Weidner vs City of Racine Unsealed Documents 1 by Communicator News

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ÂŁL2i=2^ FILED FILED 01-16-2019 124)1-2017 Clerk of Circuit Court Clerk of Circuit Court Racine County Racine County 2017CV001644

STATE OF WISCONSIN

CIRCUIT COURT

RACINE CCft#N5W)0l644

SANDRA J. WEIDNER, 2310 Thor Avenue Racine, WI 53405 Petitioner,

Case No. 17-CV-1644 (Case Code: 30952 - Petition for Writ of Mandamus) ____ _

v. CITY OF RACINE, a Wisconsin Municipal Corporation c/o City Clerk, Janice Johnson-Martin City Hall 730 Washington Avenue - Room 103 Racine, WI 53403, Respondent.

SUMMONS

THE STATE OF WISCONSIN, To each person named above as a Defendant: You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is attached, states the nature and basis of the legal action. Within twenty (20) days of receiving this summons, you must respond with a written answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is 730 Wisconsin Avenue, Racine, Wisconsin 53403, and to Mark R. Hinkston, Knuteson, Hinkston & Quinn, S.C., plaintiffs attorneys, whose address is 500 College Avenue, Racine, Wisconsin, 53403. You may have an attorney help or represent you.

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If you do not provide a proper answer within twenty (20) days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

Dated 1st day of December, 2017. KNUTESON, HINKSTON & QUINN, S.C. Attorneys for Petitioner, Sandra J. Weidner

Electronically signed by Mark R. Hinkston By: Atty. Mark R. Hinkston (State Bar No. 1022427)

Address: 500 College Avenue Racine, WI 53403 Phone: (262)633-2000 Fax: (262) 633-9900

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Page 3 of 21 FILED 11-29-2017 Clerk of Circuit Court Kacme county

STATE OF WISCONSIN

CIRCUIT COURT

RACINE C QfcFM5Wjo 1644 Honorable Eugene A. Gasiorkiewicz Branch 2

SANDRA J. WEIDNER, 2310 Thor Avenue Racine, WI 53405 Petitioner,

Case No. (Case Code: 30952 - Petition for Writ of Mandamus)

CITY OF RACINE, a Wisconsin Municipal Corporation c/o City Clerk, Janice Johnson-Martin City Hall 730 Washington Avenue - Room 103 Racine, WI 53403, Respondent.

PETITION FOR WRIT OF MANDAMUS

NOW COMES THE PETITIONER, Sandra J. Weidner, by her attorney, and pursuant to sections 19.37 and 783.01, Wis. Stats., petitions this Court for a writ of mandamus ordering the City of Racine to provide such information to Petitioner as is specified herein and to grant such other requested relief and in support hereof alleges: 1.

Petitioner, Sandra J. Weidner, is an adult resident of the State of Wisconsin, County

of Racine, with a residence address of 2310 Thor Avenue, Racine, Wisconsin 53405. At all times material hereto, Weidner was acting in her capacity as a member (alderperson) of the Common Council of the City of Racine and within the scope of her employment, agency, and authority.

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The City of Racine (“City’) is a municipal corporation organized and operated under

the laws of the State of Wisconsin, with a principal address of 730 Washington Avenue, Racine, Wisconsin 53403.

On August 22, 2017, the Common Council Executive Committee met per a request

from City Attorney Scott Letteney “to meet. . . in Closed Session, pursuant to Wisconsin Statues section 19.85(l)(h), to consider whether to request confidential written advice from the City of Racine Board of Ethics regarding the applicability of Racine Ordinance Section 2-581(a) to the disclosure of certain confidential information and privileged information, by certain officials, which information was gained in the course of, or by reason of, the officials’ official position or official activities.” 4.

In addition to Executive Committee members, all common council members were

present at the meeting. During the meeting.

Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 1.9.19 Oral Decision 5.

Atty. Letteney

Redacted Pursuant to 1.9.19 Oral

received a recommendation from the Executive Committee

that the matter be referred to the City of Racine Ethics Board for an advisory opinion as to whether the alleged disclosures violate that portion of Sec. 2-5 81(a) of the Ethics Code which prohibits disclosure of confidential or privileged information. 6.

Via counsel, Ms. Weidner thereafter notified Atty. Letteney of her position

Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 1 9 19 Oral Decision

md requested copies of the communications which were the

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subject of the Executive Committee meeting Redacted Pursuant to 1.9.19 Oral Decision Redacted Pursuant to 1 9 19 Oral Decision

(See 9/05/17 correspondence attached as Exhibit A). 7.

In reply, Atty. Letteney refused to provide copies of any of the subject information,

stating in part: “ I cannot comment on the substance of the August 22,2017 City of Racine Executive Committee meeting to which you refer. Further, such Executive Committee meeting was held in closed session. No person has the authority to reveal matters discussed in closed session.” (See email accompanying as Exhibit B attached hereto). 8.

Ms. Weidner, via counsel, thereafter reiterated her request for the information and it

again was denied. (See 10/03/17 correspondence and reply attached hereto as Exhibits C and D). 9.

On October 9, 2017, via counsel, Ms. Weidner requested that the Board of Ethics,

among other requests, authorize disclosure of materials that were submitted to the Board for consideration and advice. (See Exhibit E attached hereto).

To date, Ms. Weidner has not received

a reply to the request. 10.

Per section 2-585 of the City of Racine Ordinances, an individual may request of the

Ethics Board “an advisory opinion regarding the propriety of any matter to which the person is or may become a party. . . .”

This mirrors section 19.59(5)(a) of the Wisconsin Statutes, which

provides that “[a]ny individual, either personally or on behalf of an organization or governmental body, may request of a . . . municipal ethics board ... an advisory opinion regarding the propriety of any matter to which the person is or may become a party.” The Board “shall review a request for an advisory opinion and may advise the person making the request.” Id. Redacted Pursuant to 1.9.19 Oral Decision

11.

Ms. Weidner is in effect “a party” to the matters on which

is seeking

guidance from the City of Racine Ethics Board. As such, fairness and due process dictate that she 3

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be allowed to fully participate, with counsel, in any proceedings before the Ethics Board on the Cityâ&#x20AC;&#x2122;s submission and to submit materials to the Ethics Board in presentation of her position and to rebut the position of the City, with which she disagrees. 12.

In order to effectuate her participation, and facilitate due process, it is essential that

the City provide her, as she requested, with copies of any and all documents which the City Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 19 19 Oral Decision

Redacted

cites in support of

request of the Ethics Board for an advisory opinion (namely, those

presented to the Executive Committee on August 22, 2017). 13.

Ms. Weidner has a clear legal right to receipt of said documents and the City has a

plain and positive duty to provide said information to her.

Should she not be allowed such

documentation, she will suffer irreparable injury in that she will be deprived of due process of law and unable to adequately present her position - Redacted Pursuant to I-.9.19 Â°ral Decision Redacted Pursuant to 1.9.19 Oral Decision

14.

- and she has no other adequate remedy at law.

The refusal by the City to provide the information requested by Ms. Weidner is

arbitrary and capricious. WHEREFORE, Petitioner, Sandra J. Weidner, requests:

(A)

A writ of mandamus requiring that the City provide her with any and all documentation (information) it alleges or submits to the Ethics Board in support of its request of the Board for an advisory opinion as to her actions involving such documentation;

(B)

A writ or order prohibiting the City of Racine Board of Ethics from proceeding further Redacted Pursuant to 1.9.19 Oral Decision

request for an advisory opinion until the

with any consideration of

City has provided Ms. Weidner with the subject documentation and she has been 4

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afforded an appropriate opportunity to submit to the Board her position before it on such documentation and her actions relative thereto; (C)

An order requiring the City of Racine, pursuant to sec. 895.46(l)(a), Wis. Stats, or as otherwise provided by law, to pay the reasonable attorneyâ&#x20AC;&#x2122;s fees and costs incurred by Ms. Weidner in participating in the Ethics Board inquiry and proceedings initiated by the City via City Attorney Letteney;

(D)

An order, pursuant to sec. 19.37(2), Wis. Stats., awarding to Ms. Weidner reasonable attorneyâ&#x20AC;&#x2122;s fees incurred in procuring the relief sought herein;

(E)

An order, pursuant to sec. 19.37(3), Wis. Stats., awarding to Ms. Weidner punitive damages; and

(F)

Such other and further relief the Court deems just, proper, and equitable.

Dated this 29th day of November, 2017.

KNUTESON, HINKSTON & QUINN, S.C. Attorneys for Petitioner, Sandra J. Weidner

Electronically signed by Mark R. Hinkston By: Atty. Mark R. Hinkston * (State Bar No. 1022427)

Address: 500 College Avenue Racine, WI 53403 Phone: (262)633-2000 Fax: (262) 633-9900

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Knuteson, Hinkston & Quinn, S.C. - a limited liability organization -

Attorneys at Law Of Counsel: John W. Knuteson, J.D., C.P.A. Mark R. Hinkston, J.D.

500 College Avenue Racine, WI 53403-1058 Telephone: 262-633-2000 Facsimile: 262-633-9900 E-mail: k!iq(5)kliqiaw.com

Mark Lukoff, S.C. Circuit Court Commissioner

Matthew H. Quinn, Retired John V. Casanova, J.D. (1925-2010)

September 5, 2017 Via Email [scott.letteney@cityofracine.org] and Hand-Delivery Atty. Scott Letteney City Attorney Racine City Attorney's Office 730 Washington Ave Racine WI 53403-1146 Re:

8/22/17 Executive Council Meeting (regarding pursuit of opinion from Board of Ethics)

Dear Attorney Letteney: I represent Sandy Weidner and write on her behalf in regard to your efforts to seek an advisory opinion from the City of Racine Board of Ethics. Please direct any reply and any further communications regarding this to my attention. Neither the sending of this communication nor anything contained herein shall be construed as a waiver of any right to confidentiality of subject matter or identity. Furthermore, this is not intended in any manner to be a dissemination to the public constituting any sort of consent to disclosure that Ms. Weidner is in any manner connected to or the subject of your request for Ethics Board advice. I am aware that on August 22, 2017, the Common Council Executive Committee met regarding a “Communication from [you] to meet with the Executive Committee, in Closed Session, pursuant to Wisconsin Statues section 19.85(l)(h), to consider whether to request confidential written advice from the City of Racine Board of Ethics regarding the applicability of Racine Ordinance Section 2-5 81(a) to the disclosure of certain confidential information and privileged information, by certain officials, which information was gained in the course of, or by reason of, the officials’ official position or official activities.” I understand from Alderman Weidner that, in addition to Executive Committee members, all common council members were present (at your specific invitation). During the meeting, you

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September 5, 2017 Page 2

Redacted Pursuant to 1.9.19 Oral Decision Redacted Pursuant to 1.9.19 Oral D

You received a recommendation from the Executive Committee that the matter be referred to the City of Racine Ethics Board for an advisory opinion as to whether the alleged disclosures violate that portion of Sec. 2-581(a) of the Ethics Code which prohibits disclosure of confidential or privileged information. It was Aid. Weidner’s presumption that the Executive Committee recommendation would be put to a vote at this evening’s Common Council meeting, but the agenda makes no reference to the matter. In view of this, it is our presumption that you are circumventing final council approval and intend on proceeding directly to the Ethics Board. On Ms. Weidner’s behalf, I am expressing objection to opinion on this matter.

