Update: City Manager John Weidl has noted that Ethics Board member Patrick Taylor may no longer serve on the panel given his status as an elected official. 

By Kim McDarison

Following a closed session meeting held Tuesday, the Whitewater Common Council approved an action to fill vacancies on its ethics committee.

Two items were discussed in closed session, including the following: “Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or investigations of charges against specific persons except where par. (b) applied which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations. Item to be discussed: 1) Discussion regarding complaints received by the Human Resources Department.”

During the council’s Tuesday open session meeting, held in advance of the closed session, Council President Jim Allen said two people, other than members of the council, would be invited to participate in the discussion regarding the closed session item involving complaints received by the city’s Human Resources Department. They were the city’s Human Resources Director Sara Marquardt and Kyle Gulya, of von Briesen and Roper, the law firm with which the city contracts for labor-related issues.

Also discussed during the closed session meeting was an item concerning a memorandum of understanding or MOU between the city and the University of Wisconsin-Whitewater regarding a building within the city’s industrial park known as the Innovation Center.

In advance of the closed session, councilman David Stone said he was recusing himself from the meeting. Stone did not offer a reason for his decision before exiting the council chambers. 

Action following closed session

Following its closed session, council reconvened into open session and took action on both of the closed session items listed on the agenda.

In response to its discussion regarding the MOU between the city and the university, council approved by a vote of 6-0 a request of city staff, offered through motion by councilwoman Lisa Dawsey Smith, to prepare a financial and an IT analysis for the Innovation Center and extend the current MOU through Dec. 31 of 2023.

Stone was not present during the reconvened meeting.

In response to its discussion regarding complaints received by the city’s Human Resources Department, council approved by a vote of 6-0 its request, as presented in a motion made by Dawsey Smith, to direct the city manager “to fill the ethics committee.”

The ethics committee and its role

According to information supplied in the city’s code of ordinances, the city’s Ethics Board is a five-member body, with one alternate, each of whom is a city resident.

Elected officials and employees are not eligible for appointment.

The code stipulates: “The city manager shall provide necessary staff assistance to the board. The city attorney shall routinely furnish the board whatever legal assistance is necessary to carry out its functions. However, if a possible, apparent, or actual conflict of interest involving the city attorney should occur, legal counsel shall be furnished the board through the city manager’s appointment of other legal counsel after consultation with the chair of the ethics board.

“Members of the ethics board shall be appointed by the city manager subject to confirmation by the common council.”

Ethics Board members serve three-year terms.

After receipt by the city clerk of a notarized complaint in writing naming the elected or appointed official or employee alleged to have committed a violation, the clerk or a designee shall distribute a copy of the complaint, along with a copy of the code of ethics ordinance, to the respondent within 10 working days. The same shall be sent to each member of the Ethics Board.

Information contained within the verified complaint is to be kept confidential until a proper disposition of the compliant occurs.

The ordinance next outlines a sequence of closed session meetings, during which members of the Ethics Board, by a four-or-more majority, may dismiss the case by adopting a formal dismissal action in open session. In the absence of a dismissal action, the complaint advances to a preliminary investigation.

If, after following procedures, the board concludes probable cause that a violation has taken place, a procedure will be undertaken to conduct a hearing.

According to the code, the hearing will be held in open session, unless the respondent petitions for a hearing that is closed to the public.

Upon completion of the full process, the board will make a decision regarding the case, with that determination requiring at least a four-member majority to be in agreement.

The city council then, having been presented with the board’s recommendation for censure or other action, may act.

The document states: “A member of council censured may be subject to recall pursuant to (state statute) or any other legal process authorized by law.”

If four or more members of the Ethics Board are unable to reach an agreement, the complaint is dismissed.

A link, outlining the full process, is here:  https://library.municode.com/wi/whitewater/codes/code_of_ordinances?nodeId=TIT7PUPESAMO_IOFAGPUOFGO.

Who is on the Ethics Board?

According to information found Monday on the city’s website, the city’s Ethics Board showed placement for six seats — including five regular members and one alternate — one of which was vacant.

On Monday, regular members were listed as follows: Patrick Taylor, with a term expiring in 2024; Kelsey Price, with a term expiring in 2024; Mariann Scott, with a term expiring in 2024; Sherry Stanek, with a term expiring in 2025, and a vacancy, with the seat due for reappointment in 2024. The board’s alternate member is John Nelson.

In a recent communication with WhitewaterWise, Whitewater City Manager John Weidl noted that Taylor is not eligible to serve on the Ethics Board given his elected status as the city’s municipal judge. Taylor, then the incumbent, was last elected to serve as the city’s municipal judge in April. Weidl said he sent a letter on Wednesday to Taylor alerting him of his ineligibility to serve on the board. The change leaves two vacant seats on the ethics panel, he said. 

For those who wish to be considered for board, committee or commission appointments, the website provides the following link: https://www.whitewater-wi.gov/FormCenter/City-Manager-Office-7/Board-Committee-or-Commission-Contact-Fo-62.

This story may be updated.