ALLENTOWN, Pa. — Lawyers for Allentown’s mayor and city council are due in court much earlier than expected after a hearing recently was penciled in for early December.
Lehigh County Judge Thomas Capehart scheduled a Jan. 27 virtual status conference for he and attorneys to discuss next steps with litigation.
That was the first official court date related to council’s lawsuit against the mayor.
Council alleges Tuerk and Finance Director are blocking its investigation into claims of racism and workplace discrimination among city employees.
“Absent court intervention, the mayor and finance director have made it clear that they will continue to obstruct city council’s vital investigation into allegations of discriminatory conduct allegedly prevalent through the mayor’s administration."Mary Kay Brown, attorney for Allentown City Council
But both sides’ lawyers are now set to appear in Lehigh County Court on Dec. 5, records show.
That hearing will be the first scene in what could be an ugly court fight between Allentown officials.
Council asks court to protect investigation
Allentown City Council’s lawyer — Mary Kay Brown of Brown Nimeroff — last week filed a motion for preliminary injunction, asking Capehart to block “the mayor, and all those under his control, from obstructing or otherwise interfering with the investigation.”
Council, through Brown, alleges Tuerk’s administration is trying to block the investigation by not paying former FBI agent Scott Curtis, who members hired last year to lead the probe.
Curtis has not yet filed any invoice, making it impossible for city officials to have blocked payment, Fitzpatrick Lentz & Bubba attorney Gretchen Petersen argues in her defense of city officials.
Petersen has asked the courts to dismiss council’s lawsuit, arguing council has no case because there has been no injury to members or Curtis.
But Brown claims Patel has refused to even set up a payment account for Curtis and his company, FLEO Investigations, because the mayor declared that hiring “void.”
Tuerk said that because council went outside the city’s normal contracting process, he would not honor Curtis’ contract.
The administration also is fighting a subpoena authorized by council that seeks records related to all terminations and resignations, as well as any complaints made by city employees, since January 2022 — the start of Tuerk’s term as mayor.
'Clearly demonstrates' obstruction
The administration’s refusal to comply with that subpoena “clearly demonstrates that the mayor is obstructing the investigation,” Brown argues.
“Absent court intervention, the mayor and finance director have made it clear that they will continue to obstruct city council’s vital investigation into allegations of discriminatory conduct allegedly prevalent through the mayor’s administration,” she wrote in her brief.
If employees’ allegations are true, Brown said, any further delay to the investigation would leave them in potentially vulnerable situations and risk more taxpayer money due to the city’s liability.
If “the allegations are actually unfounded, the city and the administration [are] unnecessarily operat[ing] under a cloud of suspicion and mistrust, which, in turn, discourages hiring and retention and tarnishe[s] the reputation of the city.'Allentown City Council lawyer Mary Kay Brown
Delays also would “jeopardize the faith that taxpayers and residents of Allentown have in their government,” Brown writes.
She argues administration officials should support the investigation and push for its quick conclusion. Information revealed by the probe will either reveal areas for improvement or exonerate officials, Brown says.
If “the allegations are actually unfounded, the city and the administration [are] unnecessarily operat[ing] under a cloud of suspicion and mistrust, which, in turn, discourages hiring and retention and tarnishe[s] the reputation of the city,” Brown writes.
