Verified Open Meetings Law Complaints - Re: 02-22-2022 Village of Arena Personnel Committee Meeting

Page 1

VERIFIED OPEN MEETINGS LAW COMPLAINT Now comes the complainant Valley Sentinel pursuant to and as and for a verified complaint Wis. Stat. §§ 19.96 and 19.97, alleges and complains as follows: 1.

That complainant is a corporate person and news media/press organization published in the village of Spring Green, Wisconsin, with a Post Office Address of P.O. Box 144, Spring Green, Wisconsin 53588.

2.

DeNean Naeger whose Post Office Address is 314 Commerce Street, Rewey, WI 53580 was on the 21st day of February, 2022, a member of the governmental body Village of Arena as clerk/treasurer and that such village is a governmental body within the meaning of Wis. Stat. § 19.82(1).

3.

That DeNean Naeger is, upon information and belief, the designee of the Village of Arena Personnel Committee’s chief presiding officer to the public and news media for the purpose of communicating public notice of all meetings of said governmental body, per Wis. Stat. § 19.84(1)(b).

4.

That DeNean Naeger on the 21st day of February, 2022, at Iowa County of Arena, Wisconsin, transmitted insufficient notice to news media of a meeting of said governmental body in violation of Wis. Stat. § 19.96, Wis. Stat. § 19.84(1)(b) and Wis. Stat. § 19.84(3), or otherwise sections in that: a.

Valley Sentinel is a news media organization that has filed a written request under Wis. Stat. § 19.84(1)(b) for public notice of all meetings of the governmental body Village of Arena and subunits. Valley Sentinel received notice by email of the committee meeting in question from DeNean Naeger, to be held at 8:00 a.m. CST on the 22nd day of February, 2022, at 10:09 a.m. CST on the 21st day of February, 2022, with less than 24 hours notice as required by Wis. Stat. § 19.84(3).

5.

That DeNean Naeger is thereby subject to the penalties prescribed in Wis. Stat. § 19.96.

6.

That the following witnesses can testify to said acts or omissions: Nicole Aimone, PO Box 144, Spring Green, Wisconsin 53588, 608-588-6694

7.

That the following documentary evidence of said acts or omissions is available: a.

Email from Village of Arena Clerk DeNean Naeger to news media with subject line “Agenda” that shows the time news media received insufficient notice.

b. Agenda for the meeting in question. 8.

That this complaint is made to the District Attorney for Iowa County under the provisions of Wis. Stat. § 19.97, and that the district attorney may bring an action to recover the forfeiture provided in Wis. Stat § 19.96.

WHEREFORE, complainant prays that the District Attorney for Iowa County, Wisconsin, timely institute an action against DeNean Naeger to recover the forfeiture provided in Wis. Stat. § 19.96, together with reasonable costs and disbursements as provided by law.


7 STATE OF WISCONSIN ) ss.

COUNTY OF IOWA Nicole Aimone, for Valley Sentinel, being first duly sworn on oath deposes and attests on behalf of the above­ named complainant, that she has read the foregoing complaint and that, based on her knowledge, the contents of the complaint are true.

VALLEY SENTINEL

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By: 1 NICOLE AIMONE,rER/EDITOR-TN-CHIEF Subscribed and sworn to before me • 20� this �,.J day of ✓ --j

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Notary Public, State of Wisconsin My Commission: 5- c);). I.(


VERIFIED OPEN MEETINGS LAW COMPLAINT Now comes the complainant Valley Sentinel pursuant to and as and for a verified complaint Wis. Stat. §§ 19.96 and 19.97, alleges and complains as follows: 1.

That complainant is a corporate person and news media/press organization published in the village of Spring Green, Wisconsin, with a Post Office Address of P.O. Box 144, Spring Green, Wisconsin 53588.

2.

