Attorney probes alleged destruction of city records
Podcast Episode
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 Acting City Manager Jay Winzenz has hired an outside attorney to investigate whether a city employee illegally destroyed records.
"The investigation is to determine if records were destroyed, and if records were destroyed, if they were public documents," Winzenz said.
The destruction might have violated state statutes on retaining public records, Winzenz said this week.
The city hired Steve Zach of the Boardman Law Firm in Madison. He specializes in labor and employment relations.
On May 27, Bonnie Davis, recreation director, taped a conversation with Mike Williams, leisure services director. Davis said she taped Williams, her boss, to protect herself and her employees.
On the tape, Williams can be heard saying that he destroyed documents.
At the time the tape was made, former City Manager Steve Sheiffer was asking questions about a dispute between a teen relative of his employed at the city ice rink and the relative's supervisor, Steve Fisher.
The Janesville Gazette had requested records about the dispute under the state's open records law.
Here is a transcript of the relevant part of Davis' tape:
Davis: "Do you know, though, Mike, what are they going to do? Are they going to turn over those things that they told us to destroy? Because it does make Steve look real bad."
Williams: "I don't know ..."
Davis: "So you're not even making those decisions?"
Williams: "Absolutely not. I, I—They asked me for Steve Fisher's file. And I says, I don't have one."
Davis: "Did you destroy everything?"
Williams: "Yeah. I told Steve I would do that. And my word is my honor. I didn't keep any of those documents. In fact, I went into the ‘J' drive and deleted the document."
It is not clear which "Steve"—Steve Sheiffer or Steve Fisher—Williams refers to on the tape.
In a letter to the Gazette, Sheiffer denied that it was him.
Williams, in an e-mail to City Attorney Wald Klimczyk, indicates he was referring to Steve Fisher.
Fisher told the Gazette he never asked Williams to destroy records.
In the e-mail to Klimczyk, Williams admits he asked Davis and another city employee to destroy their notes from an interview with Fisher. The Gazette received a copy of the e-mail while gathering information for an article about nepotism in the city's hiring of seasonal employees.
City Council President Amy Loasching said she has read a transcript of the tape. She said it shouldn't matter whether Williams was speaking about Steve Sheiffer or Steve Fisher.
"If it's a public document, it shouldn't be destroyed," she said.
When council members questioned Winzenz about the tape, Winzenz told them he had hired an attorney to investigate, Loasching said.
Steve Sheiffer retired Sept. 5.
Council members are awaiting the outcome of the investigation.
"I definitely think that some of us council members—hopefully all of us—believe in a transparent government," Loasching said. "We have questioned in our own minds as to why any document would be destroyed."
Loasching said she understands if Fisher wanted something removed from his personnel records. But she wonders why his boss, Mike Williams, thought it was necessary to go to the "J" drive on the computer system to get rid of them.
"It just seems like a lot of work at the request of an employee. And I question why the director of a department would do what an employee asked. That doesn't make sense to me.
"I do think there's more to this story. I'm very curious as to what the outcome of this investigation will be."
Winzenz said the investigation could be finished as early as Friday.
"...We don't know for sure what happened," Winzenz said. "If we did, we wouldn't need to investigate it."
The penalty for destroying public records is a fine of not less than $25 and not more than $2,000 to be paid to the entity whose records were destroyed.

Nov 3, 2008 at 12:36 p.m.
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ernie - I wish I could be a sure as you that the powers that be will get their punishment - I'm not. I do know that the current City Council is definitely looking into complaints, policies, etc., and I hope they realize what POS's some of the Managers are. I can hardly imagine it - that would be so wonderful.
Nov 1, 2008 at 1:22 p.m.
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Relax gazeetefan, Time has a way of working. In due time.
Oct 31, 2008 at 6:04 p.m.
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OK, we've been waiting a long time. How much longer and what's going to happen?
Oct 31, 2008 at 5:34 p.m.
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come_on_people, Your so right! Those "powers that be" will get their punishment soon. What goes around, Comes around.
Oct 31, 2008 at 4:21 p.m.
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gazettefan, I understand why you might think that Mike Williams was actually protecting Steve Fisher. But he was not. You have no reason to believe me, but it's true. Protection flows up at City Hall, not down.
I would love to see some of the 'powers that be' get theirs...
Oct 31, 2008 at 9:01 a.m.
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It's coming Gazettefan, its coming......
Oct 31, 2008 at 8:51 a.m.
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And why was it removed????
Oct 31, 2008 at 8:45 a.m.
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And the question remains: All these complaints about Sheiffer, especially being the bad guy re: destruction of records, where's the proof?
Oct 31, 2008 at 8:34 a.m.
Oct 30, 2008 at 10:57 p.m.
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Yes if the public only knew of the going ons at city hall they would be totally mortified! The city manager used and abused his power against staff that he chose to not like. more in that he even had former council members cringing when ever he got mad at a council meeting or closed door session and threatened to walk out because he didn't get his way. How unethical. And then he takes it upon himself to get involved in matters involving his niece that should have been left handled by Mr Fisher who is in a supervisory level or his immeadiate department head and not Mr Williams or the city manager. The only reason the city managers niece brought anything against Mr Fisher is because she was not doing her job and was repremanded several times and she became combative and refused to work. Therefore, making false allegations against Mr Fisher and she went to her uncle who is the city manager and cryed wolf to him. He got unethically involved and wanted a investigation into Mr Fisher. Which by the way the allegations were proved to be false. When the departmentt head Miss Davis wanted to discipline her, The city manager intervened and said no and had records destroyed that were not looking to good for his niece by Mr Williams. Don't ask me how I know, I just do.
