Ockomon Sexual Harassment Allegations

[Palehorse]

January 4, 2011
Mayor denies sexual harassment allegations in statement to media
By Abbey Doyle
The Herald Bulletin

ANDERSON, Ind. — In response to sexual harassment allegations from a parks department employee, Anderson Mayor Kris Ockomon issued the following statement at 1 p.m. Tuesday:

"I feel it is important that the public hear directly from me about this matter. Accordingly, I want to make it clear that I adamantly and unconditionally deny all such allegations.

"I have never engaged in any behavior with any person which could be remotely construed as sexual harassment.

"I am confident that the conclusion of the investigation and legal process will result in these claims  being completely discredited, and I look forward  to a speedy resolution."

Teresa Spencer, who transferred from the mayor's office to the city parks department in June 2009 to become business manager, alleges in a complaint to the Indiana Civil Rights Commission and the Equal Employment Opportunity Commission signed Dec. 31, 2009, that Ockomon subjected her "to quid pro quo and hostile work environment sexual harassment.

"These acts of sexual harassment include, but are not limited to: sexually suggestive comments regarding (Spencer's) appearance and clothing, requests for (Spencer) to get rooms at hotels with Mayor Ockomon, requests for (Spencer) to go to an amusement park with Mayor Ockomon and 'ride his roller coaster,' and Mayor Ockomon telling (Spencer) he has sexual dreams about her," the complaint alleges.

The Herald Bulletin obtained a copy of the complaint Monday.

Contacted Monday, Ockomon said "obviously not" when asked if the allegations were true. He referred questions to his Indianapolis attorney, Michael Cork. Ockomon demanded to know the source of the document; The Herald Bulletin has agreed to protect the identity of the person who provided it.

The revelation comes at the dawn of a mayoral campaign in which at least three Republicans have announced their candidacy. Ockomon, a Democrat, has not formally announced his intention to seek re-election, but he said recently that an announcement would come in the new year.

Cork said he was not at liberty to discuss Spencer's complaint in detail because of the confidential nature of the EEOC mediation process. But he said, "Based upon the available information, I do not believe there is a shred of truth to the charges, the allegations in Teresa Spencer's complaint." He called her allegations "politically and personally motivated."

"I have looked into the matter and have had full cooperation not only from Mayor Ockomon but from the entire staff of the City of Anderson," Cork said, "and I do not find one scintilla of evidence to support the allegations contained in that charge."

Spencer's complaint is still in a confidential process, Cork said. "The charge is currently in investigation with the EEOC. They have not made a determination yet, and I don't believe that they have begun much of an internal investigation." Cork also said he expected Spencer to file a federal lawsuit.

An EEOC representative said Monday that the commission does not discuss cases that are in the confidential stage, and that the time required to resolve complaints can range from three months to two years or more based on the nature of the allegations.

The complaint says the alleged harassment and retaliation took place between November 2007 and when the complaint was signed. "On each occasion, (Spencer) has rebuffed Mayor Ockomon's sexual advances and informed him that the advances were unwelcomed," the complaint says.

Spencer's complaint alleges that she "has been damaged as a result of (Ockomon's) discriminatory and retaliatory actions, including but not limited to, back pay and other financial damages, embarrassment, humiliation and emotional distress."

Spencer said Monday that she could not comment about the allegations on the advice of her attorney, Meghan Lehner of Indianapolis. Lehner did not return telephone messages seeking comment.

"Basically, I just want to do my job — that's what I want to do," Spencer said.

In October, a judge granted Spencer's request for a temporary restraining order against the city after she was suspended without pay for two days by Parks Department Superintendent John Gates. Gates said Spencer was late in paying bills, but Spencer said she lacked proper invoices to pay them. The restraining order barred the city from taking further disciplinary actions against Spencer.

That court case is one of at least three that have been brought against Ockomon, the city or officials by past and present parks officials:

Former Parks Superintendent Fred Reese was recently awarded more than $54,000 in back wages and benefits that he claimed as a result of his firing a year ago. No attorney appeared in court to represent the city in a hearing last month; city attorneys say notice of the hearing was not provided.
In August, Park Board Chairman Darin Foltz sued and blocked a hearing that Ockomon had called to present evidence for Foltz's removal from office.
Former Madison Circuit Court Judge Fredrick Spencer has represented Foltz, Reese and Teresa Spencer — his daughter-in-law — in each of the lawsuits.

City attorney Tim Lanane on Monday confirmed the city is paying Cork's legal fees to defend Ockomon against the harassment allegations. He said because the City Building was closed Monday, he did not have access to information about how much has been paid.

http://heraldbulletin.com/local/x1961024144/Mayor-denies-sexual-harassment-allegations-in-statement-to-media

One point, since the city of Anderson has at least 4 attorneys on staff, why is the city having to foot the bill for an Indianapolis attorney to represent Ocky in this "latest" suit? Will the citizens of this city now be forced to pay a "legal fee" being tacked onto their monthly city utility bills?

You'll note this suit was filed in December of 2009, if the HB didn't commit another in its string of editorial errors. So it has now been over a year since the complaint was filed; why has there been no progress made in connection with this complaint in that time? The article states the investigation is just getting under way, so why has it taken so long? Typical of how our government entities react to civilian allegations of harassment and a hostile working environment!  :mad: :mad: :mad:

This suit coming to light makes one wonder if it isn't the main driver behind Ocky's initiatives against the parks department in the first place!

This all goes back to the voters from my perspective. Despite the red flag of residency, "we the people" voted the current mayor into office. And all of a sudden allegations of sexual harassment and other potential actions of a discriminatory nature surprise us? Why?

The mayor represents this city and its citizens, and as such any potential actionable performance is required to be subsidized by us surrounding legal representation, when said actions are performed during the course of the duties of the office.

In this day and age when a city is required to retain legal counsel surrounding a myriad of potential liabilities, I find it disturbing that any city would hire an attorney that doesn't have a well rounded experience base that is diversified to include human rights and civil rights issues. At least have a couple of part timers on retainer to include this area of specialization. But that responsibility, if we are to believe Lanane, rests solely upon the mayor him/her self.

The voting citizens of this city have a personal responsibility to make an informed choice when placing their vote. Buying into the emotional flotsam our political process has become does not lend itself toward an educated decision process; and should the current allegations prove true, I believe it is incumbent upon each one of us to do better job in educating ourselves surrounding the candidates, for ourselves and this city in the next election.

Voting based upon a personal history with an individual is not always a good practice; in fact it is just as bad as buying into the political propaganda that floods the media and airwaves during every single election we encounter.

Minus a truly neutral and unbiased local media source, which the public can trust to ask the hard questions and dig for the truth, the job is left to the voters themselves; and unfortunately very few of the citizens within this city seem to be armed with the critical thinking skills with which to accomplish such a task.  And those that do possess these skills are frequently subjected to the emotional fallout of the propaganda machine, in an attempt to quash the truth with emotional turmoil and volumes of it.

The current lawsuit will be resolved, eventually, but the voters of this city had better do their homework well in advance of the next election; lest we vote someone into office who will potentially do worse than what has already been done in the present administration.

[Palehorse]

http://heraldbulletin.com/crime/x233315120/Mayor-s-brother-named-in-protective-order

As if this isn't ugly enough, Roger Ockomon has had an order of protection entered against him by Teresa Spenser, over comments he has placed onto his facebook page!