Redacted Pursua

pursuit of an Ethics Board advisory

As you know, the City Code specifies two procedures whereby the Board of Ethics may consider the ethics of certain actual or proposed conduct. First, per Section 2-584, the Board may accept a verified complaint in writing that specifies “the activities of such officer or employee which are alleged to be in violation of the code of ethics.” If the Board finds probable cause that an ethics violation exists, it is to hold a hearing and ultimately make a written determination as to the existence of a violation and what action, if any, should be taken. Second, per section 2-585, an individual may request of the Board “an advisory opinion regarding Redacted Pursuant to 19 19 Oral Decision the propriety of any matter to which the person is or may become a party. . . . Redacted Pursuant to 1.9.19 Oral Decision

According to Ms. Weidner, at the Executive Committee meeting you Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 1.9.19 Oral Decision

'Per section 19.59(5)(a) of the Wisconsin Statutes, “[a}ny individual, either personally or on behalf of an organization or governmental body, may request of a... municipal ethics board... an advisory opinion regarding the propriety of any matter to which the person is or may become a party.” The Board “shall review a request for an advisory opinion and may advise the person making the request. No one “may make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.” A city council may convene in closed session to consider requests for confidential written advice from a municipal ethics board under s. 19.59 (5)). (sec. 19.85(h), Wis. Stats.).

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September 5, 2017 Page 3 The advisory opinion route appears to be intended to allow a city official or employee an opportunity to obtain an opinion about whether something can or cannot be done - to get guidance beforehand. This would not appear to be your intent. Redacted Pursuant to 1.9.1

instead using the advisory opinion process to have the Ethics Board look at actions that Redacted Pursuant to 1.9.19 Oral Decision have alreadv occurred. Redacted Pursuant to 1.9.19 Oral Decision The problem in using the advisory opinion track in this way is that in doing so, you are as a practical matter treating this as a prosecution. You are not affording the “accused” an opportunity to give their input or insight or in any way defend their actions. It is because of this that I am copying the Ethics Board and asking that Ms. Weidner be allowed to participate and fully give her position. Per section 19.59(5)(a) of the Wisconsin Statutes, “[a]ny individual, either personally or on behalf of an organization or governmental body, may request of a... municipal ethics board... an advisory opinion regarding the propriety of any matter to which the person is or may become a party.” Because Ms. Weidner is the primary target of your ethics inquiry, she is a party to the matter and should be allowed to participate in the process. At the closed Executive Committee session, you Redacted Pursuant to I..9.19 °ral Decision Redacted Pursuant to 1.9.19 Oral Decision Redacted Pursuant to 1.9.19 Oral Decision On Ms. Weidner’s behalf, I ask that she is provided those materials so that she may appropriately and adequately give her position on each ~ .. . Redacted Pursuant to 19 19 Oral Decision or the items Redacted Pursuant to 19 19 Oral Decision

Sec. 2-581(a) (“Prohibited conduct”), which provides in part: “Violation of work rules. Appointed officials and employees . . . shall not disclose confidential information or privileged information gained in the course of, or bv reason of his/her official position or official Redacted Pursuant to 1.9.19 Oral Decision activities.” Redacted Pursuant to 19 19 Oral Decision

At the Executive Committee meeting you Redacted Pursuant to I-.9.19 Ora! Decisi°n

Redacted Pursuant to 1.9.19 Oral Decision The definitions in section 2-578 of the Ethics Code are quite broad. “Confidential information” means written material or oral information related to city government, which is not otherwise subject to the public records law and which is expressly designated or marked as confidential. (Sec. 2-578). “Privileged information” means information obtained under government authority which has not become a part of the body of public information. (Sec. 2-578).

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September 5, 2017 Page 4 The Racine Code of Ethics does not specify or discuss what is meant by “attorney-client privileged.”2 The general rule of attorney-client privilege set forth in sec. 905.03(2) of the Wisconsin Statutes provides that “[a] communication is “confidential" in this [attorney-client] context if not intended to be disclosed to 3rd persons other than those to whom disclosure is in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.” (sec. 905.03(l)(d)). As I understand it, the City has not given the Common Council any insight into what is considered confidential or privileged, especially as it relates to the attorney-client privilege. The Alderman’s Handbook contains no guidance. There have been no seminars or presentations. It also does not appear that the Board of Ethics has guidelines that shed sufficient light on confidential and privileged information so as to allow officials to get clear guidance on this issue, although it is required to “adopt guidelines and procedures necessary to carry out the provisions of this chapter and shall promptly advise the affected officers and employees thereof.” (Sec. 2-584(a)). You appear to believe

Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 1.9.19 Oral Decision Redacted Pursuant to 1.9.19 Oral Decision

To countenance and support such a position will cause each and every alderperson to err on the side of seeking review and guidance on what they can and cannot share. Some may choose to reject even requests for the most clearly mundane information, rather than face potential inquiry and punishment. All in all, it will have a chilling effect on each and every alderperson’s efforts to adequately and fully serve their constituencies. Redacted Pursuant to 1.9.19 Oral Decision

not all communications between a lawyer and client are privileged; only communication made in confidence to an attorney for the purpose of obtaining legal advice is protected. United States v. Weger, 709 F.2d 1151,1154 (7th Cir. 1983). In other words, merely because a communication is between an attorney and client does not mean it is privileged: “A mere showing that the communication was from a client to his [or her] attorney is insufficient to warrant a finding that the communication is privileged.” Jax v. Jax, 73 Wis. 2d 572, 243 N.W.2d 831 (1976). ” Redacted Pursuant to 19 19 Oral Decision

The party claiming the privilege bears the burden to prove each of the elements. Redacted Pursuant to 1.9.19 Oral Decision The first task they would face would be to determine whether the document is indeed attorney-client privileged.

2The City of Racine Employee Handbook (Section 6.12 SOCIAL MEDIA POLICY) provides in part: “Employees may not disclose any confidential information... obtained in the course of their employment. Confidential information is defined as information disclosure which is prohibited by federal, state, or local law, personal health information of others, non-public law enforcement records, attorney-client privileged information, or other similar types of information.” It does not, however, define attorney-client privilege.

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September 5, 2017 Page 5 In the municipal context, the attorney-client parameters are often not as clear cut as they are in the private setting. Added to this is the fact that Council Members must often balance between the competing interests of transparency in government in order to serve the best interests of their constituents and the preservation of confidentiality that in some contexts must be maintained by their employing municipality. â&#x20AC;&#x153;The circumstances under which the attorney-client privilege applies in a municipal setting is far from clear.â&#x20AC;? Goodman and Zabokrtskya, The Attorney-Client Privilege and The Municipal Lawyer, 48 Drake L. Rev. 655, 676 (2000). This unclarity, the vagueness of the City Ordinance Redacted Pursuant to 19 19 Oral Decision , and the fact that the City of Racine has done little if anything to educate the Common Council on the standards, support a conclusion that there have not been sufficiently obvious and clear ethical violations to support Ethics Board involvement. request of the Ethics Board and your approach - summoning the entire council The timing of before the Executive Committee - must be questioned. Nonetheless, Ms. Weidner looks forward to defending against assertions, albeit in the misplaced context of an Ethics Board Advisory Opinion request. To effectively do so, Ms. Weidner should be provided copies of the subject communications involving her forthwith so that she may participate in the process. Redacted Purs

Redacted Pursua

I look forward to your prompt reply. Sincerely,

Mark R. Hinkston cc: City of Racine Board of Ethics City of Racine Common Council (_CH_ALD@cityofracine. org)

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Page 1 of2

Subject:

RE: Board of Ethics Inquiry

From:

Letteney, Scott (Scott.Letteney@cityofracine.org)

To:

mhinkston@sbcglobal.net;

Cc:

CH_ALD@cityofracine.org; mwyant@wyantlaw.com; lmurphy@glr-law.com; rmozol@att.net; Ernestnia@gmail.com; norma@bwoinsurance.com; James.Palenick@cityofracine.org; Nicole.Larsen@cityofracine.org;

Date:

Wednesday, September 6, 2017 8:53 AM

Attorney Hinkston,

I am in receipt of your September 5, 2017 correspondence. Inasmuch as I am bound by attorney-client confidentiality, I cannot comment on the substance of the August 22,2017 City of Racine Executive Committee meeting to which you refer. Further, such Executive Committee meeting was held in closed session. No person has the authority to reveal matters discussed in closed session.

For future reference, the City Attorney does not have the ability to call a meeting of the Executive Committee. Only the Mayor has such authority. Further, because the Executive Committee is a subunit of the City of Racine Common Council, all members of the Common Council have the privilege to attend an Executive Committee meeting. It has been my experience that all Common Council members are invited to attend such meetings.

