City of Madison clears civil rights director of discrimination claims

The City of Madison has cleared Civil Rights Director Norman Davis of claims that he discriminated against employees on the basis of gender and disability

The city’s newly-released investigation, however, raises red flags about Davis’ leadership style and says he fostered a “severe lack of trust” within the department he runs.

The city released an external report Friday afternoon in response to a public records request from WPR.

The findings came in response to a complaint filed last November by the Madison Professional & Supervisory Employees Association. In that complaint, close to a dozen employees said Davis had subjected female employees and workers with disabilities to unfair treatment. The report also responded to a complaint filed in May by a party whose name is redacted.

The city completed its investigation using the external labor relations firm O’Neil, Cannon, Hollman, DeJong & Laing. That investigation carried an estimated price tag of up to $30,000, a city spokesperson said previously.

In a partially redacted report, Erica Reib, the attorney hired by the city, said Davis had a pattern of “strict rule adherence” and of insisting on one-on-one meetings. She said Davis enforced those rules in a “gender neutral” way, although Reib did note that the workers at the City of Madison Department of Civil Rights  are disproportionately women.

“Although numerous employees had concerns about Director Davis’s behavior, frequently classifying it as ‘authoritarian’ or ‘bullying,’ I cannot conclude that these actions were directed toward female employees because of their sex,” Reib wrote. “Although many instances were with female employees, the makeup of DCR is largely female.”

Additionally, the report concluded that Davis had not violated disability-related policies. Specifically, it said Davis was not unreasonable when he denied an employee’s request to work remotely five days a week. It also rejected allegations that Davis had retaliated against employees who filed requests for reasonable accommodation on the basis of disability.

Furthermore, Reib concluded that Davis had not violated city policy when he refused to let union representatives join employees in certain meetings.

“MPSEA is not entitled to be in non-disciplinary meetings,” Reib wrote. “Although there may be valid reasons for employees to want them in such meetings, Director Davis’s refusal to permit it is not a violation.”

MPSEA President Dan Rolfs declined to comment Friday afternoon.

Despite her conclusions, Reib said she believed employees’ concerns were
“genuinely expressed”when they criticized Davis’ management style and spoke about fear of retaliation.

“Although Director Davis’s actions may be ‘by the book,’ the workplace culture that has been created by his actions and lack of explanation is problematic,” she wrote.

Davis’ “rigidity” and lapses in communication “caused a severe lack of trust in DCR,” Reib wrote.

The office of Madison Mayor Satya Rhodes-Conway declined to comment Friday on the report’s findings. 

Reached for comment late Friday afternoon, Davis referred the matter to an attorney, who did not immediately respond. Davis remains employed with the city with a salary of $162,576.

Davis has led Madison’s civil rights department since 2016. His current contract expires in September of next year. Renewal would require a recommendation from the mayor followed by approval from the Common Council.