ALLENTOWN, Pa. — Officials must turn over some of the results of a lengthy investigation into claims of racism and discrimination at City Hall, according to a federal court ruling this week.
Allentown City Council in June 2024 hired former FBI agent Scott Curtis' company, FLEO Investigations, to lead a probe the body authorized eight months prior.
They ended Curtis’ work in January of this year and hired a Philadelphia law firm to finish the investigation.
City council members and attorneys from Duane Morris LLC offered little insight into their findings at a September news conference, beyond issuing a statement that said there is not a widespread issue of discriminatory conduct in Allentown government.
Deputy City Clerk Tawanna Whitehead sued the city last year amid Curtis’ initial probe, claiming city officials looked the other way and “did shamefully little” to intervene as a councilwoman created a “racially hostile” work environment.
Her lawyer, Marc Weinstein, last month subpoenaed documents from Curtis’ and Duane Morris’ investigations, arguing they could show what Whitehead faced in City Hall.
Federal Judge Gail Weilheimer on Tuesday ordered Allentown to release documents produced by Curtis’ team, including emails, notes, recordings, invoices and reports.
“This court sees no reason why information from the Curtis Investigation is not discoverable.”U.S. District Court Judge Gail Weilheimer
But the judge for the U.S. District Court for the Eastern District of Pennsylvania ruled similar documents made during Duane Morris LLC’s probe can remain confidential, filings show.
Curtis’ documents could be relevant to Whitehead’s case if the city “knew it harbored a hostile work environment and did not take sufficient steps to correct it,” Weilheimer wrote in her order.
Information in those documents also could be relevant to the “appropriateness and amount of punitive damages,” she wrote.
'Fact-finding' investigation: Judge
Allentown attorneys tried to block the release of documents from Curtis’ investigation by claiming they were protected by legislative immunity — an argument Weilheimer rejected.
“Legislative immunity only applies when the act in question is both substantively and procedurally legislative in nature,” Weilheimer wrote. “At its core, the investigation by Curtis was investigatory and fact-finding.”
“This court sees no reason why information from the Curtis Investigation is not discoverable.”
But the results of Duane Morris’ probe are set to remain under wraps. Weilheimer ruled the law firm’s work for council is protected by attorney-client privilege.
Allentown taxpayers are on the hook for more than $500,000 in legal fees related to the investigation.
Curtis billed the city for $68,000 for 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.
Genesis Ortega, Allentown’s communications manager, on Tuesday afternoon said the city is reviewing the judge’s order and is "reviewing (its) next steps.”
