ALLENTOWN, Pa. — A legal fight is brewing over the partial release of records from a lengthy and costly investigation into allegations of racism and discrimination within city government.
Allentown lawyers are asking an appellate court to overturn a ruling that would force officials to share records from one of two probes conducted on behalf of City Council.
Members 18 months ago hired former FBI agent Scott Curtis' company, FLEO Investigations, to lead an investigation they authorized in October 2023.
Council shut down Curtis’ work in January and hired Philadelphia law firm Duane Morris LLC to finish it.
Duane Morris attorneys in September said they found no widespread issue of discriminatory conduct in Allentown government but offered few details about their findings.
Deputy City Clerk Tawanna Whitehead sued the city last year, alleging officials “did shamefully little” to intervene as Councilwoman Candida Affa created a “racially hostile” work environment.
“There is no ‘putting the rabbit back in the hat’ with respect to the Scott Curtis/FLEO Investigation documents."Allentown attorneys
Whitehead's lawyer, Marc Weinstein, last month subpoenaed records — including emails, notes, recordings, invoices and reports — from both companies’ investigations during the discovery phase of her lawsuit.
He argues those documents could show what Whitehead faced at work.
'Peculiarly disruptive': City attorneys
Federal Judge Gail Weilheimer last week ordered Allentown to release records produced by Curtis’ team while allowing similar documents made during Duane Morris LLC’s probe to remain confidential under attorney-client privilege.
City solicitors argue Curtis’ work should be considered confidential because council members enjoy legislative immunity.
City attorneys also on Tuesday requested a stay on Weilheimer’s order to release those reports. If the U.S. Court of Appeals for the Third Circuit grants that stay, the city would not be required to turn over any records until its appeal is settled.
“Inquiries of this kind can be peculiarly disruptive of effective government."Allentown attorneys
Forcing officials to comply with Weilheimer’s order while it's being appealed would cause the city “irreparable harm” that “cannot be undone,” its attorneys argue in newly filed court documents.
“There is no ‘putting the rabbit back in the hat’ with respect to the Scott Curtis/FLEO Investigation documents,” they wrote.
Solicitors in their filing say the city will not release records from Curtis’ report unless required by a court order.
“Inquiries of this kind can be peculiarly disruptive of effective government,” they wrote in their motion for a stay.
City attorneys argue “it is in the public interest” for records from Curtis’ investigation to stay under wraps.
Allentown taxpayers are set to pay more than $500,000 in legal fees related to the investigation.
Curtis ran up legal fees of $68,000 with his work during the second half of 2024, and council authorized a payment of more than $375,000 to cover five months of work by Duane Morris investigators.
Council and Mayor Matt Tuerk’s office also spent more than $110,000 combined on a lawsuit between them that was never argued in open court.
And the city is now paying its attorneys to fight Whitehead’s subpoenas.