SCOTT R. LETTENEY City Attorney City of Racine, Wisconsin

City Attorney’s Office 730 Washington Avenue Room 201 Racine, Wisconsin 53403 (262)636-9115

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https://mail.yahoo.com/

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Fax: (262) 636-9570 scott; I ettency fj7>cttyofrnci ne.org

PRIVILEGE AND CONFIDENTIALITY NOTICE. This electronic transmission may contain work-product or information protected under the attorney-client privilege, both of which are protected from disclosure. This message is intended exclusively for the individual or entity to which it is addressed. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail or telephone at (262) 636-9115, and delete or destroy all copies of the message. APPLICABILITY OF WISCONSIN PUBLIC RECORDS LAW. The City of Racine is subject to the Wisconsin Public Records law. Unless otherwise exempted from the public records law, senders and receivers of City of Racine e-mail should presume that e-mail is subject to release upon request and is subject to state records retention requirements. â&#x20AC;&#x153;I cannot give you the formula for success, but I can give you the formula for failure, which is: Try to please everybody.â&#x20AC;? Herbert W. Swope

From: Mark Hinkston [mailto:mhinkston@sbcglobal.net] Sent: Tuesday, September 5, 2017 3:33 PM To: Letteney, Scott <Scott.Letteney@cityofracine.org> Subject: Board of Ethics Inquiry

Please see accompanying.

https://maiLyahoo.com/

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Knuteson, Hinkston & Quinn, S.C. - a limited liability organization -

Attorneys at Law Of Counsel: John W. Knuteson, J.D., C.P.A. Mark R. Hinkston, J.D.

500 College Avenue Racine, WI 53403-1058 Telephone: 262-633-2000 Facsimile: 262-633-9900 E-mail: khnWkhqlaw.cqm

Mark Lukoff, S.C. Circuit Court Commissioner

Matthew H. Quinn, Retired John V. Casanova, J.D. (1925-2010)

October 3, 2017 Via Email [scott.letteney@cityofracine.org] Atty. Scott Letteney City Attorney Racine City Attorney's Office 730 Washington Ave Racine WI 53403-1146

Re:

Pursuit of opinion from Board of Ethics

Dear Attorney Letteney: I reply to your 9/06/17 emails to myself and the Council (also copied to Board of Ethics). As noted in my initial communication, neither the sending of this communication nor anything contained herein shall be construed as a waiver of any right to confidentiality of subject matter or identity. Furthermore, this is not intended in any manner to be a dissemination to the public constituting any sort of consent to disclosure that Ms. Weidner is in any manner connected to or the subject of your request for Ethics Board advice. While you did not address my specific request that you provide Aid. Weidner with the communications Redacted Pursuant to 1.9.19 Oral Decision yOU did state that â&#x20AC;&#x153;[n]o person has the authority to reveal matters discussed in closed session.â&#x20AC;? I interpret that as a refusal to cooperate and voluntarily provide copies of the items. It is indeed true

Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 1.9.19 Oral Decision Exhibit C

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October 3, 2017 Page 2

Providing Aid. Weidner with copies of the communications Redacted Pursuant to 1.9.19 Oral Decision Related Pursuant to 1.9.19

no^ a prohibited revelation when you Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 1.9.19 Oral Decision

At the very least, we would ask that you identify and specify via list form the communications that are the subject of aethics inquiry so that, as stated in my initial letter, Aid. Weidner is able to meaningfully participate in the Board of Ethics process. Redacted Pursu

Redacted Pursuant to 1.9.19 Oral Decision In the broadest terms, this entails two facets: the underlying allegedly privileged communications and the communications by which the allegedly privileged communications were disclosed. Thus, at the very least we would ask that you provide a list identifying: (a) the allegedly privileged communications disseminated by Aid. Weidner; and (b) the communications from her whereby she allegedly unlawfully disclosed such information. It is undisputed that Aid. Weidner received the underlying (allegedly privileged) communications Redacted Pursuant to 1.9.19 Oral Decision and you Merely identifying those communications now seems to be a fair compromise that would allow Aid. Weidner meaningful participation while preserving the sanctity and confidentiality of both the Executive Committee proceedings and the Board of Ethics process. In the meantime, I object to your inaccurate representation that in copying the Board of Ethics, I have somehow attempted to subvert the process. On the contrary, as noted initially, as the primary target of ethics inquiry, Aid. Weidner has the right to participate in this process. It is her desire and intention to do so, with me as her legal counsel. The only meaningful way for her to participate is to have a full and accurate identification of all items that are the subject of inquiry. Redacted Pursua

Redacted Pursuant to 1.9.19 Oral Decision

I thank you for your anticipated time in considering our request and look forward to prompt receipt of the requested information. Sincerely,

Mark R. Hinkston cc: City of Racine Board of Ethics Racine Common Council

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Page 1 of2

Subject:

RE: Board of Ethics Advisory Opinion

From:

Letteney, Scott (Scott.Letteney@cityofracine.org)

To:

mhinkston@sbcglobal.net;

Cc:

CH_ALD@cityofracine.org; mwyant@wyantlaw.com; lmurphy@glr-law.com; rmozol@att.net; Ernestnia@gmail.com; norma@bwoinsurance.com; James.Palenick@cityofracine.org; Nicole.Larsen@cityofracine.org;

Date:

Tuesday, October 3, 2017 5:13 PM

Attorney Hinkston,

Inasmuch as I am bound by attorney-client confidence and by the confidentiality of a Closed Meeting, I cannot, and do not, comment on anything contained in your correspondence.

The City of Racine Executive Committee has directed me to act in their behalf in a very specific manner. The City of Racine Common Council affirmed the Executive Committeeâ&#x20AC;&#x2122;s direction. I have no discretion to act in a different manner.

SCOTT R. LETTENEY City Attorney City of Racine, Wisconsin

City Attorneyâ&#x20AC;&#x2122;s Office 730 Washington Avenue Room 201 Racine, Wisconsin 53403 (262) 636-9115 Fax: (262) 636-9570 scull, lei toncy^city ofraoipg.org

Exhibit D https://mail.yahoo.com/

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Page 2 of 2

From: Mark Hinkston [mailto:mhinkston@sbcglobal.net] Sent: Tuesday, October 3, 2017 1:36 PM To: Letteney, Scott <Scott.Letteney@cityofracine.org> Subject: Board of Ethics Advisory Opinion

Please see accompanying.

Atty. Mark R. Hinkston Knuteson, Hinkston & Quinn, S.C. 500 College Avenue Racine, WI 53403 (262) 633-2000

https://mail.yahoo.com/

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Knuteson, Hinkston & Quinn, S.C. - a limited liability organization -

Attorneys at Law Of Counsel: John W. Knuteson, J.D., C.P.A. Mark R. Hinkston, J.D.

500 College Avenue Racine, WI 53403-1058 Telephone: 262-633-2000 Facsimile: 262-633-9900 E-mail: khT,’.':b yv T,

Mark Lukoff, S.C. Circuit Court Commissioner

Matthew H. Quinn, Retired John V. Casanova, J.D. (1925-2010)

October 9, 2017 City of Racine Board of Ethics 730 Washington Ave Racine WI 53403-1146 Re:

Executive Committee Request for Advisory Opinion

Dear Ethics Board Members: Redacted Pursuant to 1.9.19 Oral Decision

I represent Sandy Weidner and write on her behalf in regard to the recent request for an advisory opinion from your Board. You will recall that I copied you on my correspondence with the City Attorney. Neither this submission nor anything contained herein shall be construed as a waiver of any right to confidentiality of subject matter or identity. Furthermore, this is not intended in any manner to be a dissemination to the public constituting a consent to disclosure that Ms. Weidner is in any manner connected to or the subject of the City Attorney’s request for Ethics Board advice. As noted in prior correspondence, on August 22,2017, the Common Council Executive Committee met regarding a “Communication from the City Attorney to meet with the Executive Committee, in Closed Session, pursuant to Wisconsin Statues section 19.85(l)(h), to consider whether to request confidential written advice from the City of Racine Board of Ethics regarding the applicability of Racine Ordinance Section 2-581(a) to the disclosure of certain confidential information and privileged information, by certain officials, which information was gained in the course of, or by reason of, the officials’ official position or official activities.” All Executive Committee and Common Council members attended. During the meeting.

Redacted Pursuant to 1.9.19 Oral Decision

Exhibit E

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October 9, 2017 Page 2 Redacted Pursuant to 1.9.19 Oral De

He received a recommendation from the Executive Committee that the matter be referred to the City of Racine Ethics Board for an advisory opinion as to whether the alleged disclosures violate that portion of Sec. 2-581(a) of the Ethics Code which prohibits disclosure of confidential or privileged information. More specifically, at the meeting, the Executive Committee formally recommended “[t]hat the Executive Committee request from the City of Racine Ethics Board an advisory opinion regarding the propriety of the sharing of attorney-client confidential communications by certain alderpersons of the City of Racine.” Despite the meeting being in closed session, the fact of the referral was disclosed and made public via its inclusion on the agenda for the September 20, 2017 Common Council meeting. I wrote to City Attorney Letteney on two occasions subsequent to the August 22nd meeting to request identification of the items which are the subject of... advisory opinion request. On both occasions, he refused. In his latest email of October 3, 2017, he stated: Attorney Hinkston, Inasmuch as I am bound by attorney-client confidence and by the confidentiality of a Closed Meeting, I cannot, and do not, comment on anything contained in your correspondence. The City ofRacine Executive Committee has directed me to act in their behalf in a very specific manner. The City ofRacine Common Council affirmed the Executive Committee’s direction. I have no discretion to act in a different manner. We presume that Atty. Letteney has now formally submitted the request to your Board, ostensibly with the communications that '“ seeks an advisory opinion on. Per section 2-585, an individual may request of the Board “an advisory opinion regarding the propriety of any matter to which the person is or may become a party....” This mirrors section 19.59(5)(a) of the Wisconsin Statutes, which provides that “[a]ny individual, either personally or on behalf of an organization or governmental body, may request of a ... municipal ethics board . .. an advisory opinion regarding the propriety of any matter to which the person is or may become a party.” The Board “shall review a request for an advisory opinion and may advise the person making the request. No one “may make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.” Id. Ms. Weidner is an interested party to the proceedings before your Board in that she is in effect “a party” to the matters on which Redacted Pursuant to 1.9.19 °ral Decision As sucj1j we believe that it is fair and just to allow her to participate, with counsel, in any proceedings before your Board on the

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October 9, 2017 Page 3 Cityâ&#x20AC;&#x2122;s submission and to submit materials to your Board in presentation of her position and to rebut the position of the City, with which she disagrees. Toward this end, we would request that the Board: (1)

Authorize disclosure to Ms. Weidner and myself, as her counsel, of all materials submitted to the Board for consideration and advice; and

(2)

Allow Ms. Weidner to submit to the Board her position, both in writing and via participation in any hearings or meetings convened by the Board and, toward this end, specify a procedure and deadline for any submissions.

