St. Paul mayor faces sexual harassment lawsuit as council hires outside legal defense

The St. Paul City Council voted to hire an outside law firm to defend Mayor Kaohly Her against a 73-page sexual harassment lawsuit — and council members made their frustrations clear. 

The lawsuit and what led here 

What we know:

Before the lawsuit, an HR complaint was filed and investigated. That investigation found the mayor's behavior was inappropriate and offensive but determined it did not rise to the level of sexual harassment. Then came the lawsuit, which lays out far more serious allegations.

According to the lawsuit, Mayor Her placed photoshopped pictures on Police Chief Axel Henry's desk, put her hand on his thigh during a budget meeting, made vulgar noises at a gym where the chief was working out and made numerous inappropriate comments to him, among other allegations.

Council members say they first learned of the chief's concerns about the mayor in April but heard nothing from city administration until the day of the vote — a gap of roughly six months.

What they're saying:

"In the six months during which the council and the public have been kept entirely in the dark by the administration," said St. Paul City Council Member Rebecca Noecker.

Council Member Saura Jost said she voted "yes" despite her frustration. 

"I am extremely unhappy with the situation we're in and I will vote yes today but I am just very frustrated by this entire situation and what we are being asked to do," said Jost.

Council Member Molly Coleman explained why the council felt it had no real choice. 

"If we choose not to retain outside council today, then we are putting the city up to additional liability and the risk that the mayor herself could sue the city for refusing to hire outside council," said Coleman.

The cost and public reaction 

By the numbers:

The outside law firm will be paid up to $500 an hour, but the total cost to taxpayers remains unknown. Some residents wrote to council members expressing their frustration, with one constituent writing: "Mayor Her clearly wanted to f*** around, and I do not think that our tax dollars should go to preventing her from finding out."

Coleman also raised concerns about the financial picture. "And the fact that we may be spending unknown sums of money, significant sums of the money, defending against claims that we know nothing about, despite the fact that our money has already been used to investigate those very claims," said Coleman.

Why you should care:

Some constituents are asking whether Mayor Her and Police Chief Henry can still work together effectively to ensure public safety. Coleman said she has received assurances that the two can continue to function. "I've been assured that they will continue to be able to work together and that if there were a situation that required immediate conversation, for example, between the mayor and the Police Chief, that this would continue unimpeded. And that's certainly my expectation," said Coleman.

Questions have also been raised about whether the mayor should resign. Coleman said the mayor needs to do more to reassure the public. "I think it's really important that she take responsibility for assuring the public that she can continue to lead the city now and into the future so that she has a functional relationship with the police department and with all the other departments in the city. And that she can ensure a safe workplace," said Coleman. When asked whether the mayor has done that so far, Coleman added: "I would like to see more public assurances on all of those points."

What we don't know:

The total legal cost to taxpayers has not been determined. It is also unclear what specific details the city administration has about the claims in the lawsuit, as council members say they have been given no information about the allegations despite public funds already being used to investigate them.

The Source: FOX 9's Bill Keller and Karen Scullin reporting live from St. Paul. Additional information in this story comes from court documents, a summary released by the city and a statement provided by St. Paul City Council. 

St. PaulSt. Paul City CouncilKaohly Her