The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Saturday, May 4, 1996                  TAG: 9605040353
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL 
SOURCE: BY ALEX MARSHALL, STAFF WRITER 
DATELINE: NORFOLK                            LENGTH: Medium:   61 lines

LETTER: CHARGES OF HARASSMENT FORCED JOB CHANGE

Former development director Robert B. Smithwick was reassigned last month because female employees in his office complained of sexual harassment, the city manager said in a confidential letter this week.

As Norfolk's chief economic salesman, Smithwick supervised 15 employees. On April 8, Smithwick said he would step down as development director May 1 to become special assistant to the city manager, continuing to oversee the city's role in developing the downtown MacArthur Center mall and handling other projects. He also retained his full $85,000 salary.

Smithwick, 68, said he was changing jobs because he wanted to scale down his duties in anticipation of retirement. Judy Begland, deputy development director, was named interim director.

In a confidential letter Thursday to the City Council, City Manager James B. Oliver said there was another reason for the transfer.

``Accusations came to our attention confidentially that several female employees of his department were subjected to ongoing sexual harassment,'' Oliver wrote. ``I asked the City Attorney to investigate the accusations independent of my office. Written affidavits were obtained.''

Smithwick denied the charges and asked to confront his accusers, Oliver's letter said. But the city attorney advised against that, saying it was ``inappropriate to the federal law that is involved,'' Oliver wrote.

The letter continues:

``There are many more details to this situation which I do not think it appropriate to provide, given the personal, legal and reputational aspects for both Mr. Smithwick and the employees who requested that they be allowed to remain anonymous. . . . Ultimately, I thought it was in the best interests of the City, Mr. Smithwick and the affected employees to initiate Mr. Smithwick's physical relocation to my office.''

Smithwick allegedly made inappropriate comments and physical gestures. Although some female employees did not find the behavior objectionable, others did. Based on an investigation by the city attorney's office, Oliver transferred Smithwick out of direct responsibility for any employees.

Smithwick was to return Friday from a business trip in China. He could not be reached for comment.

The complaints surfaced at a delicate time for the city.

The planned MacArthur Center mall, a $300 million project meant to revitalize downtown, has been moving slowly because of difficulty obtaining a promised $33 million loan from the U.S. Department of Housing and Urban Development.

The HUD loan requires hiring low- and moderate-income people for jobs at the mall's key anchor, Nordstrom. HUD Secretary Henry G. Cisneros, Nordstrom and the city are negotiating the exact hiring commitments.

Smithwick led the pursuit of Nordstrom as the essential cornerstone of the mall, and many city officials credit him with landing the Seattle-based department store. ILLUSTRATION: Photo

Robert B. Smithwick

by CNB