As you are aware, the special election for Racine Mayor is set for October 17,2017. Ms. Weidner of course is, with Mr. Mason, one of two vying for the position. Although the advisory opinion process is by statute deemed confidential and we have no doubt that the Ethics Board recognizes this and will honor that mandate, we are nonetheless concerned that the City Attorney may seek or push for the Board to issue its advisory opinion in advance of the election. While we trust that, in compliance with State law, any opinion would not specifically identify Ms. Weidner, we are concerned that if an opinion is issued and received by City representatives, its mere issuance and potential dissemination will potentially impact the upcoming election. Thus, we would respectfully request that the Board defer any proceedings (and ultimate opinion) until following the election in 8 (eight) days. Deferring the matter for a short period of time will also afford the Board the opportunity to consider Ms. Weidnerâ&#x20AC;&#x2122;s request to participate and allow her sufficient time to prepare submissions and participate, as she should be allowed to do under the circumstances. Thank you for your consideration of the foregoing. Sincerely,

cc: City Attorney Scott Letteney City of Racine Common Council (CH_ALD@cityofracine. org)

FILED 12-22-2017 Clerk of Circuit Court Racine County 2017CV001644

STATE OF WISCONSIN CIRCUIT COURT RACINE COUNTY ______________________________________________________________________________ SANDRA J. WEIDNER, Petitioner, v.

Case No. 17-CV-1644

CITY OF RACINE, a Wisconsin municipal corporation,

Case Code: 30952

Respondent. ______________________________________________________________________________ RESPONDENT CITY OF RACINE’S NOTICE OF MOTION AND MOTION TO QUASH PETITIONER SANDRA WEIDNER’S PETITION FOR WRIT OF MANDAMUS UNDER WISCONSIN STATUTES §§ 783.01, 802.06, AND 802.08 ______________________________________________________________________________ PLEASE TAKE NOTICE that the Respondent City of Racine (“City”), by and through its attorneys, Meissner Tierney Fisher & Nichols S.C., moves this Court, the Honorable Eugene A. Gasiorkiewicz presiding, for an order quashing Petitioner Sandra Weidner’s Petition for Writ of Mandamus under Wisconsin Statutes §§ 783.01, 802.06, and 802.08. Grounds for said motion are stated in the accompanying City’s Brief in Support of its Motion to Quash Petitioner Sandra Weidner’s Petition for Writ of Mandamus under Wisconsin Statutes §§ 783.01, 802.06, and 802.08 and Affidavit of Scott R. Letteney in Support of the City’s Motion to Quash Petitioner Sandra Weidner’s Petition for Writ of Mandamus under Wisconsin Statutes §§ 783.01, 802.06, and 802.08 and exhibits attached thereto. This motion is set for a hearing on February 5, 2018 at 3 p.m.

1972006.1

Dated this 22nd day of December, 2017. MEISSNER TIERNEY FISHER & NICHOLS S.C. By: Electronically signed by Michael J. Cohen Michael J. Cohen State Bar No. 1017787 Email: mjc@mtfn.com Dieter J. Juedes State Bar No. 1088880 Email: djj@mtfn.com 111 East Kilbourn Avenue, 19th Floor Milwaukee, WI 53202 Tel: 414-273-1300 Fax: 414-273-5840 Attorneys for Respondent, City of Racine

2 1972006.1

Case 2017CV001644

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STATE OF WISCONSIN

Filed 01-16-2019

CIRCUIT COURT

Page 1 of 6

FILED FILED 12-22-2017 01-16-2019 Clerk Circuit Court Clerk of of Circuit Court Racine County Racine County

2017CV001644 KAC1M' COl20?7CV001644

SANDRA J. WEIDNER, Petitioner, v.

Case No. 17-CV-1644

CITY OF RACINE, a Wisconsin municipal corporation,

Case Code: 30952

Respondent.

AFFIDAVIT OF SCOTT R. LETTENEY IN SUPPORT OF RESPONDENT CITY OF RACINE’S MOTION TO QUASH PETITIONER SANDRA WEIDNER’S PETITION FOR WRIT OF MANDAMUS UNDER WISCONSIN STATUTES §§ 783.01, 802.06, AND

State of Wisconsin) ) ss. Racine County ) Scott R. 1.

I am

law in the Stat<

, deposes, and states as follows: t resident of the Town of Geneva, Wisconsin and licensed to practice isconsin. I am currently the City Attorney for the City of Racine (the

“City”). I have been the City Attorney since October 1, 2015. The City Attorney’s Office has four attorneys: a City Attorney, a Deputy City Attorney, and two Assistant City Attorneys. Prior to becoming City Attorney, I was the Deputy City Attorney, which I became on February 20, 2006. The following Affidavit is based on my personal knowledge and a review of the documents attached hereto.

This Affidavit is being filed under seal to protect against the

dissemination of confidential closed session information and privileged attorney-client information. 2.

Over the past several years, the City Attorney’s Office has been concerned about

members of the City Common Council sharing attorney-client privileged and confidential

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information and information obtained in closed session meetings with persons outside of City government. The City Attorney’s Office’s client is the City as embodied by the Mayor and the Common Council. No single elected official—the Mayor or an Alderperson—has the authority to waive the attorney-client privilege between the City Attorney’s Office and Mayor/Common Council.

Only the Common Council as a whole has the authority to waive or ignore the

attorney-client privilege between it and the City Attorney’s Office. The City Attorney’s Office frequently reminded members of the Common Council of their obligation to safeguard privileged and confidential information provided by the office. 3.

In the past, the City Attorney’s Office found evidence that individual

Alderpersons shared privileged and confidential information with outside parties whose interests Redacted Pursuant to 1.9.19 Oral Decision

were in active opposition to the interests of the City as determined by the Common Council.

Redacted Pursuant to 1.9.19 Oral Decision

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Redacted Pursuant to 1.9.19 Oral Decision

Redacted Pursuant to 1.9.19 Oral Decision Redacted Pursuant to 1.9.19 Oral Decision

the Executive Committee of the

Common Council, which consists of the Mayor, the Common Council President, Chair of each of the three Standing Committees of the Common Council, and one at-large Alderperson. 6.

On August 22, 2017, I met with the Executive Committee in closed session,

pursuant to Wis. Stat. § 19.85(1 )(h), regarding the disclosure of privileged and confidential information issue.

Specifically, the City Attorney’s Office requested that the Executive

Committee “consider whether to request confidential written advice from the City of Racine Board of Ethics regarding the applicability of Racine Ordinance Section 2-581(a) to the disclosure of certain confidential information and privileged infonnation, by certain officials,

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which information was gained in the course of, or by reason of, the officials’ official positon or official activities.” 7.

Common Council members are allowed to attend Executive Committee meetings

and although Alderperson Weidner is not an Executive Committee member, she attended the August 22, 2017 Executive Committee meeting as a Common Council member. Redacted Pursuant lo 1.9.19 Oral Decision

During the August 22, 2017 Executive Committee meeting, I presented

Redacted Pursuant to 1.9.19 Oral Decision

Following the consideration of the issues presented by the City Attorney’s Office during the August 22, 2017 Executive Committee meeting, the committee determined, consistent with the confidential ethics advisory process set forth in Racine Ordinance § 2-585, that it would request from the Board of Ethics an advisory opinion regarding the propriety of the sharing of attorney-client confidential communications by certain Alderpersons. On September 20, 2017, the Common Council approved the Executive Committee’s action.

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11.

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Attached as Exhibit B is a letter I received from Mark Hinkston dated September

5,2017. 12.

Attached as Exhibit C is my e-mail response to Attorney Hinkston from

September 6, 2017. The City Attorneyâ&#x20AC;&#x2122;s Office declined to produce the underlying privileged communications involving Alderperson Weidner to Attorney Hickston because (1) those communications were and are privileged communications between the City and its attorneys and Attorney Hickston is an outside party to that privilege and (2) the ethics opinion process was intended to be a confidential and anonymous process in which Alderman Weidner had no rights to defend against allegations that would not specifically reference her and for which she could not face any discipline. 13.

Attached as Exhibit D is a letter I received from Attorney Hinkston dated October

3,2017. 14.

Attached as Exhibit E is my e-mail response to Attorney Hinkston from October

3,2017. 15.

Attached is Exhibit F is a letter that I received from Attorney Hinkston dated

October 9, 2017. 16.

Through a December 4, 2017 letter, the City Attorneyâ&#x20AC;&#x2122;s Office formally requested

from the Board of Ethics an advisory opinion regarding the aforementioned privilege and confidentially matters pursuant to the direction of the Executive Committee, as approved by the Common Council. As part of the request, the City Attorneyâ&#x20AC;&#x2122;s Office included a confidential memorandum outlining the request and copies of the underlying privileged communications

Redacted Pursuant to 1.9.19 Oral Decision The memorandum and all of the underlying communications are completely anonymous as Redacted Pursuant to 1.9.19 Oral Decision

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Redacted Pursuant to 1.9.19 Oral Decision

Exhibit G is the City Attorney’s Office’s December 4, 2017 letter, the City Attorney’s Office’s December 4, 2017 confidential memorandum to the Board of Ethics and Common Council, and the attachments to that memorandum. The City Attorney’s Office personally delivered these materials to each Alderperson’s personal City mailbox in City Hall, including Alderperson Weidner’s mailbox, on the morning of December 5, 2017. Exhibit G is being filed under seal solely for the Court’s in camera review. 17.

Further, on December, 5 2017,1 e-mailed the Common Council members at 8:08

A.M. notifying them about the request for an advisory opinion from the Board of Ethics and that I had placed a copy of the above-noted Exhibit G in their respective mailboxes. That e-mail and the attachment thereto are attached as Exhibit H. 18.

