Bonnie Davis, Janesville recreation director, taped a conversation with Mike Williams, leisure services director. On the tape, Williams can be heard saying that he destroyed documents.
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JANESVILLE — An attorney hired by the city has concluded that city employee Mike Williams illegally destroyed at least one public record and probably a second.
The results of the investigation were released to the media Monday.
It also exonerates former City Manager Steve Sheiffer as being the person who directed Mike Williams to destroy the record.
Attorney Steven Zach said it is his opinion after his investigation that Williams destroyed the record at the request of his employee Steve Fisher, assistant ice rink supervisor.
"While the information did not have to go into the employee's personnel file, it had to be retained," Zach said. "In not doing so, Williams erred."
Meanwhile, Williams has announced his retirement, and his last day is Jan. 9.
Jay Winzenz, acting city manager, said the city did not force Williams to retire. He said the reason for Williams' retirement would have to come from Williams.
The Janesville Gazette has not been able to reach Williams for comment.
Williams was investigated for destroying city records relating to a personnel case involving Fisher and a relative of Sheiffer's employed part time at the ice arena.
Bonnie Davis, recreation director, taped her conversations with Williams in May. Davis said she made the recordings to protect herself and her employee.
On the tape, Williams is heard saying he destroyed computer records relating to the case, and that he promised "Steve" he would do so. Williams later said the "Steve" was Steve Fisher. Davis and Fisher both suggested that Steve Sheiffer asked Williams to destroy records.
A second investigation into Davis has not been released pending notification of the employees listed in the second report. Davis is accused of wrongly releasing employee records.
Davis had been out of work on family leave, Winzenz said, but returned last week. She currently reports to Jennifer Petruzzello, neighborhood services director, rather than Williams.
Zach said Williams violated state statutes and city ordinances but did so to keep the materials from Fisher's file.
Zach said it is his opinion that the "Steve" referred to on the tape is Fisher, not Sheiffer.
He said Williams's story has been consistent, and that Williams had no reason to continue lying after Sheiffer retired in September.
Susan Musick, personnel director, retained records in her file, as well.
"If Sheiffer wanted all documentation regarding the event destroyed, he would have directed Musick to destroy her documents," Zach said.
Zach said Sheiffer and Musick deny that Williams was directed to destroy records.
Sheiffer also would not have written two additional memos to Williams and other city employees after the January complaint, Zach said.
Zach said he could find no motive for Sheiffer to order such an action.
"To the extent others would attribute his motives to any issues of nepotism, that first became an issue much later than the January investigation and alleged order to destroy the records," Zach said.
Rather, Zach does believe a motive exists for Davis's and Fisher's accusations.
"It is my conclusion that Davis and Fisher have a negative attitude toward city administration and, therefore, a motive to claim that Sheiffer ordered the destruction of the documents. They conferred with respect to this matter on several occasions," he wrote.
The city ordinances do not include a penalty, so the penalty reverts to those included in state statutes—a fine of not less than $25 nor more than $2,000. The city or the district attorney would have to file charges against Williams.
Winzenz said the city has not made a decision on whether to prosecute. The matter remains under investigation because Williams still has rights as an employee.