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

DATE: Saturday, May 11, 1996                 TAG: 9605110311
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL 
TYPE: Column 
SOURCE: Charlise Lyles 
                                             LENGTH: Medium:   72 lines

DEFINITION OF HARASSMENT STILL IS UNCLEAR

We live in an era of transition.

Where one woman's sexual harassment is another woman's dirty joke or minor, but cute, indiscretion.

Anita Hill and Clarence Thomas, Paula Coughlin and Tailhook - they brought the age of awareness. But just because Phil Donahue recently showed ``Twenty Years with Gloria Steinem'' doesn't mean we've reached an age of enlightenment.

What sexual harassment is and what to do about it is still unclear in many cases.

So it is that Norfolk City Hall finds itself tangled in the spokes of history's turning wheel.

This week, most City Council members were upset about a decision by City Manager James Oliver and Mayor Paul Fraim to withhold information on sexual harassment complaints against Robert Smithwick.

Oliver reassigned Smithwick from development director to special assistant to the city manager. Only Oliver didn't tell the council the real reasons for the move until Smithwick was settled in his new office. Fraim went along with the plan.

Then, in a letter to the council, Oliver wrote that the reassignment stemmed from a city attorney's investigation of sexual harassment complaints against Smithwick by several female employees.

Now the council is considering disciplining Oliver for failure to disclose.

His dilemma was difficult. Consider the following:

Some female employees clearly saw Smithwick's behavior as offensive. Others, according to news reports, did not.

The victims' varying reactions may reflect a sexual-harassment generation gap. Perhaps among the 15 employees whom Smithwick supervised were younger women who came of age in the Anita Hill era. And older women who came of age in an office where getting pinched or called ``babe'' was routine. Smithwick, 68, is part of that era.

Add to that, Smithwick is a longtime leader at City Hall who has earned his share of kudos, including winning Nordstrom as an anchor for the MacArthur Center mall. Why ruin him on the eve of retirement?

So it doesn't surprise me that Oliver flunked the good judgment test.

In moving Smithwick to assistant city manager without full disclosure to the council, Oliver risked:

Making the offense appear, to the council and to the public, worse than it may have been.

Sending the subtle message that sexual harassment really isn't a big deal and will be handled discreetly. In fact, ``special assistant to the city manager'' sounds a lot more like a promotion. This, however, was not a merit move.

Creating the appearance of a cover-up.

Losing the council's trust.

Discipline is in order for Oliver. For it is possible to be honest and forthcoming without ruining a man. You just have to find the right words.

What about Mayor Fraim? He agreed that it was OK not to tell his fellow council members the real reason for Smithwick's move. You could call that collaboration or worse.

Even more than Oliver, he has risked losing the council's trust.

Discipline is in order.

But may the council show both men mercy. After all, this is an age of transition.

And City Hall's groping to deal with this issue - pun intended - will move us closer to an era where what sexual harassment is and how to deal with it are clear.

Or, at least, somewhat clearer. by CNB