The press of other business and the time it took to prepare what is attached as

Exhibit G prevented the City Attorney’s Office from making its request to the Board of Ethics at an earlier juncture. 19.

The City was served with Alderperson Weidner’s Petition for Writ of Mandamus

on the afternoon of December 5, 2017.

Dated thi

day of December, 2017.

Scott R. Letteney H,

Subscribed and sworn before me this day pf Dpcepiber 2017.

Notary Publiestate of My Commission: /^oUjU>

r \

*‘

"‘4pF.......

;

Racine, WI Code of Ordinances

Page 1 of 12 FILED 12-22-2017 Clerk of Circuit Court

ARTICLE VII. - CODE OF ETHICS[29]

Racine County 2017CV001644

Sec. 2-576. - Purpose. The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the best interest of the people, the community and the government and in the proper channels of governmental structure; that public offices and employment not be used for personal gain, and that the public have confidence in the integrity of its government. To assist in attaining these goals, there is established a code of ethics for all City of Racine ("city") officials, including members of boards, committees, commissions, the mayor and employees, whether elected or appointed, paid or unpaid. (Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-577. - Policy. (a)

The purpose of this code is to establish guidelines for ethical standards of conduct for all city officials and employees by setting forth those acts or actions which are incompatible with the best interests of the city and by requiring such officials and employees to disclose personal interests, financial or otherwise, in matters affecting the city.

(b)

Nothing contained in this code is intended to deny to any individual the rights granted by the United States Constitution, the constitution of this state, the laws of this state or labor agreements between the city and its bargaining units.

(Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-578. - Definitions. The following definitions shall be applicable in this code:

Anything of value means any money or property, favor, gift, service, payment, advance, forbearance, loan or promise of future employment, including, but not limited to, remuneration, tickets, passes, lodging, travel, recreational expenses and admission offered and provided by persons doing business or interested in doing business with the city. "Anything of value" does not include compensation and expenses paid by the City of Racine, fees and expenses which are

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permitted and reported under Wis. Stats. ยง 19.56, political contributions which are reported under chapter 11 of the state statutes, or hospitality extended for a purpose unrelated to public business by a person other than an organization.

Associated (when used with reference to an organization) includes any organization in which an individual or a member of their immediate family is a director, officer or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least ten percent of the outstanding equity or of which an individual or member of their immediate family is an authorized representative or agent.

Board means the board of ethics created by this code of ethics ordinance. Business means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual or any other legal entity which engages in profit-making activities.

Candidate for elective office means any person who files nomination papers and a declaration under Wis. Stats. ยง 8.10 for the purpose of appearing on the ballot for election to an office in the City of Racine or any person nominated for a city office in an election through the write-in process and who files a declaration pursuant to Wis. Stats. ยง 8.10.

Confidential information means written material or oral information related to city government, which is not otherwise subject to the public records law and which is expressly designated or marked as confidential.

Conflict of interest means a public official's act or failure to act in the discharge of his/her official duties which could reasonably be expected to produce or assist in producing a substantial economic or personal benefit for such official, his/her family or an organization with which he/she is associated.

Economic interest means any interest that will yield directly or indirectly a monetary or other material benefit to the public official or to any person employing or retaining the services of the public official, or any member of the family of said public official, except as permitted by Wis. Stats. ยง 946.13.

Financial interest means any interest which would yield, directly or indirectly, a monetary or other material benefit to the public official or his/her spouse or to any person employing or retaining the services of the public official or his/her spouse.

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Gift means the payment or receipt of anything of value without valuable consideration. Immediate family means any individual related to a public official as spouse or legal dependent for federal income tax purposes.

Income means the meaning given under the Federal Internal Revenue Code. Incompatibility means a conflict between one's official responsibilities and personal or economic interest which would prevent the public official from the complete and proper discharge of his/her official duties.

Organization means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual, body politic or charitable entity.

Person means any natural person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, joint venture, trust, or other legal entity recognized as such by the laws of the state.

Privileged information means information obtained under government authority which has not become a part of the body of public information

Public official means any person holding an elected city office and candidates for elected city office, or any person holding an appointed city office, including all city department heads, administrative managers, all city employees, and all citizens appointed by the mayor or common council to advisory boards, or commissions, and elected officials, and appointed members of committees and panels who are not elected.

Statement of economic interest means the factual statement filed pursuant to the provision of this chapter which contains the information set forth in section 2-579.

Valuable and sufficient consideration means payment or compensation of an amount equivalent to the actual value of any item received. If the actual value cannot be determined, payment or compensation of a reasonable value is acceptable. (Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-579. - Financial disclosure and certification. (a)

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Statement of economic interests and certification. Except as otherwise provided herein, all city officers (except the municipal judge), candidates for city elective office, the city administrator, administrative managers, the finance director, the assistant commissioner(s) of public works, the deputy city clerk/treasurer, the deputy city attorney and the chief of operations of the water/wastewater utilities shall file a statement of economic interests, which shall contain the type of information required in Wis. Stats. § 19.44(1), and shall be provided subject to the conditions contained in Wis. Stats. §§ 19.44(2), (3), and (4). A city officer who serves without salary upon appointment by the mayor or common council, except members of the redevelopment authority, shall not be required to file a statement of economic interests but shall file a signed certification that he or she has received a copy of the laws and ordinances relating to conduct prohibited in the state and city code of ethics, that he or she has read such provisions and agrees to abide by the applicable standards of conduct. (b)

Filing statement. Individuals required to file a statement of economic interests shall file the statement with the board within the time specified in Wis. Stats. § 19.43(1) or (2), as applicable, or, if a candidate for elective city office, Wis. Stats. § 19.43(4).

(c)

Form to be provided. The city clerk shall, by March 1 of each year, provide the statement of economic interests form to all persons required to file the statement, excepting candidates for elective city office, along with a notice to complete and return the form by March 31 of that year. The city clerk shall provide the form to candidates for elective city office at the time the candidate files his campaign registration form. The city clerk shall provide the certification form, along with a copy of the applicable state laws and city ordinances, to those persons required to file the certification specified above upon the initial appointment of such persons to the board, commission or committee. The city clerk shall also provide the certification form to those board, commission and committee members not required to file the statement of economic interests but who are serving as an appointed member on February 1 of the given calendar year.

(d)

Preservation of records. The city clerk shall preserve the statements of economic interests for a period of six years from the date of receipt, except that: (1)

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Upon the expiration of three years after an individual ceases to be a city public official the clerk shall, unless the former official otherwise requests, destroy any statement of economic interests filed by him and any copies thereof in the city clerk's possession. (2)

Upon the expiration of three years after any election at which a candidate for elective city office was not elected, the city clerk shall destroy any statements of economic interests filed by him as a candidate and any copies thereof in the city clerk's possession, unless the individual continues to hold another position for which he is required to file a statement, or unless the individual otherwise requests.

(e)

Disclosure. The city clerk shall make statements of economic interests available to the public under the conditions for public inspection contained in Wis. Stats. ยง 19.55.

(Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-580. - Penalties for failure to disclose economic interests. (a)

Candidates. The city clerk is directed to omit the name of any candidate for elective city office from an election ballot who has not timely filed his statement of economic interests with the city clerk in accordance with this article.

(b)

Officers and employees. The city clerk shall advise the finance director of any officer or employee who is required to file a statement of economic interests and fails to do so in accordance with the requirements of this article. The city treasurer is directed to withhold the salary and compensation of all kind from any such person until the officer or employee complies with this requirement. If the statement of economic interests or the certification of an officer who serves without salary is not received by the city clerk within the time required, the city clerk will provide written notice of such delinquency to the officer. If the statement or certification is not filed with the city clerk within 30 days after the date the notice is served or mailed by the city clerk, then the appointment of the officer shall be terminated by the appointing authority.

(Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-581. - Prohibited conduct. (a)

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Violation of work rules. Appointed officials and employees shall adhere to the rules of work and performance standards established for their positions. Officials and employees shall not exceed their authority or breach the law or ask others to do so. They shall cooperate with public officials and employees from other governmental bodies, agencies, or jurisdictions unless prohibited by law from doing so. They shall not disclose confidential information or privileged information gained in the course of, or by reason of his/her official position or official activities.

Use of office for private gain. No public official may use their public position or office

(b)

to obtain financial gain or anything of substantial value for the private benefit of themselves or their immediate family, or for an organization with which they are associated. This includes the acceptance of free or discounted admissions to athletic or other entertainment events. A local public official is not prohibited from using the title or prestige of their office to obtain campaign contributions that are permitted and reported as required by Wis. Stats. ch. 11.

Offering or receiving anything of value. No person may offer or give to a public official,

(c)

directly or indirectly, and no public official may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the public official's vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the official. A candidate for office or a public official may not utilize their vote to influence or promise to take or refrain from taking official action on matters under consideration or upon condition that any person make or refrain from making a political contribution or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any person who is subject to a registration requirement under Wis. Stats. ยง 11.05, or any person making a communication that contains a reference to a clearly identified public official or candidate for public office. (d)

Taking action affecting a matter in which an official has financial interest. A public official may not take any official action that substantially affects a matter in which the official, a member of their immediate family, or an organization with which the official is associated has a substantial financial interest. Nor, may the official's office be used in a way that directly or indirectly produces or assists in the production of a substantial benefit for the official, or one or more members of the official's immediate family, or an organization that the official is associated with.

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However, a public official is not prohibited from taking any action concerning the lawful payment of salaries, employee benefits or reimbursement of actual and necessary expenses. Nor is the official prohibited from taking official action with respect to any proposal to modify city ordinances. (e)

Bribery. Public officials and employees are prohibited from accepting any money, property or other personal advantage they are not authorized to receive by anyone who promises this with the intention of influencing the public official or employee's conduct regarding any matter in which law is pending.

(f)

Misconduct in office. Public officials and employees are prohibited from: (1)

Intentionally failing or refusing to perform a known mandatory, nondiscretionary, ministerial duty of their office or employment within the time or in the manner required by law.

(2)

Performing an act knowingly in excess of their lawful authority or one in which they know they are forbidden by law to do in their official capacity.

