Judge Backs Witt in Suit Over Sex Case

City Atty. John Witt did nothing improper during a scandal involving a former city planning director accused of sexual harassment, a Superior Court judge has ruled.

The wording of the tentative decision by Judge Kevin Midlam indicates that the case filed by former Planning Director Robert Spaulding will be dismissed when court convenes today, attorneys for both parties said.

The ruling states that “the city attorney is not liable for injury caused by misrepresentation, whether negligent or intentional,” based on Midlam’s interpretation of a section in the government code that grants the city attorney’s office immunity from malpractice.

Spaulding’s lawyer said the ruling, released Thursday, is “very clearly in error” and that his client will appeal the dismissal when it becomes final.

“It is an extraordinary decision,” attorney Mike Aguirre said. “With the judge’s ruling, the city attorney has no obligation to meet the standard of service that protects all people from legal malpractice. . . . It’s like saying city employees have no protection against malpractice and, basically, that the city attorney can do whatever he pleases.”

Mike Weaver, a private attorney representing the city, said Witt, who was out of town, will be pleased by the judge’s finding but that comment on a tentative decision would be premature.

Witt was accused of malpractice in his handling of the sex-and-hush-money case involving Spaulding and Susan Bray, a former city planner. Spaulding resigned his $108,000-a-year post in May amid controversy over a sexual affair with Bray. After Bray accused Spaulding of sexual harassment, she was paid $98,531 in a secret settlement arranged by then-City Manager John Lockwood.

Spaulding’s suit came after his $2.75-million administrative claim was turned down in September. The former city planner sued Witt, saying his reputation had been tarnished by the city attorney’s handling of the scandal.