Conflicting Testimony Marks 1st Day of Sex Trial

Former city planner Susan Bray submitted to the sexual advances of former city Planning Director Robert Spaulding in order to keep her job, her attorney said Thursday during a trial stemming from their City Hall sex scandal.

But a lawyer representing the city of San Diego portrayed Bray as a temptress who has a long history of mental instability.

The competing descriptions of the 47-year-old woman came on the first day of the trial in her civil lawsuit against the city. Bray seeks an unspecified amount of monetary damages for the suffering she claims she experienced during an unwanted sexual relationship with Spaulding.

Bray also is seeking an award because a secret settlement of her sexual harassment claim became public, causing her extreme humiliation and leaving her unable to work, the lawsuit claims.

After a 16-month relationship that included occasional sexual encounters, Bray filed a series of stress claims against the city that culminated with charges of sexual harassment against Spaulding.

City officials, including then-City Manager John Lockwood and City Atty. John Witt, quietly negotiated a $100,000 settlement with Bray that was carefully structured to avoid informing the City Council. The settlement was signed March 1, 1991.

But the matter became public May 10, 1991. Though Bray had already left her job in the Planning Department, she claims that the stress and unwanted publicity surrounding the scandal have irrevocably tainted her name.

“Obviously, Susan Bray had an interest in it remaining confidential so as to avoid further embarrassment,” said her attorney, Frank Rogozienski.

While the attorney did not mention a dollar figure to the jury, Bray’s claim filed with the city asked for $2.35 million.

Rogozienski said Spaulding used his power at the workplace to coerce Bray to have sex.

While Bray was accompanying Spaulding on a tour of the city soon after he had been hired, he asked to stop at her La Jolla home to use the bathroom, the attorney said.

While in the residence, Spaulding tried to kiss Bray, who initially objected because he was her boss and because he was married, Rogozienski told the 11-member jury.

“He told her in very graphic detail this was something he had to do,” he said. “He had to--I won’t use the graphic four-letter term--. . . her.”

Bray maintains that this incident started an unwanted relationship that was marked by Spaulding’s unannounced callings at her house. The sex was not pleasurable, and Bray had recurrent infections after the encounters, Rogozienski said.

“She was concerned if she didn’t submit to him she was going to be fired,” he said.

Stressing that the city has continued to abide by the settlement agreement, which includes ongoing biweekly payments of more than $1,000, attorney Michael J. Weaver gave an unflattering account of Bray to the jury.

A troubled woman suffering for many years from “narcissistic personality disorder” and a “histrionic personality,” Bray agreed to have sex with Spaulding throughout their relationship, Weaver said.

At their first meeting, Spaulding “knew this was a sexually charged environment,” he said, noting that Spaulding succumbed to an error in judgment when he decided to have the affair.

“At that time there was no threat” and “no discussion this could affect your employment,” Weaver said.

The sexual harassment claim followed two unrelated stress claims that were eventually denied, and city officials only agreed to seek a settlement because Spaulding was indirectly supervising Bray and it was an ongoing relationship, Weaver said.

Behind the question of whom to believe amid allegations of sexual harassment is the issue of privacy and whether city officials violated Bray’s rights by exposing the settlement that both sides agreed to keep secret.

Rogozienski suggested in his opening statement that Mayor Maureen O’Connor is responsible for opening the secret agreement, which rocked City Hall and led to Spaulding’s ouster, to public scrutiny.

Rogozienski said that O’Connor “held a private press conference behind closed doors” about the settlement agreement. The mayor did this even after Assistant City Atty. Curtis Fitzpatrick informed her that the agreement was confidential and that she should only discuss the fact that Spaulding was involved in the growing scandal.

“The mayor chose not to follow Mr. Fitzpatrick’s advice and made the story something different,” he said.

According to Rogozienski, as the issue heated up politically, problems for Bray increased. He said she was caught in a cross-fire as concern over the issue of who was running the government escalated.

“Rather than saying ‘no comment’ . . . the mayor spoke to the press and made a minor matter into a public matter,” he said.

Even though O’Connor knew that sexual harassment was at the center of the controversy and that this charge involved human beings, Rogozienski said, the mayor “turned it into a crisis in government and a failure to inform the City Council.”

As this crisis gained more attention, other politicians started applying incorrect terms, such as “hush money,” “cover-up” and “affair,” Rogozienski said.

“Hush money” is a very different term than a legitimate settlement of a sexual harassment claim, said Rogozienski, but even worse was the fact that elected officials “made no attempt to correct that statement.”

“Susan Bray became a victim of something she really had nothing to do with,” he said.

Rogozienski said that O’Connor, who is expected to be his first witness today, will testify that she didn’t know the settlement was confidential when she spoke to reporters.

Weaver defended the mayor’s discussion with the media by saying that O’Connor was contacted by two reporters who had already uncovered the story and were only seeking comment from the city’s highest official.

City Council member Abbe Wolfsheimer was the first witness in the trial. She testified Thursday that O’Connor immediately demanded Spaulding’s resignation because he was having an affair.

In addition to O’Connor and Wolfsheimer, current and past city officials are expected to testify during the three-week trial.

Spaulding will not testify, but his sworn deposition will be introduced as evidence. Weaver said Spaulding now lives in another state and is beyond the arm of a subpoena.