MONROE - Investigators with the state Equal Rights Division determined Saturday there is "probable cause" in a sexual harassment complaint against the City of Monroe.
The Wisconsin Department of Workforce Development (DWD) released the decision Monday. The DWD gives reasons it believes there is sufficient information for an administrative law judge to hold a hearing into the case. The judge will decide whether the City of Monroe violated the Wisconsin Fair Employment Law.
No date or place for the hearing has been set.
The discrimination complaint was filed May 1 by the attorney of Janelle Bittner, Monroe, who worked for the city as a confidential administrative assistant from May 21, 2007, to April 2, 2008.
In the complaint, Mark Vahlsing, then Monroe's city administrator, is named as the offending person who had made "sexual advances toward Bittner," beginning in December 2007.
The DWD explained the decision Monday:
"Sexual harassment perpetrated by an employer or its agent is unlawful without regard to whether the Complainant has availed herself of an opportunity to complain. In this instance, the alleged harasser was a top-level administrator for the employer.
"While the city denies that Vahlsing harassed Bittner, she has provided sufficient details to lead a reasonable person to conclude that the alleged acts of harassment may have occurred.
"The credibility issues and factual disputes in this case alleging acts of sexual harassment by a top-level supervisor must be resolved through a formal hearing."
Neither the initial determination of probable cause, nor the evidence presented to the state during its investigation of the case, will automatically become part of the record at the hearing. The judge will consider only evidence presented at the hearing.
Both parties will have an opportunity to present evidence to support their cases to the judge.
Parties will be notified one month prior to the scheduled hearing date.
A settlement could be pursued prior to the hearing.
City Attorney Rex Ewald directed questions about the decision to Attorney Kevin Reak, of Gunta and Reak, Milwaukee, hired to represent the City of Monroe's interest. Reak was hired by City and Village Mutual Insurance Company, through which the city has liability insurance, including legal liabilities.
Reak and Paul Kinne, Bittner's attorney, could not be reached for comment Monday.
Monroe Mayor Ron Marsh offered "No comment."
The state based its decision on information in the complaint.
According to the state, "Bittner is alleging sexual harassment in the workplace, retaliation for opposing discrimination and constructive discharge," and "described numerous specific incidents of harassing conduct by Vahlsing."
The report says in March, Bittner spoke to Director of Public Works Kelly Finkenbinder, "discussing her harassment concerns, but did not name an individual."
The report also outlined a series of incidents that happened on April 2, the date Bittner resigned:
Bittner asked Vahlsing about renting the water utility house, but Vahlsing informed her it was not a good idea.
Vahlsing and Finkenbinder met, after which "Vahlsing called Bittner into his office and informed her that he had received complaints about her."
Bittner resigned that day.
According to the initial complaint statement, Vahlsing allegedly told Bittner that her reputation would be ruined if he had to fire her and advised her to quit, and Bittner resigned, in lieu of being fired.
The statement says the City of Monroe created a hostile working environment for Bittner on account of her sex, and through Vahlsing, fired Bittner by forcing her to quit her job because of her sex; because she refused to engage in sexual conduct with Vahlsing and/or complained about sexual harassment.
The statement also claims "the conduct caused Bittner severe and permanent psychological, emotional and economic damage."
During a closed session of Monroe Common Council on May 13, 2008, aldermen voted 8-2 to terminate Vahlsing for a failure to perform some of his duties as the city's human resources director in the past year.
Although council members praised Vahlsing's work as a city administrator, none would expound on the duties Vahlsing failed to do.
A City of Monroe news release, dated May 14, emphasized that Vahlsing's departure was not because of the discrimination complaint filed against the city.
The Wisconsin Department of Workforce Development (DWD) released the decision Monday. The DWD gives reasons it believes there is sufficient information for an administrative law judge to hold a hearing into the case. The judge will decide whether the City of Monroe violated the Wisconsin Fair Employment Law.
No date or place for the hearing has been set.
The discrimination complaint was filed May 1 by the attorney of Janelle Bittner, Monroe, who worked for the city as a confidential administrative assistant from May 21, 2007, to April 2, 2008.
In the complaint, Mark Vahlsing, then Monroe's city administrator, is named as the offending person who had made "sexual advances toward Bittner," beginning in December 2007.
The DWD explained the decision Monday:
"Sexual harassment perpetrated by an employer or its agent is unlawful without regard to whether the Complainant has availed herself of an opportunity to complain. In this instance, the alleged harasser was a top-level administrator for the employer.
"While the city denies that Vahlsing harassed Bittner, she has provided sufficient details to lead a reasonable person to conclude that the alleged acts of harassment may have occurred.
"The credibility issues and factual disputes in this case alleging acts of sexual harassment by a top-level supervisor must be resolved through a formal hearing."
Neither the initial determination of probable cause, nor the evidence presented to the state during its investigation of the case, will automatically become part of the record at the hearing. The judge will consider only evidence presented at the hearing.
Both parties will have an opportunity to present evidence to support their cases to the judge.
Parties will be notified one month prior to the scheduled hearing date.
A settlement could be pursued prior to the hearing.
City Attorney Rex Ewald directed questions about the decision to Attorney Kevin Reak, of Gunta and Reak, Milwaukee, hired to represent the City of Monroe's interest. Reak was hired by City and Village Mutual Insurance Company, through which the city has liability insurance, including legal liabilities.
Reak and Paul Kinne, Bittner's attorney, could not be reached for comment Monday.
Monroe Mayor Ron Marsh offered "No comment."
The state based its decision on information in the complaint.
According to the state, "Bittner is alleging sexual harassment in the workplace, retaliation for opposing discrimination and constructive discharge," and "described numerous specific incidents of harassing conduct by Vahlsing."
The report says in March, Bittner spoke to Director of Public Works Kelly Finkenbinder, "discussing her harassment concerns, but did not name an individual."
The report also outlined a series of incidents that happened on April 2, the date Bittner resigned:
Bittner asked Vahlsing about renting the water utility house, but Vahlsing informed her it was not a good idea.
Vahlsing and Finkenbinder met, after which "Vahlsing called Bittner into his office and informed her that he had received complaints about her."
Bittner resigned that day.
According to the initial complaint statement, Vahlsing allegedly told Bittner that her reputation would be ruined if he had to fire her and advised her to quit, and Bittner resigned, in lieu of being fired.
The statement says the City of Monroe created a hostile working environment for Bittner on account of her sex, and through Vahlsing, fired Bittner by forcing her to quit her job because of her sex; because she refused to engage in sexual conduct with Vahlsing and/or complained about sexual harassment.
The statement also claims "the conduct caused Bittner severe and permanent psychological, emotional and economic damage."
During a closed session of Monroe Common Council on May 13, 2008, aldermen voted 8-2 to terminate Vahlsing for a failure to perform some of his duties as the city's human resources director in the past year.
Although council members praised Vahlsing's work as a city administrator, none would expound on the duties Vahlsing failed to do.
A City of Monroe news release, dated May 14, emphasized that Vahlsing's departure was not because of the discrimination complaint filed against the city.