Former Milwaukee City Attorney Tearman Spencer charged with misconduct

MILWAUKEE - Milwaukee County prosecutors accuse Tearman Spencer, the former Milwaukee city attorney who lost his reelection bid in April, of felony misconduct.

According to a criminal complaint, the district attorney's office found Spencer used discretionary power as city attorney to prevent the city's client, the Department of Neighborhood Services, from performing inspections and assessments on a property where he stored cars.

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Specifically, the 67-year-old Spencer is accused of directing city attorney's office staff and resources to the property avoid fees and repairs on required Department of Neighborhood Services inspections that totaled thousands of dollars. 

Prosecutors said Spencer also "misled" investigators about the use of resources for his personal benefit while also admitting that he directed city attorney resources for his personal benefit – and contrary to the office's client, the city of Milwaukee Department of Neighborhood Services (DNS). The city attorney's office would be tasked with representing DNS in court.

Spencer was first elected city attorney in April 2020, and the misconduct in question took place between June 1, 2022 and Feb. 14, 2023. He is also charged with misdemeanor obstructing an officer. 

Inspection interference

The complaint states investigators with the Milwaukee County District Attorney's Office spoke to the DNS chief of staff about a property near King Drive and Chambers Street in the city's Harambee neighborhood where inspectors "had issues" with the city attorney's office interfering with their work. An inspector said Spencer, the property owner and one other person "interfered with" an inspection in Sept. 2021 – and the inspector did not complete the inspection as a result.

Spencer told the inspector that he stored cars at the property, per the complaint. The inspector said she could not complete the inspection because those cars were locked away and the property owner "did not have access" to that area. During the encounter, a witness said Spencer yelled at the inspector and said: "Do you know who I am?"

Prosecutors said the property owner told Spencer he would handle the rest of the inspection, but that Spencer would be responsible for getting an occupancy permit. Spencer continued to say he did not need one and "promised" to get the property owner a letter stating an occupancy permit was not necessary for the property.

A different inspector returned to the property in October 2023 and issued several code violations, per the complaint – including illegal use and occupancy. The property owner said "the city attorney" owned the cars inside and said he didn't need a permit. The property owner showed the inspector an email from Spencer that contained a city attorney's office memo from July 2022 that stated "a building used for storing cars does not need an occupancy permit."

City attorney's office

Investigators interviewed the assistant city attorney who wrote the memo. According to the complaint, the assistant city attorney was told to "investigate vacant buildings and car storage" for the "informal memo" and was not told what property or purpose the memo was intended for. It happened during business hours.

A deputy city attorney, who directed the assistant's memo to the property owner, also spoke to investigators. The complaint states he was "not aware at the time the memo was drafted" that Spencer was storing cars on the property in question. He also he "would not" ask an assistant city attorney to work on a private issue, and Spencer "never stated why he was inquiring" about vacancy ordinances. He reiterated he did not know the inquiry was related to Spencer's personal property.

Investigators said the memo dealt with vacancy, as opposed to occupancy, and omitted the fact that there were people actively living on the property.

Based on the timing of the DNS work at the property, Spencer's "promise" to the property owner to get a letter that said a permit was not required, prosecutors concluded Spencer was trying to get the owner and himself an advantage by stopping inspections, violations and fees associated with DNS work. 

Department of Neighborhood Services

The former DNS commissioner, who was in the role during the time frame of the alleged misconduct, spoke to investigators. The complaint states she was made aware of incidents at the property involving possible interference from the city attorney's office.

Prosecutors said the commissioner read the assistant city attorney's memo after the property owner shared it with the department, and felt the opinion was "wrong," noting a property must either be vacant (and pay appropriate fees and stay up to those codes) or have an occupancy license, which subjects the property to a different set of compliance codes. The commissioner also said she requested clarification via email from Spencer and others at the city attorney's office about the memo – but never got a response.

