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Feb. 1 - KGO (KGO) -- There are so many questions left unanswered in the City Hall sex scandal. The biggest one -- what's next for Mayor Gavin Newsom?
Does he face a sexual harassment complaint, a lawsuit, or any other sort of fallout?
A fundraiser is taking place in the city for Gavin Newsom's re-election campaign tonight. The event was set up by Alex Tourk, the man who resigned Wednesday and launched the controversy.
Mayor Newsom would answer no questions after he apologized today, even though we asked.
ABC7's Dan Noyes: "Mayor, there are several people who have called for you to resign, will you?"
But there are so many issues at hand, primarily, will there be a sexual harassment lawsuit against the mayor and the city, and what would be the grounds?
Art Hartinger worked in the city attorney's office for nine years, defending San Francisco against such complaints.
Art Hartinger, former S.F. city attorney: "Sex is not illegal and consensual relationships are not illegal."
The city's sexual harassment policy says, "consensual romantic relationships between a supervisor or manager and a subordinate do not constitute sexual harassment per se and are not prohibited by this policy, but may create a potential for conflict or an appearance of impropriety."
Still, Hartinger says there may be several grounds for a complaint, such as, if Ruby Tourk was forced to leave her position as appointment secretary to the mayor last spring because of their affair.
Art Hartinger, former S.F. city attorney: "A relationship, otherwise consensual relationship, goes bad and a supervisor takes some type of adverse employment action, fires somebody, could there be a claim? Sure."
Sources inside the city attorney's office say Newsom made one statement today that really does not help them defend against a possible sexual harassment lawsuit.
Mayor Gavin Newsom: "I want to make it clear that everything you've heard and read is true."
The city is not just concerned about a possible lawsuit from Ruby and Alex Tourk, but other staffers in the mayor's office who may claim to have suffered a hostile work environment now that Newsom has admitted everything.
Political consultants say Newsom may weather the moral and ethical backlash better than the possible legal battle.
Bill Whelan, political consultant: "If this were not San Francisco and a very tolerant town and a very forgiving town, I think he would be in deep doo doo, as they say. If he were in a red state or in the Bible belt, he would be history."
Bill Whalen was a consultant for Governor Pete Wilson and Los Angeles Mayor Richard Riordan.
He says all the controversies Newsom has faced -- the 20 year old girlfriend, being under the influence of alcohol in public, his press secretary using phony names to blast his critics on blogs and even the 49ers possibly leaving -- have not stuck yet.
Bill Whelan, political consultant: "There is a laundry list of these various problems he's had. Most of them regarding his personal life, his own judgment, but they don't really add up to a real problem with him right now. They're all sort of random."
But now Newsom admitting an affair with his campaign manager's wife poses the biggest threat yet.
Chris Lehane, political consultant: "Clearly the mayor made an enormous mistake. I mean, there's nothing you can say to explain it or excuse it."
Chris Lehane knows about these controversies first hand. He served as special counsel to President Bill Clinton during the Monica Lewinsky scandal.
Chris Lehane, political consultant: "The most critical time period when you're facing a crisis like this is the first 24 hours. You have to get out there. You have to apologize. The apology is the first step in the process of getting the public to give you a second chance."
We know that the mayor and his lawyers are doing there best to make sure the sex scandal just goes away. If there's an out-of court settlement, we may never know about it.
Mrs. Ruby Tourk appeared on ABC7's The View from the Bay on October 13, 2006 on a segment about celebrity designer handbags. You can watch the video here.
(Copyright ©2009 KGO-TV/DT. All Rights Reserved.)
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