Judge Rules Secret Settlement Makes Harassment Claim Moot

The judge in the civil trial of former San Diego city planner Susan Bray ruled Tuesday that a secret $100,000 settlement makes moot Bray’s claim that she was sexually harassed by former Planning Director Robert Spaulding.

U.S. District Judge Edward J. Schwartz essentially threw out half of Bray’s lawsuit when he agreed with attorneys representing the city that the evidence did not support six of her 14 claims.

Bray sued the city after a sex scandal involving her and Spaulding was made public in May, 1991. She seeks unspecified monetary damages, claiming she was damaged when the secret agreement, which concluded a 2 1/2-year sexual relationship, portrayed her as an adulterer instead of the abused women she claims she is.

In a key decision, Schwartz denied Bray’s request for “rescission.” If Schwartz had left this part of the lawsuit intact, the jury would have had the option of declaring the secret settlement void.

Bray’s attorney felt that if the jury had the authority, Bray would have been able to collect far more than the $100,000 she received to settle her sexual harassment claim.

Calling rescission “a fairly rare situation,” Schwartz said that he “can’t find any basis in the evidence” to support her request.

Schwartz also ruled that the jury cannot decide five other claims, including whether Bray was wrongfully terminated when she agreed as part of the settlement to leave her job.

Tuesday’s ruling effectively takes the issue of sexual harassment out of the jury’s hands, leaving them with the question of whether the city violated the confidentiality clause of the agreement by making it public.

Schwartz delayed a ruling on Bray’s claim that the city acted intentionally to inflict emotional distress.

Michael Weaver, the attorney representing the city, began presenting evidence Tuesday. He is expected to call Spaulding to the witness stand Wednesday.