MONROE - A former city employee is alleging she was forced to quit by City Administrator Mark Vahlsing last month because she refused his sexual advances and because she complained to a manager about sexual harassment.
Janelle Bittner on May 1 filed a discrimination complaint against the City of Monroe with the Wisconsin Department of Workforce Development (DWD) under Wisconsin fair employment law. The city received a copy of the complaint Wednesday, May 7. The DWD provided The Monroe Times with a copy Friday, May 9.
Bittner, a Monroe resident, was the city's confidential administrative assistant from May 21, 2007, until April 2, 2008. Vahlsing, who became Monroe's first city administrator in April 2006, was one of Bittner's direct supervisors and also serves as the city's human resources manager.
In the Statement of Discrim-ination in the filed complaint, Bittner claims Vahlsing began "making sexual advances" in December 2007. "None of this conduct was welcome, and Bittner rejected all of Vahlsing's advances," reads the statement, which was submitted by attorney Paul Kinne of the Madison law firm Gingras, Cates and Lubke, S.C.
Kinne did not return a call for comment.
The complaint lists Dec. 20, 2007, as the date of the first violation, and April 2, 2008, as the date of the last violation.
Vahlsing, reached by phone Friday, said he could not comment on any specifics about the complaint, and directed those questions to City Attorney Rex Ewald.
In the statement, Bittner says that on or about April 2 she "complained to a management level employee with the City of Monroe that she had been experiencing sexual harassment." This complaint was made "about one day" after another incident of harassment, the statement says.
Also on or about April 2, after Bittner's complaint, "Vahlsing falsely informed Bittner that a city employee had complained about her," the filing claims. "Vahlsing told Bittner that if he had to fire her, her reputation would be ruined and she would have custody issues with respect to her daughter" in her impending divorce. Bittner and her husband are listed as joint petitioners in a divorce case filed March 31 in Wisconsin Circuit Court.
The statement says that when Bittner "asked what she could do," Vahlsing told her she should quit. Bittner "complied, in lieu of being fired," the statement says.
The statement concludes by saying the City of Monroe "created a hostile working environment for Bittner, on account of Bittner's sex" and, "through Vahlsing, fired Bittner by forcing her to quit her employment because of her sex; because she refused to engage in sexual conduct with Vahlsing; and/or because she complained about sexual harassment."
The statement claims "this conduct has caused Bittner severe and permanent psychological, emotional and economic damage."
Monroe Mayor Ron Marsh said the city received a copy of the complaint by postal service Wednesday, May 7. An accompanying service letter informs the city that it has 30 days to respond, or to indicate if settlement discussions are desired.
Marsh would not comment on whether he had any knowledge the complaint was coming. He said the city would respond to the complaint, but wouldn't comment about the nature of the response.
Marsh said Ewald has received the complaint and "he (Ewald) has to respond to the complaint as city attorney."
"I probably won't be the counsel," Ewald said this morning. "The city has insurance coverage for this type of a claim."
Ewald said he first had to confirm the insurance coverage, then the claim would be handed over to that insurance company, which would handle the legal counsel.
Marsh offered no comment on whether he followed up on the reason for Bittner's resignation. Vahlsing would not comment on what Marsh knew about the reasons for Bittner's resignation.
Both Marsh and Vahlsing, in separate interviews, verified that Vahlsing is the contact person for city employees on human resources and safety issues. Vahlsing said employees are to direct complaints first to their supervisor, who is responsible for informing Vahlsing of the complaint.
Marsh said Bittner was supervised "equally" by Vahlsing and City Clerk Carol Stamm. But then he said Bittner actually worked for Stamm more directly on the paperwork in the city clerk's office. However, Marsh said, under her job description, Bittner could assist Vahlsing with any work he requested for his office.
Vahlsing said he and Stamm both were equally "direct supervisors" of Bittner.
The complaint does not identify the manager to whom Bittner made the initial complaint about being sexually harassed. Marsh would not comment on who the unnamed manager is.
All 10 Monroe aldermen were called by the Times on Friday, but none wanted to comment on the complaint.
Most directed the questions to Marsh. Most said they were unaware of the complaint or hadn't seen it. Alderman Mark Coplien said he knew a complaint had been filed, but said "it's not a wise move to talk about it."