Jim Doerflinger whose Post Office Address is 351 Willow Street, Arena, WI 53503 was on the 22nd day of February, 2022, a member and chief presiding officer of the Village of Arena Personnel Committee and that such committee is a governmental body within the meaning of Wis. Stat. § 19.82(1).

3.

That Jim Doerflinger on the 22nd day of February, 2022, at Iowa County of Arena, Wisconsin, knowingly attended a meeting of said governmental body held in violation of Wis. Stat. § 19.96, Wis. Stat. § 19.85(1), Wis. Stat. § 19.88(3), Wis. Stat. § 19.84(1)(b) and Wis. Stat. § 19.84(3), or otherwise violated those sections in that: a.

Valley Sentinel is a news media organization that has filed a written request under Wis. Stat. § 19.84(1)(b) for public notice of all meetings of the governmental body Village of Arena and subunits. Valley Sentinel received notice of the committee meeting in question, to be held at 8:00 a.m. CST on the 22nd day of February, 2022, at 10:09 a.m. CST on the 21st day of February, 2022, with less than 24 hours notice as required by Wis. Stat. § 19.84(3).

b. For agenda item five, the meeting was purported to be convened in closed session under Wis. Stat. § 19.85(1)(c). However, upon information and belief, no roll call vote was ever taken per Wis. Stat. § 19.85(1) and Wis. Stat. § 19.88(3). c.

For agenda item six, the meeting was purported to come out of closed session and reconvene in open session. However, upon information and belief, no roll call vote was ever taken per Wis. Stat. § 19.85(1), Wis. Stat. § 19.85(2) and Wis. Stat. § 19.88(3).

4.

That Jim Doerflinger is thereby subject to the penalties prescribed in Wis. Stat. § 19.96.

5.

That the following witnesses can testify to said acts or omissions: Paul Pustina, 408 Dalogasa Drive, Arena, Wisconsin 53503, 608-574-0589 Mike Schmidt, 8138 Peterson Road, Arena, Wisconsin 53503, 608-459-5838

6.

That the following documentary evidence of said acts or omissions is available: a.

Email from Village of Arena Clerk DeNean Naeger to news media with subject line “Agenda” that shows the time news media received insufficient notice.

b. Agenda for the meeting in question. c.

2021-2022 Standing Committees list for the Village of Arena.

d. Statement from Paul Pustina regarding his personal observation of the events of the meeting. e.

Audio files from Paul Pustina recording the relevant parts of the meeting.


7. That this complaint is made to the District Attorney for Iowa County under the provisions of Wis. Stat.§ 19.97, and that the district attorney may bring an action to recover the forfeiture provided in Wis. Stat§ 19.96. WHEREFORE, complainant prays that the District Attorney for Iowa County, Wisconsin, timely institute an action against Jim Doerflinger to recover the forfeiture provided in Wis. Stat.§ 19.96, together with reasonable costs and disbursements as provided by law. WHEREFORE, complainant prays that the District Attorney for Iowa County, Wisconsin, take into account that audio recording of the meeting shows Jim Doerflinger, as chief presiding officer of the meeting, asks for - and receives no assistance in the closed session process from his two other committee members in attendance, who have years more of recent governmental body experience, where the forfeiture provided in Wis. Stat.§ 19.96 is considered.

STATE OF WISCONSIN ) ss. COUNTY OF IOWA Nicole Aimone, for Valley Sentinel, being first duly sworn on oath deposes and attests on behalf of the above­ named complainant, that she has read the foregoing complaint and that, based on her knowledge, the contents of the complaint are true.

-

VALLEY SENTINEL

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By: 1 A A /\ NICOLE AIMONE, cF-OWNERJEDITOR-IN-G-IIEF Subscribed and sworn to before me thi�day of0r!1ez::1.20�

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Notary Public, State of Wisconsin My Commission: 15 -:;;logLf

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VERIFIED OPEN MEETINGS LAW COMPLAINT Now comes the complainant Valley Sentinel pursuant to and as and for a verified complaint Wis. Stat. §§ 19.96 and 19.97, alleges and complains as follows: 1.

