A 'new day' at City Hall, but fallout ongoing
Update on wrap up of a city incident and investigation that caused waves through Wausau.
A 'new day' at City Hall, but fallout ongoing Update on wrap up of a city incident and investigation that caused waves through Wausau. Check out this story on wausaudailyherald.com: https://wdhne.ws/26Whaku
Nora G. Hertel, Wausau Daily Herald Published 6:30 a.m. CT May 5, 2016 | Updated 6:07 p.m. CT May 5, 2016
Robert Mielke(Photo: Photo supplied)
WAUSAU - Tension in City Hall built up between November and April due to an investigation into a City Council member, but that tension is starting to dissipate, says newly appointed City Council President Lisa Rasmussen and new Mayor Robert Mielke.
The legal ramifications are ongoing, but Wausau leaders hope fractured relationships are on the mend.
"It's a new day. I can't stress that enough," Mielke said. "We're trying to change things."
In November, a city department head submitted a report alleging former City Council member Keene Winters swore at him and threatened his job. Shortly after that, then-Mayor Jim Tipple and Mielke, as City Council president, directed Human Resources Director Myla Hite to collect facts on the incident. She ended up drafting a 200-plus-page report with additional allegations of bad behavior by Winters.
The fallout from the investigation into Winters has taken many forms: an outside review, employee grievances, an ethics complaint, a civil lawsuit and consideration of criminal charges by the district attorney.
All of those matters are still unfolding. And the Ethics Board met Thursday for the first time since the drama began and likely took up a complaint filed by Winters against Mielke.
An outside investigation report, released publicly in April, included suggestions for improvement and a withering assessment of what went wrong after the initial incident report.
"Frankly, there is a lot of blame to go around," Green Bay Attorney Anthony Wachewisz wrote in his investigation of the city's actions. "I believe that it would be improper to pin it on one individual. All of the individuals involved deserve a share of the blame including Mr. Winters."
Here's a status update on the different loose threads:
Employee grievances
Two employees have filed grievances relating to the Winters investigation. Normally the Human Resources Committee addresses these and holds hearings. But the city's insurer, the Cities & Villages Mutual Insurance Co., will step in to mediate the grievances, said Human Resources Chairman Romey Wagner.
The details of the grievances have not been shared publicly, but Wagner openly lamented the fact that he can't turn to the city attorney and human resources director for guidance because they are involved in the grievances.
He's hopeful that all the parties can come to an agreement.
Members have come and gone on the Ethics Board this year, according to city documents. The board of five lost three members starting with the former chairman, Joseph Hoppa in January.
He resigned, declaring that the city's process for investigating Winters made the board irrelevant.
Two new members joined the board in April. And it met Thursday, largely in closed session.
Board members selected Chet Suski as their new chairman on Thursday, said City Clerk Toni Rayala. It's likely the board discussed the Winters' complaint, but the agenda was not specific.
"The meeting was closed to the public and the subject of their discussions was kept secret," Winters said in an email Thursday. "While I understand that a closed session is appropriate, the failure to disclose the subject of the closed-door session is not in compliance with the Wisconsin Open Meetings Law."
Winters filed an ethics complaint against Mielke in March, alleging Mielke "knowingly exceeded his authority" in his role spurring the start of the Winters investigation.
Last week the City Council voted to hire an outside attorney to support the Ethics Board in its review of the complaint, because City Attorney Anne Jacobson might be called as a witness and cannot be both legal council and witness.
The Ethics Board has tentative plans to meet again on Monday, Rayala said.
District attorney to review investigation
Marathon County District Attorney Ken Heimerman received the investigation into the Wausau's management of the November conflict. He'll try to go over it within 30 days of receipt, he said Tuesday, but he hasn't reviewed it yet.
Wausau passed off the report to Heimerman on April 19, just after the council voted to refer it to him. When he looks at it, he'll determine whether or not there's a conflict of interest. County and city officials often know one another and work together and that could be considered a conflict.
If there is an issue, Heimerman said he'll refer the matter to a DA in an adjoining county. If he doesn't perceive a conflict, he considers the information for criminal charges.
Winters asked the City Council in March to refer the whole matter to the DA for investigation, but the board did not agree.
Wachewicz offered a number of suggestions to city leaders in his report, such as adopting a Code of Conduct for the Council, something Mielke started working on last fall. Wachewicz also suggested team building exercises and possibly counseling to improve communication among officials.
A new team
Mielke wishes all the follow-up from the November incident was wrapped up, he said Tuesday. "I want to move us forward, no more drama and dysfunction."
The City Council has four new members. Mielke has moved to the mayor's office and former Mayor Jim Tipple retired. Old and new members of the City Council know they need to improve the image of their city government. They're participating in a retreat next Monday.
Last week Rasmussen joined Mielke and city staff in a meeting to talk about goals for communication and setting expectations.
"Before (the turnover) the tension in the building was just really palpable," Rasmussen said. "You could kind of see it in people's faces."
She has a list of ways the staff, mayor's office and City Council can get along and work together better than during the last term.
Mielke said the mood is starting to lighten and officials know they have to take steps to improve management of future incidents.
"We don't ever want to go through this again," he said. "It's been too disruptive emotionally, financially."
Nora G. Hertel: nora.hertel@gannettwisconsin.com or 715-845-0665; on Twitter @nghertel.
Highlights from the Wachewicz's analysis
Elected officials shouldn't be treated as city employees. "The involvement of an elected official should have immediately signaled a heightened sense of review and analysis to determine how to handle these allegations consistent with an appropriate process for elected officials," Wachewicz wrote. "(Elected officials) are subject to different rules and procedures and have been historically treated this way."
The City Council should have weighed in on whether or not to investigate a Council member.
"The process and investigation was virtually doomed from the beginning," Wachewicz wrote.
The report on the November incident was described as an exploration of the workplace environment but focused on Winters and his behavior.
Revealing personal details in the Winters investigation report could impact whether employees report incidents in the future. "Having all this information, which individuals may believe is personal in nature, out in the public domain for friends, family and others to read may certainly create further anxiety," states the report. "It will also likely lead others to not report matters in the future due to a fear of disclosure."
Hiring Ruder Ware Attorney Dean Dietrich to oversee the probe did not comply with the city's procurement policy. The cost will exceed $5,000.
Personal issues and a lack of communications allowed matters to spiral. "At virtually every stage of this process, there has been a power and/or personality struggle," Wachewicz said.
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