- Times reporter Brian Gray and News Editor Jim Winter contributed to this story.
Janelle Bittner on May 1 filed a discrimination complaint against the City of Monroe with the Wisconsin Department of Workforce Development (DWD) under Wisconsin fair employment law. The city received a copy of the complaint Wednesday, May 7. The DWD provided The Monroe Times with a copy Friday, May 9.
Bittner, a Monroe resident, was the city's confidential administrative assistant from May 21, 2007, until April 2, 2008. Vahlsing, who became Monroe's first city administrator in April 2006, was one of Bittner's direct supervisors and also serves as the city's human resources manager.
In the Statement of Discrim-ination in the filed complaint, Bittner claims Vahlsing began "making sexual advances" in December 2007. "None of this conduct was welcome, and Bittner rejected all of Vahlsing's advances," reads the statement, which was submitted by attorney Paul Kinne of the Madison law firm Gingras, Cates and Lubke, S.C.
Kinne did not return a call for comment.
The complaint lists Dec. 20, 2007, as the date of the first violation, and April 2, 2008, as the date of the last violation.
Vahlsing, reached by phone Friday, said he could not comment on any specifics about the complaint, and directed those questions to City Attorney Rex Ewald.
In the statement, Bittner says that on or about April 2 she "complained to a management level employee with the City of Monroe that she had been experiencing sexual harassment." This complaint was made "about one day" after another incident of harassment, the statement says.
Also on or about April 2, after Bittner's complaint, "Vahlsing falsely informed Bittner that a city employee had complained about her," the filing claims. "Vahlsing told Bittner that if he had to fire her, her reputation would be ruined and she would have custody issues with respect to her daughter" in her impending divorce. Bittner and her husband are listed as joint petitioners in a divorce case filed March 31 in Wisconsin Circuit Court.
The statement says that when Bittner "asked what she could do," Vahlsing told her she should quit. Bittner "complied, in lieu of being fired," the statement says.
The statement concludes by saying the City of Monroe "created a hostile working environment for Bittner, on account of Bittner's sex" and, "through Vahlsing, fired Bittner by forcing her to quit her employment because of her sex; because she refused to engage in sexual conduct with Vahlsing; and/or because she complained about sexual harassment."
The statement claims "this conduct has caused Bittner severe and permanent psychological, emotional and economic damage."
Monroe Mayor Ron Marsh said the city received a copy of the complaint by postal service Wednesday, May 7. An accompanying service letter informs the city that it has 30 days to respond, or to indicate if settlement discussions are desired.
Marsh would not comment on whether he had any knowledge the complaint was coming. He said the city would respond to the complaint, but wouldn't comment about the nature of the response.
Marsh said Ewald has received the complaint and "he (Ewald) has to respond to the complaint as city attorney."
"I probably won't be the counsel," Ewald said this morning. "The city has insurance coverage for this type of a claim."
Ewald said he first had to confirm the insurance coverage, then the claim would be handed over to that insurance company, which would handle the legal counsel.
Marsh offered no comment on whether he followed up on the reason for Bittner's resignation. Vahlsing would not comment on what Marsh knew about the reasons for Bittner's resignation.
Both Marsh and Vahlsing, in separate interviews, verified that Vahlsing is the contact person for city employees on human resources and safety issues. Vahlsing said employees are to direct complaints first to their supervisor, who is responsible for informing Vahlsing of the complaint.
Marsh said Bittner was supervised "equally" by Vahlsing and City Clerk Carol Stamm. But then he said Bittner actually worked for Stamm more directly on the paperwork in the city clerk's office. However, Marsh said, under her job description, Bittner could assist Vahlsing with any work he requested for his office.
Vahlsing said he and Stamm both were equally "direct supervisors" of Bittner.
The complaint does not identify the manager to whom Bittner made the initial complaint about being sexually harassed. Marsh would not comment on who the unnamed manager is.
All 10 Monroe aldermen were called by the Times on Friday, but none wanted to comment on the complaint.
Most directed the questions to Marsh. Most said they were unaware of the complaint or hadn't seen it. Alderman Mark Coplien said he knew a complaint had been filed, but said "it's not a wise move to talk about it."
- Times reporter Brian Gray and News Editor Jim Winter contributed to this story.