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Hearing officer recuses self in sexual harassment case

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DECATUR - Proceedings for a sexual harassment case going through the city's Human Relations Commission stalled Monday, as the appointed hearing officer recused himself from the case due to a possible conflict of interest.

Human rights officer Mark Barthelemy said the hearing officer, Arthur Powers, recused himself at the request of the complainant's attorney because Powers recalled a previous business association with the legal firm representing the respondent in the case.

The complainant's attorney, Bill McNutt, said Powers revealed the potential conflict before any proceedings had occurred.

"I think it's important that (Powers) revealed it, we didn't discover it or anything," McNutt said. "There were some things he'd just forgotten about."

The case is one of two leveled against Ferdinand Wilhelm, owner of Decatur Rentals. Barthelemy said former Decatur Rentals employee Elisha Brownlow has accused Wilhelm of sexual harassment. The other case, begun by complainant and former employee Sally Nailer, is moving through proceedings and will likely see a ruling early next year, Barthelemy said.

Nailer worked for Wilhelm as a secretary. According to transcripts of the hearing, Nailer accused Wilhelm of feigning a severe injury in order to force her to essentially act as a nurse, even dressing him, cooking all of his meals for him, and making trips to his house in the middle of the night for odd or seemingly unnecessary requests.

All the while, Nailer claimed, Wilhelm directed sexual comments and made unwanted sexual advances toward her.

In his testimony, Wilhelm denied all of the allegations.

In the more recent case, Barthelemy said the commission will immediately request a new hearing officer be appointed by City Manager Ryan McCrady, after which Barthelemy will reschedule the hearing.

The 13-member Human Relations Commission investigates and adjudicates allegations of harassment or discrimination.

klowe@herald-review.com|421-7985

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