Oct 30, 2008 at 5:29 p.m.
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come_on_people, consider this: "Steve Fisher's file" contained untrue statements about him said by Sheiffer's niece, or whoever it was.
You can't unring a bell: If someone documented untrue statements about you, whether or not having that document destroyed is the right thing to do, wouldn't your preference be that the document didn't exist? A superior could have been looking out for an underling in this matter. The tape excerpt and the story leaves this as a possibility.
If you email me, it will stay in confidence.
Oct 30, 2008 at 4:05 p.m.
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gazettefan - why would Mike Williams destroy a document for Steve Fisher, a subordinate, to protect him? It was Steve Sheiffer's neice that made a complaint against Steve Fisher. Who's to benefit from destroyed documents? And between Steve Fisher and Steve Sheiffer's neice - who would be protected in this incident? The complaint against Steve Fisher was dismissed.
I hope the attorney Jay Winzenz hired does what he's supposed to do. Find out the truth. The truth doesn't always come out in City Hall 'doings'. If the public only knew some of the goings on at City Hall....and yes, I do know what I'm talking about. Unfortunately I can't say how I know.
Oct 30, 2008 at 10:38 a.m.
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It won't be officially cleared up by tomorrow I'm sure. The investigator has a lot of information to process over the weekend and into next week to get to the bottom of this matter.
Oct 30, 2008 at 10:02 a.m.
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The reporter and Amy both heard the entire tape and neither of them can specifically say that Sheiffer order the destruction of the records.
You posters below are doing a lot of speculating. Can any of you be more specific?
A problem is the use of the "they". Let's hope it's all cleared up tomorrow.
Oct 30, 2008 at 9:19 a.m.
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Yes, I'm sure the attorney looking into the matter will see just what was going on behind closed doors.
Oct 30, 2008 at 8:56 a.m.
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tsk. tsk. tsk. that's what happens when you are a loyal soldier. you get burned.
Oct 30, 2008 at 8:15 a.m.
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Everyone knows who "Steve" is. Let's hope this attorney does a competent job.
"Oh what tangled webs we weave, when first we practice to deceive"
Oct 30, 2008 at 8:10 a.m.
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come_on_people, You are so right! Exactly, My point. Department diectors don't do what a subordinate says.
Oct 30, 2008 at 8:03 a.m.
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gazettefan, A supervisor doesn't tell a department director to destroy records, Only the city manager could since he is the department directors boss. The department director reports directly to the city manager not the supervisor subordinate. If you follow the chain of command, A supervisor subordinate reports to the department head who in turn reports to the department director who in turn reports to the city manager. So it seems highly probable that the city manager used his power and favoritism to have the supervisors records destroyed by the department director because it may have contained damaging information on him and his relative that he didn't want anyone to see that he was intervening on his relatives behalf which is unethical and wrong to begin with. It seems the supervisor was doing his job and it affected the city manager and his relative therefore embarrasing him and his power image and he had the records destroyed saving his image and his relative. To me, That's unethical and destruction of public records.
Oct 30, 2008 at 7:59 a.m.
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gazettefan - pull your head out of the sand! OF COURSE it was Steve Sheiffer that told Mike Williams to destroy documents. There is no way the Steve referred to in this article is Steve Fisher. Steve Fisher is a part-time employee. Mike Williams is not going to do something Fisher asked him to do.
Oct 30, 2008 at 6:58 a.m.
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The story doesn't say that the city manager ordered the records destroyed.
Oct 29, 2008 at 11:50 p.m.
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Oh, and another thing, Where was the human resources director in all of this? And the city attorney? Doesn't sound like they were too eager in looking into this matter either. Isn't it the human resources directors job to maintain all records? And isn't it the city attorneys job to investigate any violations of personell records that are public documents? It doesn't surprise me that the city manager would tell them to keep silent and stay out of it as well since it involved his relative. The city manager took it upon himself to intercede in this to his and his relatives benifit by asking that the records be destroyed. It makes no sense how a supervisor who is a subordinate could tell a department head to destroy records. The city manager would tell a department to do that not a subordinate. Just another fine example of how power and favortism run rampant at city hall. I'm ashamed our city government is run on power, Fear, And favoritism.
Oct 29, 2008 at 10:29 p.m.
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Pretty bad when all these articles the past few months shows how rampant power and favoritism is prevailent at city hall by the city manager. It's bad when a city department head takes it upon himself to destroy personell records of a supervisor because the city manager tells him too. Sounds like power and favoritism on the city managers part for his relative. Doesn't it seem a little odd that a department head is still working if he is under investigation? Shouldn't he be suspended pending the investigation? One would think so since this is a serious matter. Seems to me that more needs to be investigated at city hall. Sounds like power and favoritism prevails there.
Oct 29, 2008 at 2:23 p.m.
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Corruption in our city government as another fine example. Praises to the actions of positive actions to correct this sickening corruption.
Oct 29, 2008 at 12:08 p.m.
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This is something that a backup system should have recorded, even if the file on the network drive were deleted. Depending on the cycle used, it may still exist.
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