(3)

Whether by act of commission or omission, exercising a discretionary power in a manner inconsistent with the duties of their office or employment or the rights of others and with intention to obtain a dishonest advantage for themselves or another.

(4)

Intentionally falsifying an account, record book, return, certificate, report or statement in the officer or employee's official capacity.

(5)

Intentionally soliciting or accepting anything of value, known by the officer or employee to be greater or less than is fixed by law, for the performance of any service or duty.

(6)

Using city property in a manner that is prohibited by policy, or that causes unnecessary costs, congestion, disruption or damage to city property, or other inappropriate uses which include, but are not limited to: a.

Intentionally or unintentionally permitting the use of city property, equipment or vehicles by unauthorized persons;

Using city logos or titles to misrepresent materials as official or misrepresenting, either implicitly or explicitly, personal views or comments as an official city policy or position;

Using property owned by the city or services paid for with city funds for personal gain or to maintain or support a private business.

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Violating any portion of the city's "computer hardware and software policy."

(g)

Nepotism. Public officials and employees are prohibited from: (1)

Using their public office to obtain employment for the official's spouse or a dependent relative. However, if the official is not involved in the hiring, promotion or conditions of employment, a qualified spouse or dependent may be hired or promoted.

(2)

Advocating for or hiring or promoting, or exercising jurisdiction, supervision or direction over someone the official is related to as a parent, grandparent, child, grandchild, sibling, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, uncle, aunt, niece, nephew or spouse.

(h)

Incompatibility of offices. No official or employee shall engage in or accept private employment or render service, for private interest, when such employment or service conflicts with the proper discharge of his or her official duties or would tend to impair such official's or employee's independence or judgment or action in the performance of such duties, unless otherwise permitted by law and unless disclosure is made as herein provided.

(i)

Conduct prohibited by state law. Except as specifically provided in this chapter, the provisions of all applicable Wisconsin Statutes, including, but not limited to, Wis. Stat. §§ 19.41—19.59, 66.0501, 125.51, 946.10, 946.12 and 946.13, are adopted and by reference made a part of this code and shall apply to public officials whenever applicable. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this code.

(Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-582. - Action upon conflict of interest. (a)

If any city officer or employee who, in the discharge of official duties, is required to take an action that is prohibited by this article, and which would result in a conflict of interest, such city officer or employee: (1)

Shall not take such action.

(2)

Shall prepare a written statement describing the matter requiring action or decision, and the nature of the possible conflict of interest with respect to such action or decision.

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(3)

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Shall deliver copies of such statement to the ethics board and to his immediate superior, if any.

(4)

In the case of an alderman, may deliver a copy of such statement to the mayor and common council. The city clerk shall cause such statement to be printed in the official proceedings and, upon request, such alderman shall be excused from voting, deliberating and taking other actions on the matter on which a possible conflict exists.

(b)

If the city officer or employee is not an alderman, his superior, if any, shall assign the matter to another employee who does not have a possible conflict of interest. If the city officer or employee has no immediate superior, he may seek advice from the ethics board to remove himself from influence over actions and decisions on the matter on which the possible conflict exists.

(c)

The board shall review the statement describing the matter requiring an action or decision and the nature of the possible conflict of interest, and may advise the city officer or employee. Any person subject to this article may request of the board written advice regarding the propriety of any matter to which he is or may become a party. Written advice issued under this subsection shall be confidential except that it may be subpoenaed by any court of record or the common council or committee thereof. No person, except the person who initially requested preparation of the statement, may make the contents of any written advice or other records of the board public. It shall be prima facie evidence of intent to comply with this article when a person refers a matter to the board and abides by its written advice.

(d)

A city officer or employee may request the board to obtain an advisory opinion from an impartial attorney on the application of this article to a given set of circumstances, real or hypothetical, or the board may request such an opinion on its own motion.

(e)

Nothing in this section prohibits an alderman from making decisions concerning reimbursement of expenses, salaries or salary-related benefits of aldermen.

(Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-583. - Board of ethics. (a)

There is hereby created a board of ethics, consisting of six residents of the city, one of whom shall be an attorney licensed to practice law in the state, to be appointed by the mayor and confirmed by the common council. Appointments shall be for a term of six years, expiring on May 1 of the final year of service.

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Racine, WI Code of Ordinances

(b)

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The board shall be authorized to hire, within its budget limitations, such part-time personnel as may from time to time be necessary in the administration of this chapter. Such personnel may include, without limitation due to enumeration, a court reporter, an investigator, and secretarial help.

(c)

Any action by the board shall require an affirmative vote of four members.

(d)

No later than May 15 of each year, the board shall report to the mayor and the common council concerning its actions in the preceding calendar year, including a summary of its determinations and the current and complete text of all guidelines issued by the board.

(Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-584. - Duties of ethics board; hearings. The board shall adopt guidelines and procedures necessary to carry out the

(a)

provisions of this chapter and shall promptly advise the affected officers and employees thereof. (b)

The board shall accept from any person a verified complaint, in writing, relating to the code of ethics as it applies to officers and employees of the city. Such verified complaint shall specify the activities of such officer or employee which are alleged to be in violation of the code of ethics.

(c)

Within ten days after receipt of a verified, written complaint, the board of ethics shall notify the officer or employee accused in such complaint of the existence of the complaint. The board shall thereafter, at a regular or special meeting, determine whether, based on the complaint, probable cause exists to believe that the code of ethics has been violated. If the board determines that no probable cause exists, it shall dismiss the complaint and

notify the accused officer or employee, the complainant and such other persons as the board determines to have an interest. If the board finds probable cause to believe a violation exists, it shall then proceed to hold a hearing using the following procedures: (1)

Notice of the finding of probable cause and notice of hearing and a copy of the complaint shall be sent to the accused officer or employee by certified mail at his last known post office address.

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(2)

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Such hearing shall be held more than 20 days but less than 40 days from the postmarked date of the notice of hearing.

(3)

The hearing shall be held before the board or four members thereof, presided over by the chairman or his designated representative. If requested by the board, the city attorney shall act as counsel to the board; otherwise, one member of the board shall act as counsel. The accused may be represented by counsel.

(4)

Counsel for the board and the accused or his/her counsel may present evidence, call and examine witnesses and cross-examine witnesses of the other party. Such witnesses shall be sworn by the person presiding over the hearing. The chairman of the board is empowered to issue subpoenas to compel attendance of witnesses at such hearing. Statutory due process procedures and admissibility of evidence will be subject to the guidelines of Wis. Stats. ยง 227-45(1).

(5)

The hearing shall be conducted in accordance with the Wisconsin Rules of Criminal Evidence, and the person conducting the hearing shall take notes of testimony and shall mark and preserve all exhibits.

(6)

The hearing shall be conducted in closed session unless the accused officer or employee requests, in writing, that it be open to the public.

(7)

Within 20 days of the completion of the hearing and the filing of briefs, if any, the board shall make a written determination as to the existence of a violation of the code of ethics by the accused officer or employee. It shall also make a written recommendation as to what action, if any, should be taken to discipline such officer or employee, or what action should be taken to correct the violation. Such determination and recommendation shall be mailed by certified mail to such officer or employee within the 20day period. Copies shall also be delivered to the common council in the same manner as a report of a standing committee for such action as the common council may deem proper.

(8)

Where the board has determined there is probable cause that the code of ethics has been violated by any police officer or firefighter or the chief of either the police or fire department, said determination and

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Racine, WI Code of Ordinances

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recommendation shall be sent to the board of police and fire commissioners, with a request that proceedings be commenced in accordance with provisions of Wis. Stats. Â§ 62.13. (9)

The board may compromise or settle any potential action or violation of this chapter. Whenever the board enters into a settlement agreement with an individual who is accused of a violation of this chapter, the board shall reduce the agreement to writing, together with a statement of the board's findings and reasons for entering into the agreement and shall retain the statement and agreement in its records for inspection.

(10)

If the board determines that a violation of this article has occurred, its findings of fact and conclusions may contain one or more of the following orders or recommendations: a.

An order requiring the accused to forfeit not more than $5,000.00 for each violation of section 2-581.

If the board determines that the accused has realized economic gain as a result of the violation, an order requiring the accused to forfeit the amount gained as a result of the violation.

(Ord. No. 6-10, pt. 1, 7-27-11)

Sec. 2-585. - Ethics advisory opinions. (a)

Any individual (personally or on behalf of an organization or governmental body) or appointing officer (with the consent of a prospective appointee) may request of the board, or in the absence of an ethics board, the city attorney, an advisory opinion regarding the propriety of any matter to which the person is or may become a party.

(b)

Advisory opinions and requests shall be in writing. Any individual requesting an advisory opinion or any individuals or organizations mentioned in the opinion shall not be made public, unless the individual, organization or governmental body consents to it and alterations are made to the summary of the opinion, which prevents disclosure of the identities of individuals involved in the opinion.

(Ord. No. 6-10, pt. 1, 7-27-11)

Secs. 2-586â&#x20AC;&#x201D;2-605. - Reserved.

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12-22-2017 Clerk of Circuit Court Racine County 2017CV001644

Subject:

RE: Board of Ethics Inquiry

From:

Letteney, Scott (Scott.Letteney@cityofracine.org)

To:

mhinkston@sbcglobal.net;

Cc:

CH_ALD@cityofracine.org; mwyant@wyantlaw.com; lmurphy@glr-law.com; rmozol@att.net; Ernestnia@gmail.com; norma@bwoinsurance.com; James.Palenick@cityofracine.org; Nicole.Larsen@cityofracine.org;

Date:

Wednesday, September 6, 2017 8:53 AM

Attorney Hinkston,

SCOTT R. LETTENEY City Attorney City of Racine, Wisconsin

City Attorneyâ&#x20AC;&#x2122;s Office 730 Washington Avenue Room 201 Racine, Wisconsin 53403 (262)636-9115

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Fax: (262) 636-9570 srnri lpttencv@citvofnc'me or"

From: Mark Hinkston [mailto:mhinkston@sbcglobal.net] Sent: Tuesday, September 5, 2017 3:33 PM To: Letteney, Scott <Scott.Letteney@cityofracine.org> Subject: Board of Ethics Inquiry

Please see accompanying.

