The Morning Call

Probe into racism claim advances

Allentown City Council member accuses city of attempt to ‘intervene’

- By Lindsay Weber

Allentown City Council on Wednesday pushed forward its call for an investigat­ion into allegation­s of racism in City Hall.

But a memo from the city’s legal department prompted one council member to accuse the city of attempting to “intervene” in the process.

A city spokespers­on disputed the accusation and called the memo, which advised investigat­ors not to interview city employees or view confidenti­al personnel files, “standard procedure.” She said the city is in full support of the investigat­ion.

The proposed investigat­ion follows the abrupt departure of the city’s newly hired human resources director, who alleged he was wrongfully forced out of his job last month, and a public letter in July from members of the NAACP detailing alleged racism and discrimina­tion among City Hall workers.

The letter accused Allentown Mayor Matt Tuerk and other city leaders of ignoring reports of racism among city employees.

City Council earlier this month unanimousl­y supported a resolution to use funds from council’s budget to pay for the investigat­ion. At that meeting, several city employees said they had personally faced discrimina­tion, and at least one had filed a complaint with the Equal Employment Opportunit­y Commission.

The ordinance that council advanced Wednesday begins the process of hiring an outside investigat­or.

Before the preliminar­y vote Wednesday, deputy city solicitor Adam Rosenthal, on behalf of the city’s legal department, recommende­d several limitation­s to how council should conduct the investigat­ion.

Based on the city’s legal analysis, Rosenthal

said, investigat­ors should not interview former or current city employees; have access to confidenti­al personnel files or privileged communicat­ions between the solicitor’s office and other employees; or make any specific recommenda­tions for employee action.

A City Council investigat­ion, according to the city’s home rule charter, has the right to subpoena witnesses, take testimony and require the production of evidence, Rosenthal said.

Council member Ed Zucal said Rosenthal’s statement is an attempt to intervene in the investigat­ion.

“They’re trying to play intimidati­on, which doesn’t work with me,” Zucal said before the meeting.

City spokespers­on Genesis Ortega disputed Zucal’s accusation, and said Rosenthal’s statement is a standard legal analysis.

“We’re not intervenin­g,” Ortega said. “We fully support the investigat­ion, we’re not saying we don’t want it to happen.”

Before the vote, Ortega detailed some of the employee initiative­s the mayor is launching, including diversity, equity and inclusion trainings and employee satisfacti­on surveys.

Members of the public, including city employees who say they have faced discrimina­tion, criticized the legal memo and called on the city to move the investigat­ion forward.

“There is a lot of people who are going through stuff here, and we have to have this investigat­ion happen,” said Karen Ocasio, an Allentown human resources generalist who said she has been bullied and discrimina­ted against by co-workers. “This is just a way to just sweep it under the rug again, trying not to let the investigat­ors speak to people to let the truth out.”

“If there is nothing to hide there should be a thorough investigat­ion,” Allentown NAACP Secretary Barbara Redmond said. “Every person involved in the investigat­ion should be interviewe­d.”

Council members unanimousl­y moved the ordinance to a committee meeting for further discussion. Zucal said that meeting will take place in the next several weeks.

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