City Attorney Tearman Spencer likely forced out staffer who said he touched her inappropriately, state finds
This story was republished Jan 14, 2024, to make it free for all readers.
A state investigator has found "probable cause" to believe Milwaukee City Attorney Tearman Spencer violated state labor law by effectively forcing a female attorney out of his office after she reported that he had touched her inappropriately.
Former Assistant City Attorney Naomi Gehling filed a discrimination complaint last year with the state Department of Workforce Development's Equal Rights Division. In it, she alleged she was "ostracized and mistreated" by Spencer after she informed a deputy city attorney and human resources staffer of the incident. She also accused him of creating a "toxic and uncomfortable" workplace for her.
Gehling previously disclosed that she had accused Spencer of placing his hand on her knee during a meeting on July 23, 2020, just months after he took office. Spencer has denied any wrongdoing.
In her preliminary finding, Leticia Daley, a state equal rights officer, said Gehling's resignation in April 2021 appears to be a "constructive discharge," meaning Gehling felt she had no option but to resign because of her "sex and her report of unlawful discrimination."
Gehling is now the deputy director for the city Fire and Police Commission.
"It appears that (Spencer) may have more harshly scrutinized (Gehling's) performance after she opposed discrimination," Daley wrote.
An earlier city Department of Employee Relations investigation into allegations by Gehling and five other staffers found that Spencer was not bound by the city's anti-harassment policy because he is an elected official.
Daley said in her May 15 report that Gehling probably felt she couldn't file another discrimination or retaliation complaint against Spencer with the city given its inaction the first time.
"Additionally, it is believable that (Gehling) felt that her performance would continue to be more harshly scrutinized if she did not resign," Daley wrote.
If Gehling and the city don't settle, her complaint is scheduled to go before a state administrative law judge on April 23 and 24 — three weeks after Milwaukee voters are to decide whether to re-elect Spencer.
Spencer, who is in his first term, has not said if he is running for re-election on April 2. Already in the race is state Rep. Evan Goyke (D-Milwaukee).
Gehling also has the option of taking the matter to federal court, where she could collect punitive damages. Keeping the case with the state, however, might be quicker.
Daley dismissed parts of Gehling's claim, saying Gehling had waited too long to include allegations from the bulk of her employment under Spencer. The dismissal stemmed from Daley's conclusion that Gehling had failed to file her complaint within 300 days of the incidents behind these claims, as required by state law.
Also rejected was Gehling's charge that Spencer continued to retaliate against her even after she had quit working for him. In her complaint, Gehling noted that a new assistant city attorney, Christian Thomas, was told by Spencer to write a memo documenting Gehling's errors in previous cases. Thomas resigned and never wrote the report. He gave an affidavit in August 2022 attesting to the account he had previously given publicly.
"It does not appear that (Gehling) suffered any adverse employment action after her discharge," Daley wrote.
Gehling's attorney, Peter Fox, has indicated in legal filings that he is appealing this decision about post-employment retaliation. It is not clear when this appeal would be heard.
Reached Monday, Fox declined to comment.
Spencer has denied having touched Gehling.
On Tuesday, he said he hasn't been following the case but is confident the city will win. "I don't give any credence to any of it. I expect the outcome to reflect that."
Attorney Daniel Finerty, who is representing the city, declined to comment.
Gehling's complaint and the findings by the state investigator are contained in the 259-page state Equal Rights Division file obtained via an open records request.
High staff turnover has marked Spencer's tenure
Spencer became the center of controversy soon after his election in April 2020.
His staff, including his own appointees, started leaving in droves, which he blamed on his predecessor, Grant Langley, media coverage and pay.
He was accused of harassing female staffers and publicly corrected by the city’s then-Department of Employee Relations director when he repeatedly claimed an investigation by her office determined the complaints were "unfounded." Instead, she said, the investigation determined he could not be held accountable to the anti-harassment policy as an elected official and that his actions were not illegal, even if they were "inappropriate and unbecoming of his position."
In an April 2021 staff meeting, Spencer said he planned to start using surveillance cameras in his office to prevent staffers from making false harassment complaints about his actions, several sources said at the time.
Later that year came the resignation by Thomas, the recently hired assistant city attorney, who said in a letter that Spencer had asked him to write a memo documenting Gehling’s failings. Thomas said he saw the request from Spencer as politically motivated, retaliatory and inappropriate.
Spencer also battled with council members and last year raised eyebrows by initiating a private discussion with a judge ahead of a court hearing to say he disagreed with the arguments of his own assistant city attorney in the case. Legal experts called the move "bizarre" and "highly unusual."
Then there was an order from a federal judge last year for Spencer to personally appear before him to explain delays in cases his office is handling.
This spring, there was controversy over a new “office appearance policy” that — until it was walked back — threatened discipline up to firing if staff did not meet standards of organization, among other things.
He has recently kept a lower profile and avoided skirmishes with the council, appearing at a budget hearing last month with his deputies speaking at length about the office’s wins. Still, Gehling’s complaint and others from two former assistant city attorneys are among the ways his rocky start has reverberated throughout his term in office.
A year ago, Thomas and another former Assistant City Attorney Jennifer DeMaster also filed employment discrimination complaints.
The Common Council and Mayor Cavalier Johnson have approved spending up to $50,000 on outside legal representation for the city in Gehling’s case and up to $40,000 total in outside legal representation for the city in Thomas’ and Demaster’s cases.
Contact Daniel Bice at (414) 313-6684 or dbice@jrn.com. Follow him on Twitter @DanielBice or on Facebook at fb.me/daniel.bice.
Contact Alison Dirr at adirr@jrn.com. Follow her on Twitter @AlisonDirr.