Grace Kirchner, Leader Correspondent
The mayor of Clintonville will face a public hearing June 15 on charges leveled by a former political opponent.
Mayor Judith Magee will be able to respond at the hearing to a Chapter 17 complaint filed by Tricia Rose, a local newspaper publisher who ran a write-in campaign against Magee in 2014.
Rose filed the complaint in December accusing Magee of misconduct in office, abuse of power, theft of property, willfully destroying public property, releasing confidential information and concealing a crime.
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 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 (eight) of the members following the hearing.
The hearing will begin at 5:30 p.m. June 15 in City Hall, 50 10th St. If the hearing is not completed by 10 p.m., the council will adjourn until 5:30 p.m. June 16. If additional time is needed, the hearing will continue at 5:30 p.m. June 23.
The hearing is open to the public, but public comments will not be accepted. The city hired Jim Kalny, an attorney with Davis Kuelthau Law, to be the hearing examiner.
If the hearing is completed and the council doesn’t think there is enough evidence to remove Magee from office, Rose will be responsible for the legal fees.
The city will pay for the cost of Magee’s defense. If she is removed from office, however, she would have to pay for her defense costs.
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 Alderwoman Gloria Dunlavy and niece of Schley.
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 2014. 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 successful recall effort — the first in city history — against Greg Rose, District 4 alderman and husband of Tricia 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 2014 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.
Three council members involved in the 2014 controversies opted not to seek re-election in April. A fourth was defeated.