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12-22-2017 Clerk of Circuit Court Racine County 2017CV001644

Subject:

RE: Board of Ethics Advisory Opinion

From:

Letteney, Scott (Scott.Letteney@cityofracine.org)

To:

mhinkston@sbcglobal.net;

Cc:

CH_ALD@cityofracine.org; mwyant@wyantlaw.com; lmurphy@glr-law.com; rmozol@att.net; Ernestnia@gmail.com; norma@bwoinsurance.com; James.Palenick@cityofracine.org; Nicole.Larsen@cityofracine.org;

Date:

Tuesday, October 3, 2017 5:13 PM

Attorney Hinkston,

Inasmuch as I am bound by attorney-client confidence and by the confidentiality of a Closed Meeting, I cannot, and do not, comment on anything contained in your correspondence.

The City of Racine Executive Committee has directed me to act in their behalf in a very specific manner. The City of Racine Common Council affirmed the Executive Committee’s direction. I have no discretion to act in a different manner.

SCOTT R. LETTENEY City Attorney City of Racine, Wisconsin

City Attorney’s Office 730 Washington Avenue Room 201 Racine, Wisconsin 53403 (262) 636-9115 Fax: (262) 636-9570 •; .ItftlcSw.fclcitvo f? «ei:'.y\o:-£

EXHIBIT E https://mail.yahoo.com/

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From: Mark Hinkston [mailto:mhinkston@sbcglobal.net] Sent: Tuesday, October 3, 2017 1:36 PM To: Letteney, Scott <Scott.Letteney@cityofracine.org> Subject: Board of Ethics Advisory Opinion

Please see accompanying.

Atty. Mark R. Hinkston Knuteson, Hinkston & Quinn, S.C. 500 College Avenue Racine, WI 53403 (262) 633-2000

EXHIBIT E https://mail.yahoo.com/

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FILED FILED 12-22-2017 01-16-2019 Clerk Circuit Court Clerk of of Circuit Court Racine County Racine County 2017CV001644 2017CV001644

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Aid. C

From: Sent: To: Subject: Attachments:

Monday, February 20, 2017 3:11 PM George Meyers FW: Redevelopment Authority Resolution Establishing RDA.PDF

fyi From: Tran, Nhu Sent^tog^j^)ruary 20, 2017 11:47 AM To: SubjectHkedevelopment Authority Ald'c

....................

Attached you will find the resolution which created the Dedevelopment Authority, including details as to its composition. If you have any other questions regarding this matter, please feel free to contact myself or Scott. Thank you. Nhu

O €<

NHU H. TRAN Assistant City Attorney City of Racine, Wisconsin City Attorney’s Office 730 Washington Avenue Room 201 Racine, Wisconsin 53403 (262) 636-9115 Fax: (262) 636-9570 iihu.tjai]@citvolr.) c ine.org

PRIVILEGE AND CONFIDENTIALITY NOTICE, This electronic transmission may contain work-product or information protected under the attorney-client privilege, both of which are protected from disclosure. This message is intended exclusively for the individual qr entity to which it is addressed, If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail or telephone at (262) 636 9115, and delete or destroy all copies of the message. APPLICABILITY OF WISCONSIN PUBLIC RECORDS LAW. The City of Racine is subject to the Wisconsin Public Records law. Unless otherwise exempted from the public records law, senders and receivers of City of Racine e-mail should presume that e mail is subject to release upon request, and is subject to state records retention requirements,

Executive Committee Confidential Opinion Request

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Aid. C Monday, April 10, 2017 1:02 PM George Meyers FW: Professional Services

From: Letteney, Scott Sent: Friday, April 07, 2017 3:25 PM Aid. c To: Subject: Professional Services

p f

Aid. Weidner, The ordinances regarding procurement of professional services are below. If you have questions, feel free to ask. I check emails weekends. ..

Scott •

v.<

Sec. 46-39. - Procurement of professional services^ The city may contract for the procureine nt of ©'otessiorial services. (i)

ft 4

.Jf

Definition For the purposes of this section, "professional services" means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation, and result in the production of a report or the completion of a task. Such services include, but are not restricted to, services of the type required or permitted to be furnished by a professional under a license, registration or certificate issued by the Slate of Wisconsin to practice architecture, engineering, surveying, landscape architecture, geoscience, certified interior design, medicine and surgery, chiropractic, optometry, psychology, dentistry, denial hygiene, accountancy or law, or under a license or certificate issued by another slate under similar laws. (2)

Council approval. Except as otherwise directed by the common council, contracts for the purchase of professional services may be entered into without council resolution when all of the following conditions are met: a. The funds for the services are included in the approved city budget. b.

The city lias engaged in a competitive selection process for professional services (or in the case of the water and wastewater utilities, Wis. Stats. § 62.15 and ch. 200, and sections 46-36 and 46-38 of the Code of Ordinances) or the contract is exempt from such a requirement pursuant to subsection (3) of this section. c.

The contract complies with other law's, resolutions and ordinances. d. The contract is for a period of one year or less, or the contract is for a period of more than one year but not more than three years, and the cost of the professional services does not average more than $50,000.00 per year of the contract, provided that this subsection is subject to subsection (3)b. for noncompetitive contracts.

O) Exceptions to selection process. The city may enter into negotiated contracts for professional services without a competitive selection process for the procurement of professional services if the following are met: Executive Committee Confidential Opinion Request

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a. One or more qf the following criteria are present as found by the purchasing agent or appropriate department head: 1. Public exigency will not permit the delay incident to advertising or other competitive processes; 2 The service required is available from only one person or firm; 3. The services are for professional services to be provided by attorneys who charge: on an hourly basis or who are approved by CVM1C or the city's liability insurance carriers. In all other matters, where the aggregate legal fees exceed $50,000.00. the city attorney shall notify the common council of the status and seek approval for further expenditures, 4. ISIo acceptable bids have been received after formal advertising;

5. Service fees are established by law or professional code;

tm V

6. A particular consultant has provided services to the city on a similar or continuing project in the recent past, and it would be economical to the city on the basis of time and money to retain the same consultant; %

i’he contract is for $25,000.00 or less; or

Otherwise authorized by law. rule, res In

r reaulai

■ ,■

In the case of sole source, public exijtp :v or previous provider exemptions, the department head or purchasing agent shall fill out the city's appro d form for such ami file it with the finance director and city A J administrator. If the aggregate amount of the fee for services will exceed $25,000.00 and the contract was not subject to a competitive selection process, the contrite! shall ineel one of the requirements of subsection (3)a. and be approved by the common council by resolution.

* 3

£ SCOTT R. LETTENEY

City Attorney

City oi Racine, Wisconsin City Attorney’s Office 730 Washington Avenue Room 201 Racine. Wisconsin 53403 (262) 636-9115 Tax: (262) 636-9570

scott.ldtcndyf^citvorrndine.ttflg 1»RI VICTOR AND CONFIDENTIALITY NOTICE, Phis electronic transmission may contain work-product or information protected under the attorney-client privilege, both ol'which are protected from disclosure, fin's message is intended exclusively for the individual or entity to which it is addressed. If you arc not the named addressee, you arc not authorized to read, print, retain, copy, or disseminate this message or any part of it. If von have received this message in error, please notify the sender immediately by e-mail or telephone at (262) 636-9115', and delete or destroy ail copies yfilte message. Aid’I ,IC ABILITY OF WISCONSIN PUBLIC RECORDS LAW, The City of Racine is subject to the Wisconsin Public Records law. Unless otherwise exempted from the public records law. senders and receivers of City of Racine e-mail should presume lhal e-mail is subject to release upon request and is subject Executive Committee Confidential Opinion Request

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to state records retention requirements. *â&#x20AC;&#x2DC;t cannot give you the formula for success,- but 1 can give you the formula tor failure, which is; Try to please everybody." HerbertW. Swope

Executive Committee Confidential Opinion Request

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Aid. C

Sent Monday, Fabruary 2D. 2017 11:47 AM

Assistant City Attorney City of Racine, Wisconsin City Attorneyâ&#x20AC;&#x2122;s Office 730 Washington Avenue Room 201 Racine, Wisconsin 53403 (262) 636-9115 Fax: (262) 636-9570 nlui.traitfr/k-ilyolracinc.tm; PRIVILEGE AND CONFIDENTIALITY NOTICE. This electronic transmission may contain Work-product or information protected under the attorney-client privilege, both of which are protected from disclosure. This message is intended exclusively for the individual or entity to which it is addressed. If you are not the named Executive Committee Confidential Opinion Request

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addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please; notify the sender immediately by e-mail or telephone at (262) 636-9115, and delete or destroy all copies of the message. APPLICABILITY OF WISCONSIN PUBLIC RECORDS LAW. The City of Racine is subject to the Wisconsin Public Records law. Unless otherwise exempted from the public records law, senders and receivers of City of Racine e-mail should presume that e-mail is subject to release upon request, and is subject to state records retention requirements,

Executive Committee Confidential Opinion Request

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Members of the Common Council, Consideration of a date for a Special Mayoral Election tire on the Committee of the Whole agenda and on the Common Council agenda this evening. The item on the Committee of the Whole agenda is for discussion, The item on the Common Council agenda is for potential action. I want to address several possible scenarios for the scheduling of a Special Mayoral Election. One possibility is, of course, that the Special Election be held in April 2018 along with the regular Spring Election. If any of you desire more information on that possibility, please advise me and I will provide such information. You will recall that a Special Election may only be held 62 to 77 days after the Common Council orders such an election. The scheduling of a potential Primary ami the due date for nomination paperwork are dependent upon the date for an election. If the Common Council desires to hold a Special Election this year, depending upon the date the Common Council orders an election, I have set forth a number of scheduling scenarios. These scenarios are based upon the following assumptions: The election will be held before December 1, 2017. The election will be held on a Tuesday. The Common Council will order the election at a regularly scheduled - as opposed to special Common Council meeting. I can certainly change the assumptions upon your request. There are twelve scenarios set forth. I apologize if this is overstepping, but I recommend that you reject Scenario A/September 19 election, Scenario B/September 26 election, Scenario C/October 3 election. Scenario G/October 24 election, Scenario H/October 31 election, and Scenario L/November 28 election, because on Executive Committee Confidential Opinion Request

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â&#x2013;

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either the election date or the primary date, or both, the City Clerk and/or the Deputy City Clerk would not be available due to previously-scheduled commitments. It would be difficult to smoothly run an election without both the City Clerk and the Deputy City Clerk. . Finally, due to a quirk in State law, the Special Election may not be held on November 7, unless you are certain that there will be no more than two candidates.

