Another Former Assistant City Attorney Files Discrimination Claim

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

The City of Milwaukee now finds itself as a defendant against discrimination claims from at least four former attorneys who worked in City Attorney Tearman Spencer‘s office.

The Common Council has authorized up to $60,000 in initial outside attorney defense costs, and another $20,000 allocation is now pending.

Nicholas Zales is the latest former employee pursuing a claim. Zales was terminated nearly a year ago while working under probationary status as an assistant city attorney. He now has a pending Wisconsin Equal Rights Division claim and a federal Equal Employment Opportunity Commission claim against the city.

Zales was terminated alongside fellow probationary attorney Jennifer DeMaster. She 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.

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. He now has an open claim against the city.

The person that Thomas alleged Spencer was seeking to retaliate against was Naomi Gehling, the fourth attorney with an open claim. Gehling, prior to Thomas’ hiring, resigned from the City Attorney’s office for a job as the chief of staff in the city’s Fire & Police Commission.

In each case, the city will pay an outside firm up to $20,000 as an initial defense.

“The outside counsel is necessary due to conflicts within our office,” said deputy city attorney Robin A. Pederson in briefing the Judiciary & Legislation Committee on the Zales’ defense funding request Monday morning.

The committee unanimously endorsed the latest agreement without discussing it.

But in November, when it reviewed paying for the defense against Thomas and DeMaster’s claims, members were explicit in their frustration.

“That speaks volumes about the office,” said Alderman Michael Murphy.

“I can never recall where the city attorney has been sued like this,” said Ald. Mark Borkowski. “This is outrageous.”

Ald. Robert Bauman, an attorney, warned it might be the tip of the iceberg.

“I think we will have this discussion in earnest when we begin debating whether to settle these claims,” said Bauman. But he also cautioned that anyone could sue at any time about anything.

Spencer hired Chicago-based MWH Law Group and its partner Emery Harlan to defend the DeMaster and Thomas claims. The firm will also get the Zales claims.

In November, Pederson said the city was getting a favorable rate. It is paying $250 per hour for a partner, $230 for an associate and $125 for a paralegal, all billed in six-minute increments.

That rate has now increased.

The contract for the Zales defense calls for a $270 per hour partner rate, $250 per hour associate rate and $150 per hour paralegal rate.

Gehling’s case is being defended by Lindner & Marsack. Partner Daniel J. Finerty is to be billed to the city at $350 per hour in eight-minute increments, any associate attorney at $275 per hour and a paralegal at $100 per hour.

The defense against Gehling’s case has drawn controversy.

Spencer unilaterally hired Finerty prior to the council’s approval. In March, then city-HR director Makda Fessahaye ordered Finerty to suspend his work because of her concerns regarding potential conflicts of interest.

Deputy city attorney Todd Farris, who joined the department in 2021, 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 right to civil service protections and can be fired without explanation, an additional potential conflict.

Fessahaye, a non-practicing attorney, warned that the city’s interests and Spencer’s interests may not align, and that a written plan was needed to deal with that potential ethical conflict.

The revised structure of the agreement, approved by the council in May 2022, has the outside counsel report to the Common Council and the judiciary committee chair.

An open file in the city legislative system would increase the limit to $40,000. The judiciary committee held the increase in July.

The full council must still approve the latest outside counsel agreement for the Zales’ claims.

Since Spencer took office in 2020, more than two dozen attorneys have resigned or been terminated. The office is authorized to have approximately three-dozen attorneys.

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Related Legislation: File 221624