Spencer interviewed

Investigators interviewed Spencer in July 2024. The complaint states he admitted he directed "his people" – meaning city attorney's office staff – to look into the issue regarding his personal property. He said he used to own the property where he now stored his cars. He said he was not involved in the execution of the sale, but said it included a contingency that the cars could remain there.

Prosecutors said investigators questioned Spencer about a man who served as a primary point of contact for the property owner about the cars. Spencer said "he took care of a lot of stuff" for that man and told investigators it "is not your business what kind of stuff." He also denied there being an agreement about who was responsible for the storage space's upkeep, but later said he sometimes paid for upkeep. 

Spencer said he recalled being present for an inspection, per the complaint, but described his interaction with the inspector as "good" – contrary to statements from the inspector and a witness. He also said he knew an inspector "threatened" that his cars had to be removed; he said he kept 10-12 cars on the property, but there were others there that did not belong to him.

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Investigators asked Spencer about the duties of the city attorney's office, the complaint states, to which Spencer said it was to defend employees and the city in legal matters. He said the property came into question by "a fellow who works up there, not me," so he had it looked into – and "never helped" the property owner with DNS complaints.

Prosecutors said investigators then asked Spencer if he was aware of the memo his office drafted about the property, and he said: "I had my folks look into it to make sure that we were clear on what the statute is." He said he "would imagine" DNS would still assert the building was used for more than car storage – and thus needed an occupancy permit.

Spencer said he was unsure if an opinion was generated, the complaint states, and "did not recall" if one was turned in to him or to DNS but that the purpose of the memo was "for DNS to understand the difference between storage and the other thing, occupying the facility." He said he can't say if DNS got the memo, but he could "assume" it was received.

DNS told investigators they never got a memo, according to the complaint. The only distribution records showed the deputy city attorney sent the memo to Spencer. He also said he did not remember providing a copy of the memo to the property owner and said he "didn't see a reason why he would need to give" the property owner a copy of the memo – which he also said was not "proprietary information."

Investigators asked Spencer if it was proper to provide the property owner with a copy of the memo, to which the complaint states he answered: "Listen, my property was at question and that building. My property, the building was at issue, the issue had to get cleared up. The issue was cleared up with DNS, so it was fitting to make sure they were cleared up at the property as well, no issue." He then reiterated that he did not remember providing the property owner with the memo.

"My cars were there, the issue was addressed to me, he just happened to be the owner. I occupied that for my cars, so it was an issue I had to clarify for me not him," Spencer told investigators, per the complaint.

A warrant was obtained to review Spencer's personal email account, the complaint states. It showed the memo was sent from Spencer's city of Milwaukee email account to Spencer's personal email account, and then sent from Spencer's personal email account to the property owner's email account.

Prosecutors also said the complaint filed against Spencer "does not exhaust the available information gathered during the investigation." Spencer's attorney said he denies the charges and disputes that he committed a crime.

Official statements

Milwaukee Mayor Cavalier Johnson

"The allegations against former City Attorney Tearman Spencer are both disturbing and disappointing. The people of Milwaukee have expectations their elected officials scrupulously follow the law, and today’s charges assert that Mr. Spencer did not.

"I have consistently called for accountability for those who violate the public’s trust. The voters of this city removed City Attorney Spencer from office in April. That was one form of accountability. He will now face accountability in a court of law.

"In our system of justice, the accused deserve both a presumption of innocence and a full opportunity to defend themselves. In this matter, it is my hope justice will come as quickly as possible."

Ald. Jonathan Brostoff

The felony misconduct charges filed against former City Attorney Tearman Spencer are disappointing to say the least. Those voted into office have an expectation to uphold the law from the people who elected them, and it appears Mr. Spencer may have violated that public trust.

All those who violate the law, elected official or otherwise, should be held accountable for their actions.

Currently, the City Attorney’s Office is in great hands with Evan Goyke. City Attorney Goyke has been working diligently on behalf of the residents of Milwaukee, and I am delighted to be able to collaborate with him on a variety of issues that will help make our city a better place.