By Kim McDarison

The Whitewater Common Council’s Ethics Committee will meet Thursday according to its published agenda.

Among orders of business, the group will elect a chairperson, vice chairperson and secretary, and will discuss the possible retention of an outside legal firm.

The agenda additionally lists discussion and possible action regarding the setting of rules for the committee.

According to a memo from Whitewater City Clerk Karri Anderberg to the city council, presented within the body’s Tuesday meeting packet, on Dec. 14, the clerk’s office “received a notarized complaint regarding a violation of the (city’s) code of ethics.”

Within her memo Anderberg wrote that “under the ordinance, legal counsel shall be furnished after consultation with the chair of the ethics board.” 

During its upcoming meeting, the ethics committee will “set up future meeting dates,” Anderberg noted in her memo, adding: “Preliminary indications are that outside legal counsel will be necessary and requested by the ethics board.”

Mark S. Kapocius, an attorney with von Briesen and Roper, has been assigned by the firm to assist the ethics committee in anticipation of the body’s request for counsel, Anderberg wrote.

Discussion by council regarding the ethics committee began in October, when the body approved an action to fill committee vacancies.

In November, two new members of the board were approved by the council.

They are Marjorie Stoneman and Robin Fox.

In a memo to council presented in November, City Manager John Weidl wrote that he had vetted candidates for inclusion on the board, following a motion approved by the council on Oct. 17.

He noted that his office had selected Stoneman and Fox “for their distinguished qualifications,”  further describing Fox as a retired academic, “with a rich background in ethical oversight,” adding that she has served on “numerous state and national ethics boards.”

Of Stoneman, he wrote that the candidate had “deep roots in the community and her commitment to inclusivity (is) evidenced by her extensive volunteer work and founding of Whitewater Unites Lives, a human rights group.”

Among others who had expressed interest in filling one of two open seats on the committee, he said, were John Nelson, Todd Hitch and Greg Majkrzak.

Of the candidates not chosen, Weidl wrote that Nelson had expressed interest, but was “unresponsive to followup communications to set an interview.”

He described Hitch as “possessing valuable education in  biology and the environment, noting that he was “deemed a better fit for another committee position and will interview for that one instead.”

Majkrazak, Weidl noted, had announced plans to run for a seat on the city council to be decided in the upcoming April election.

Majkrazak, since announcing those intentions, has contacted WhitewaterWise to say that he has submitted the appropriate nomination forms with the city clerk’s office to be placed as a city council candidate on the April ballot.

He will be running for an at-large seat which is currently held by councilman Jim Allen.

In his November memo to council, Weidl wrote that his office was not recommending  Majkrazak for appointment to the city’s ethics board to “avoid potential conflicts of interest that may arise from his candidacy and involvement in deliberations potentially concerning the elected and appointed members.”

As earlier reported by WhitewaterWise, In October, following a closed session meeting, the Whitewater Common Council approved an action to fill vacancies on the ethics committee.

The item discussed in closed session was identified on the agenda as complaints received by the city’s Human Resources Department.

Along with council members, Human Resources Director Sara Marquardt and Kyle Gulya, of von Briesen and Roper, attended the closed session meeting.

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.

Along with the two members appointed last month, members of the committee include Kelsey Price, with a term expiring in 2024; Mariann Scott, with a term expiring in 2024, and Sherry Stanek, with a term expiring in 2025. The board’s alternate member is John Nelson.

A search on the city’s website does not produce a history of when the council’s ethics committee last met.

Responding to questions by phone, Weidl said: “I’m under the impression that they (members of the city’s ethics committee) have never met.”

An earlier story about council’s decision to fill vacancies on the ethics committee is here: https://whitewaterwise.com/council-approves-action-to-fill-vacancies-on-ethics-board-following-human-resources-related-item-discussed-in-closed-session/.