That complainant is a corporate person and news media/press organization published in the village of Spring Green, Wisconsin, with a Post Office Address of P.O. Box 144, Spring Green, Wisconsin 53588.

2.

Kate Reimann whose Post Office Address is 417 Williams Street, Arena, WI 53503 was on the 22nd day of February, 2022, an ex officio member of the Village of Arena Personnel Committee by virtue of being village president and that such committee is a governmental body within the meaning of Wis. Stat. § 19.82(1).

3.

That Kate Reimann on the 22nd day of February, 2022, at Iowa County of Arena, Wisconsin, knowingly attended and was an active participant seated with other committee members in a meeting of said governmental body held in violation of Wis. Stat. § 19.96, Wis. Stat. § 19.85(1), Wis. Stat. § 19.88(3), Wis. Stat. § 19.84(1)(b) and Wis. Stat. § 19.84(3), or otherwise violated those sections in that: a.

Valley Sentinel is a news media organization that has filed a written request under Wis. Stat. § 19.84(1)(b) for public notice of all meetings of the governmental body Village of Arena and subunits. Valley Sentinel received notice of the committee meeting in question, to be held at 8:00 a.m. CST on the 22nd day of February, 2022, at 10:09 a.m. CST on the 21st day of February, 2022, with less than 24 hours notice as required by Wis. Stat. § 19.84(3).

b. For agenda item five, the meeting was purported to be convened in closed session under Wis. Stat. § 19.85(1)(c). However, upon information and belief, no roll call vote was ever taken per Wis. Stat. § 19.85(1) and Wis. Stat. § 19.88(3). c.

For agenda item six, the meeting was purported to come out of closed session and reconvene in open session. However, upon information and belief, no roll call vote was ever taken per Wis. Stat. § 19.85(1), Wis. Stat. § 19.85(2) and Wis. Stat. § 19.88(3).

4.

That Kate Reimann is thereby subject to the penalties prescribed in Wis. Stat. § 19.96.

5.

That the following witnesses can testify to said acts or omissions: Paul Pustina, 408 Dalogasa Drive, Arena, Wisconsin 53503, 608-574-0589 Mike Schmidt, 8138 Peterson Road, Arena, Wisconsin 53503, 608-459-5838

6.

That the following documentary evidence of said acts or omissions is available: a.

Email from Village of Arena Clerk DeNean Naeger to news media with subject line “Agenda” that shows the time news media received insufficient notice.

b. Agenda for the meeting in question. c.

2021-2022 Standing Committees list for the Village of Arena.

d. Statement from Paul Pustina regarding his personal observation of the events of the meeting. e.

Audio files from Paul Pustina recording the relevant parts of the meeting.


f.

Document "Chapter 2.10 VILLAGE UOARD" containing Arena Municipal Code 2.10.040(b)(2), stating that the village president is an ex officio member of standing committees, with one exception.

7.

That this complaint is made to the District Attorney for Iowa County under the provisions of Wis. Stat.§ 19.97, and that the district attorney may bring an action to recover the forfeiture provided in Wis. Stat§ 19.96.

WHEREFORE, complainant prays that the District Attorney for Iowa County, Wisconsin, timely institute an action against Kate Reimann to recover the forfeiture provided in Wis. Stat.§ 19.96, together with reasonable costs and disbursements as provided by law.

STATE OF WISCONSIN ) ss. COUNTY OF IOWA Nicole Aimone, for Valley Sentinel, being first duly sworn on oath deposes and attests on behalf of the above­ named complainant, that she has read the foregoing complaint and that, based on her knowledge, the contents of the complaint are true.

VALLEY SENTINEL

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By: \ A/V':: NICOLE AIMONE,§?o'WNER!EDITOR-IN-CHIEF Subscribed and sworn to before me this�day of ftk�, 20�

Notary Public, tate of Wisconsin My Commission: 9-JS-- �c)...L(


VERIFIED OPEN MEETINGS LAW COMPLAINT Now comes the complainant Valley Sentinel pursuant to and as and for a verified complaint Wis. Stat. §§ 19.96 and 19.97, alleges and complains as follows: 1.

