Witt Off the Hook in City Hall Sex Scandal

The State Bar of California has rejected misconduct complaints filed against San Diego City Atty. John Witt’s office, saying it could not find “clear and convincing” evidence that Witt violated rules of professional conduct in last year’s City Hall sex-and-hush-money scandal.

In letters received Monday by Witt and other principals in the case, the State Bar said it had determined that “there are insufficient grounds for disciplinary action” regarding Witt’s involvement in a nearly $100,000 payment to a former city planner who claimed she was sexually harassed by former Planning Director Robert Spaulding.

Last spring, both the City Council and Spaulding attorney Michael Aguirre asked the State Bar to determine whether Witt violated his legal obligations in his handling of the once-secret $98,531 payment to former Gaslamp Quarter planner Susan Bray.

Former City Manager John Lockwood has admitted that he put together the payment to Bray to settle her harassment claim against Spaulding, then purposely failed to notify the City Council so the information would not be made public.

When details of the settlement leaked to the news media, an outraged council forced Spaulding--who claims his affair with Bray was consensual--to resign.

In his complaint to the State Bar, Aguirre claimed that Witt had agreed in a private meeting to represent Spaulding in Bray’s harassment suit and indemnify him.

By failing to notify the council that he was representing both Spaulding and the city--Spaulding’s employer--Witt may have failed to disclose a conflict of interest, Aguirre argued.

Witt, however, has consistently denied promising Spaulding representation, saying that his role in the controversy was largely limited to reviewing the legality of Lockwood’s proposed settlement.

With little explanation, the State Bar rejected the allegations that Witt had violated rules of professional conduct and failed to adequately represent the city.

“My responsibility as city attorney is to offer my best advice to the city and citizens of San Diego,” Witt said. “I am pleased to be able to officially put this matter to rest.”

Under State Bar procedures, Spaulding could appeal the decision to a special grievance panel. Aguirre said Monday that he had not yet decided whether to do so.