the investigation, including obtaining a response from the City Attorney and Mr. Ohiku,” said the council’s independent investigator. She said the two would only communicate with her via email and with notable delays. Spencer, she said, gave conflicting responses.

The tip to investigate the matter was provided to Kohlheim in June 2022. But the investigation stretches back to 2020. Spencer publicly said he had given Ohiku six months to wind down his private work, but wouldn’t commit that had happened in 2021 and Kohlheim said court records show he continues to represent clients. Ohiku, as shown in the meeting Monday, continues to appear on his law firm’s website.

She preemptively emphasized that her report is not intended as a political hit. “The release of this report is in no way a political conspiracy to undermine the upcoming 2024 election,” said Kohlheim.

The report is dated July 28, but she said Milwaukee County District Attorney John Chisholm asked her not to immediately release it. It was released publicly last week and also provided to Odalo and Spencer.

Kohlheim said it is her belief that both Ohiku and Spencer have committed “misconduct” and violated various city ethics rules and state policies, but confirmed under questioning from the council that she is not an attorney. “I’m making a referral, that’s all I do,” she noted. She also said she didn’t know how long his court appearances were and city office access records only go back 30 days, so she was forced to estimate that he was clocked in for 88 hours of work, but was instead representing private clients in court houses across southern Wisconsin.

“He indicated he used flex time, so there was no deficit in city work hours,” she said, but noted that Spencer told her that policy does not apply to deputy city attorneys, who manage a team of assistant attorneys. Spencer is implicated in the entire matter for his approval of Ohiku’s timesheets and allowing Ohiku to continue working despite his alleged conduct in violation of different city ordinances.

Alderman Michael Murphy moved that the city advance the recommendations in the report, but that doesn’t set up any immediate action. In an interview, Murphy said he was most interested in ordinance changes. Kohlheim’s report suggests revising the city’s ethic code and associated practices as well as explicitly prohibiting deputy city attorneys from outside practice, in line with the elected city attorney. Ohiku’s reports, said Kohlheim, do not reference any income or association with his outside practice.

Kohlheim also called for the council to consider acting on removing Spencer from office for misconduct. But Murphy said he doesn’t support that at this time. “It’s just not practical with the election so soon in April,” he told Urban Milwaukee.

Spencer has yet to declare for reelection and told Urban Milwaukee last week that he is focused on having a good Thanksgiving. State Representative Evan Goyke has already declared and is actively campaigning for the nonpartisan office.

The City Attorney, first elected in 2020, already faces a state sexual discrimination case where an investigator recently found “probable cause” that Spencer’s conduct led effectively forced an attorney to resign.

An issue with any council ordinance or ethics changes is who can advise them. The council would normally explore such changes with its attorney, but that attorney happens to be the same office that is under investigation. Council President José G. Pérez lamented Monday that a prior proposal to allow the council to hire its own attorney failed. The council could eventually hire an outside attorney to represent its interests.

Neither Ohiku nor Spencer appeared at Monday’s hearing.

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

Related Legislation: File 231045