That complainant is a corporate person and news media/press organization published in the village of Spring Green, Wisconsin, with a Post Office Address of P.O. Box 144, Spring Green, Wisconsin 53588.

2.

Kathy Stoltz whose Post Office Address is 712 Sharon Street, Arena, WI 53503 was on the 22nd day of February, 2022, a member of the Village of Arena Personnel Committee and that such committee is a governmental body within the meaning of Wis. Stat. § 19.82(1).

3.

That Kathy Stoltz on the 22nd day of February, 2022, at Iowa County of Arena, Wisconsin, knowingly attended a meeting of said governmental body held in violation of Wis. Stat. § 19.96, Wis. Stat. § 19.85(1), Wis. Stat. § 19.88(3), Wis. Stat. § 19.84(1)(b) and Wis. Stat. § 19.84(3), or otherwise violated those sections in that: a.

Valley Sentinel is a news media organization that has filed a written request under Wis. Stat. § 19.84(1)(b) for public notice of all meetings of the governmental body Village of Arena and subunits. Valley Sentinel received notice of the committee meeting in question, to be held at 8:00 a.m. CST on the 22nd day of February, 2022, at 10:09 a.m. CST on the 21st day of February, 2022, with less than 24 hours notice as required by Wis. Stat. § 19.84(3).

b. For agenda item five, the meeting was purported to be convened in closed session under Wis. Stat. § 19.85(1)(c). However, upon information and belief, no roll call vote was ever taken per Wis. Stat. § 19.85(1) and Wis. Stat. § 19.88(3). c.

For agenda item six, the meeting was purported to come out of closed session and reconvene in open session. However, upon information and belief, no roll call vote was ever taken per Wis. Stat. § 19.85(1), Wis. Stat. § 19.85(2) and Wis. Stat. § 19.88(3).

4.

That Kathy Stoltz is thereby subject to the penalties prescribed in Wis. Stat. § 19.96.

5.

That the following witnesses can testify to said acts or omissions: Paul Pustina, 408 Dalogasa Drive, Arena, Wisconsin 53503, 608-574-0589 Mike Schmidt, 8138 Peterson Road, Arena, Wisconsin 53503, 608-459-5838

6.

That the following documentary evidence of said acts or omissions is available: a.

Email from Village of Arena Clerk DeNean Naeger to news media with subject line “Agenda” that shows the time news media received insufficient notice.

b. Agenda for the meeting in question. c.

2021-2022 Standing Committees list for the Village of Arena.

d. Statement from Paul Pustina regarding his personal observation of the events of the meeting. e.

Audio files from Paul Pustina recording the relevant parts of the meeting.


7.

That this complaint is made to the District Attorney for Iowa County under the provisions of Wis. Stat.§ 19.97, and that the district attorney may bring on action to recover the forfeiture provided in Wis. Stat§ 19.96.

WHEREFORE, complainant prays that the District Attorney for Iowa County, Wisconsin, timely institute an action against Kathy Stoltz to recover the forfeiture provided in Wis. Stat.§ 19.96, together with reasonable costs and disbursements as provided by law.

STATE OF WISCONSIN ) ss. COUNTY OF IOWA Nicole Aimone, for Valley Sentinel, being first duly sworn on oath deposes and attests on behalf of the above-named complainant, that she has read the foregoing complaint and that, based on her knowledge, the contents of the complaint are true. VALLEY SENTINEL ,..

By,

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NICOLE AIMONE,()WNER/EDIT()R-IN-OilEF

Subscribed and s� to before me thi�rtAday of \<-f)rtu-r.'.) • 20,aa.

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Notary Public, State of Wisconsin My Commission: S::-;Jo:;J.9

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