Scenario A

Nomination Paperwork Due July 25,2017 (Note: Seven days to circulate nomination paperwork) Next Council Meeting/New Mayor Takes Office October 3, 2017

Election September 26, 2017 (Note: City Clerk not available) Primary

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August 29, 2017 (Note: Deputy City Clerk not available) Nomination Paperwork First Circulated July 19,2017 Nomination Paperwork Due July 25,2017 (Note: Fourteen days to circulate nomination paperwork) Next Council Meeting/New Mayor Takes Office October 3, 2017

September 5, 2017 (Note: Deputy City Clerk not available) No mi nation Paperwork First Circulated July 19, 2017 Nomination Paperwork Due August 1,2017 (Note: Twenty one days to circulate nomination

Next Council Meeting/New Mayor Takes Office October 17, 2017

Common Council Orders Election at August 2,2017 meeting Executive Committee Confidential Opinion Request

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Case 2017CV001644

Document 195

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Scenario D Election October 10,2017 Primary September 12,2017 Nomination Paperwork First Circulated â&#x20AC;˘ August 3, 2017 Nomination Paperwork Due August 15, 2017 (Note: Thirteen

Primary September 19,2017 Nomination Paperwork First Circulated August 3, 2017 Nomination Paperwork Due August 22, 2017 (Note: Twenty days to circulate nomination paperwork) Next Council Meeting/New Mayor Takes Office Executive Committee Confidential Opinion Request

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Case 2017CV001644

Document 196

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Page 1 of 16 FILED 01-16-2019 Clerk of Circuit Court Racine County

Scenario D

2017CV001644

Election October 10,2017 Primary September 12,2017 Nomination Paperwork First Circulated â&#x20AC;¢ August 3, 2017 Nomination Paperwork Due August 15, 2017 (Note: Thirteen

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November 7, 2017 t

Common Council Orders Election at August 15, 2017 meeting Scenario F

Primary

September ! 9,2017

August 22, 2017 (Note: Seven days to circulate nomination paperwork) Next Council Meeting/New Mayor Takes Office November 7,2017

October 24,2017 Primary September 26, 2017 (Note: City Clerk not available) Nomination Paperwork First Circulated August 16,2017 Executive Committee Confidential Opinion Request

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Nomination Paperwork Due

August 29,2017 (Note: Fourteen days to circulate nomination paperwork) Next Council Meeting/New Mayor Takes Office November 7, 2017

September 5, 2017 (Note: Twenty one days to circulate nomination

EXHIBIT G

Case 2017CV001644

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Primary October 17,2017 Nomination Paperwork First Circulated September 6, 2017 Nomination Paperwork Due

Nomination Paperwork First Circulated September 6, 2017 Nomination Paperwork Due September 26,2017 (Note: Twenty one days to circulate nomination paperwork) Next Council Meeting/New Mayor Takes Office â&#x2013;

December 5, 2017

Executive Committee Confidential Opinion Request

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Page 5 of 16

Common Council Orders Election at September 19,2017 meeting

Scenario K Election November 21,2017 Primary October 24, 2017 Nomination Paperwork First Circulated

November 28,2017 (Note: City Clerk not available) Primary October 31, 2017 Nomination Paperwork First Circulated September 20,2017 Nomination Paperwork Due Executive Committee Confidential Opinion Request

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; i

Case 2017CV001644

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Page 6 of 16

October 3,2017 (Note: Fourteen days to circulate nomination paperwork) Next Council Meeting/New Mayor Takes Office December 5, 2017

Scott SCOTT R, LETTENEY City Attorney City of Racine, Wisconsin City Attorney's Office 730 Washington A venue Room 201 Racine, Wisconsin 53403 (202) 636-9115 Fax: (262) 636-9570 scolt.lcttencyfecitvofracinc.urn may contain work-product or Information protected ■. Tliis message is intended exclusively for the individual or entity to w'Bt wee, you tiro not imlhori/ed to read. prinL retain, copy, or disseminate this message or any part of it. If you have received thitoncssage in error. please notify the sender immediately by e-tnajj or telephone til (58) 636^UOml delate or destroy aliases oPUie message. APPLICABILITY OF WISCONSIN PUBU'C RBt’OKDS'LAW. The'Coy of Racine is subject to the Wisconsin Public Records law. Unices odlcrwiso exempted from the public records low, senders and receivers of City of Racine e-mail should presume that emiatf is subject tty release upon request and is Subject to state fecords retention requirements. "I cannot give ytiU the formula for success, but i can give you the formula for failure. which is: Try to please everybody,” Herbert W. Swope

Executive Committee Confidential Opinion Request

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EXHIBIT G

Case 2017CV001644

Document 196

Filed 01-16-2019

Page 7 of 16

Members of the Common Council, Please find attached the two PowerPoint presentations

Racine. Wisconsin 53-10.1 (262) 636-9115 Fax: (262) 636-9570 scoll.lcltciiev(i<)cilvolVacinc.om

PRIVILEGE AND CONFIDENTIALITY NOTICK, i'his electronic UKiismission may contain work-pvotluel or information protected under the attorney-client privilege, both of which are prelected from disclosure. This message is intended exclusively for the individual or entity io which it is addressed. If you ace not (lie named addressee, you arc not authorized to road, prim, retain, copy, or disseminate this message or any part of it. If yon have received this message in error, please notify the sender immediately by e-mail or telephone at (262) 636-9115, and delete or destroy all copies of the message, APPLICABILITY OF WISCONSIN PUBLIC RECORDS LAW. Flic City of Racine Is subject lo I he Wisconsin Public Records law. Unless otherwise exempted from the public records law. senders and receivers of City of Racine e-mail should presume that e-mail is subject to release upon request and is subject to stale records retention requirements. â&#x20AC;&#x153;I cannot give you I he formula for success, but 1 can give you the formula for failure, which is: Try to please everybody.â&#x20AC;? Herhett W Swope Executive Committee Confidential Opinion Request

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EXHIBIT G i

Redacted Pursuant to 1.9.19 a*8*18! Decision Case 2017CV001644

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Redacted Pursuant to 1.9.19 a*9*18! Decision Case 2017CV001644

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Filed 01-16-2019

Case 2017CV001644

Document 196

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Case 2017CV001644

Document 196

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Redacted Pursuant to 1.9.19 Case 2017CV001644

Document 196

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Decision

Redacted Pursuant to 1.9.19 Case 2017CV001644

Document 196

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Decision

Case 2017CV001644

Document 196

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Case 2017CV001644

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Case 2017CV001644

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FILED 12-22-2017 Clerk of Circuit Court

Subject: Attachments:

City Clerk - Board of Ethics Correspondence Clerk - Board of Ethics Corresp.pdf

Racine County 2017CV001644

From: Letteney, Scott Sent: Tuesday, December 5, 2017 8:08 AM To: _CH_ALD <CH ALD(a)citvofracine.org> Cc: Mason, Cory <Corv.Mason@citvofracine.org>; Palenick, James <James.Palenick@cityofracine.org> Subject: City Clerk - Board of Ethics Correspondence

Members of the Common Council, Please find attached correspondence that I hand delivered to the Office of the City Clerk regarding a Request for Advisory Opinion from the City of Racine Board of Ethics. This arises from the Executive Committee direction of August 22, 2017, as approved by the Common Council on September 20,2017.1 included the formal Request for Advisory Opinion with my correspondence to the Assistant City Clerk. That document is not attached to this email. I have placed a copy in each of your boxes in the Alder’s Room. The press of other business prevented me from completing this action before now. Scott

SCOTT R. LETTENEY City Attorney City of Racine, Wisconsin City Attorney’s Office 730 Washington Avenue Room 201 Racine, Wisconsin 53403 (262) 636-9115 Fax: (262) 636-9570 scott.lettenev@citvofracine.org PRIVILEGE AND CONFIDENTIALITY NOTICE. This electronic transmission may contain work-product or information protected under the attorney-client privilege, both of which are protected from disclosure. This message is intended exclusively for the individual or entity to which it is addressed. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-inail or telephone at (262) 636-9115, and delete or destroy all copies of the message. APPLICABILITY OF WISCONSIN PUBLIC RECORDS LAW. The City of Racine is subject to the Wisconsin Public Records law. Unless otherwise exempted from the public records law, senders and receivers of City' of Racine e-mail should presume that e-tnail is subject to release upon request and is subject to state records retention requirements. “I cannot give you the formula for success, but I can give you the formula for failure, which is: Try to please everybody.” Herbert W. Swope V ■c

...

fliHlRACINE w LJ.LLLJ T-

i t

For Economic Development

Your link to City of Racine development and business start-up services: https://www.buildupracine.org/ 1

EXHIBIT H

Office of the City Attorney

Scott R. Letteney City Attorney

Nhu H.Tran Assistant City Attorney Marisa L. Roubik Assistant City Attorney

Nicole F. Larsen Deputy City Attorney

Karen J. Wirtz Executive Legal Assistant

Stacey Salvo

Paralegal City of Racine, Wisconsin

December 4,2017

Assistant City Clerk Tara McMenamin City of Racine 730 Washington Avenue Racine, Wisconsin 53403 1

VIA HAND DELIVERY Re:

City of Racine Board of Ethics Request for Confidential Advisory Opinion

Dear Ms. McMenamin:Pursuant to the direction of the City of Racine Executive Committee, as approved by the City of Racine Common Council, please find attached a request for an Advisory Opinion from the City of Racine Board of Ethics as contemplated by Racine Ordinance Section 2-585(a). Sincdi'ely,

Lefteni City Attorney

Cc:

Mayor Cory Mason All Members of the City of Racine Common Council

City. Hall 730 Washington Avenue, Room 201 Racine, Wisconsin 53403 262-636-9115 262-636-9570 FAX

EXHIBIT H