Grace Kirchner, Leader Correspondent
The Clintonville Common Council recently voted unanimously to hire a law firm to investigate a resident’s complaint filed against Mayor Judith Magee.
Magee declined to comment on the investigation or the council’s vote.
Trica Rose, publisher of the Clintonville Chronicle, filed the complaint accusing Magee of misconduct in office, abuse of power, theft of property, willfully destroying public property, releasing confidential information and concealing a crime.
Rose ran unsuccessfully against Magee in the April mayoral election. Rose’s husband, Greg, was removed from office as a District 4 alderman following a recall election — the first in city history — in November.
Tricia Rose’s filing is termed a Chapter 17 complaint, referring to the Wisconsin state statute that deals with removing elected officials from office. The procedure, which can be initiated by a resident taxpayer, includes written verified charges and a speedy public hearing at which the accused official can present a defense.
The Common Council could remove Magee from office if the proposal is supported by three-fourths of the members.
The council voted unanimously, with one member absent, Feb. 10 to hire the firm of David and Kuelthau to choose a special investigator to handle the probe.
“For months, the mayor has been accused of doing illegal and unethical things and yet nobody has done anything about it,” Rose said. “The discussion just continues and the tension keeps rising. By filing the complaint, the issues will finally be addressed.”
Magee has been at odds with some council members for several months. The divide became clear when the council voted to suspend then-City Administrator Lisa Kotter in May. The council voted 6-4 two weeks later to extend Kotter’s suspension and refer allegations of misconduct to the city’s labor attorney. Magee vetoed that vote on June 2, and Kotter returned to work.
On June 10, the council, with a 6-4 vote, failed to override Magee’s veto, falling one vote short of the required supermajority. Council members then passed, again 6-4, a no-confidence vote against Magee.
Many city residents spoke in support of Kotter and Magee at the June meeting, which had to be moved from City Hall to the Community Center because of the overflow crowd.
The council voted 7-3 in July to indefinitely place Kotter on administrative leave while continuing its investigation. Kotter resigned in September, just eight days after her 17-year anniversary as the city administrator.
The city agreed to pay Kotter’s salary, which was $80,200 annually, through May 15, and Kotter agreed not to file any complaints against the city. She denied any wrongdoing.
Her departure, according to a joint news release issued by Kotter and the city, was not based on any misconduct but rather on “philosophical and stylistic differences.”
The controversy helped spark the recall effort against Greg Rose.
Magee took a medical leave of absence from her mayoral duties Oct. 1. In a statement released to the media, she said she was honored to be elected by city voters to the position but needed time away from the turmoil that had enveloped the city since the April election.
“Since April 1, I have had numerous threats made to me and my position, six members of the council are regularly attacking the work I do, we have had a council member resign, the city administrator resigned and a new city attorney who is related to two council members,” Magee said in her statement.
She returned to work Nov. 26.
Rose filed her initial complaint Dec. 5. In an amended complaint filed Dec. 30, Rose accused Magee of lying on several occasions, alleged that Magee helped get her kicked out of the Clintonville Rotary Club, said Magee’s city cellphone was wiped clean and charged that Magee released confidential information.
On Dec. 9, city attorney April Dunlavy told the council that Magee had illegally authorized a $203,000 check, which the council voided, for improvements in a TIF district. Council President Jeannie Schley also said Magee approved stop signs, not OK’d by the council, costing nearly $10,000.
Dunlavy is the daughter of Alderperson Gloria Dunlavy and niece of Schley.