To williepeter - I don't see what you think is so creepy about Officer Maltese's house. It doesn't look that bad to me. In fact I like the looks of the outside very much. The inside had good features also. You can always decorate the way you want to.

oplease I was referring to WisconsinMom's comment about the witch hunt.

So one member persuaded 4 other members to vote to get rid of the chief?

Well Mr. CopperGuy we need some more help!
I have heard that our newly elected president Ms. Etten scheduled a meeting for Thursday April 30, 2009 at 7:00 pm. She sent the agenda to Mr. Dennison and he sent the notice to the board members. Yesterday, Mr. Zipp called Ms. Etten to say he couldn't make the meeting... today Ms. Etten got a call from Mr. Dennison stating that the "other" board members (Abbott, Wenzel, Kaufenburg and Zipp) could not make the Thursday meeting either.
Is there something that can be done to STOP these members from undermining Ms. Etten and deliberately trying to stop her from moving forward as the new Village President?
*****
I sure hope everyone that reads this will support Ms. Etten and call Dennison and SHOW UP Thursday at 7pm at the library for the meeting!
****
The corruption in Darien must stop!

It is a witch hunt when certain members of the board were clipping newspaper articles (in october) about other chiefs of police being fired for "inappropriate" things..
***
He was looking at a way to get even with the chief!

How could it be a witch hunt when 5 voted for removal?

1moreview-

I think this is the report you are referring to.
http://www.darienwi.us/vertical/Sites/%7...

Yougot2bkidding – no, I am not a board member, past or present. However, I am interested in following the activities that take place in our village. I do not hesitate to ask questions and get answers from both sides of a position; then I decide how I feel about positions board members are taking. I certainly don’t consider this “inside information” whatever that implies.
I agree with you that DeVoy is meticulous and did project a professional image. I will try and get a copy of his 2007 annual report so I can review it. I am sure that the report he prepared was very professional. I agree that all the supervisors, which would include DeVoy, are accountable to the board. I would like to ask the question: (1) did DeVoy ever ask what information the board would like reported on a monthly basis, (2) did he ever approach them with a problem he wanted their input on. What I am fairly sure of is that the board trusted him. As regard to his claim that the VP committed insurance fraud. Lets look at the fact of the situation. The VP called the insurance company, the insurance company sent on adjustor to visually view the reported damages, the insurance adjustor subsequently went back to the insurance company with his recommendation as to the damages. The outcome was that the village hall and the police dept. received new carpeting. It should be noted that according to meeting minutes that sometime before the water problem DeVoy had requested new carpeting in the police dept. and the board turned him down. I believe DeVoy was present when a FEMA rep was being shown through the hall and police dept. If I remember correctly there was actually several months between the adjustors visits and DeVoy report that VP committed insurance fraud. The WCSO investigated and found the complaint to be unfounded. The adjustors who processed the claims did not act fraudulently. I hope that he didn’t commit a crime which would have to be turned over to the WCSO but I believe a crimminal offense is not what our elected officials are dealing with; two terms come to mind – conduct in office and liability the village has been placed in. I am happy that our elected officials had the common sense to hire professionals to minimize our liability where ever possible (penney wise is pound foolish is an old adage). Their course has consider this. Don't you agree?

1moreview I must respectfully disagree!

Your chief was suspended for putting cameras in a public area, because he had evidence and concern that confidencial files were being accessed.

He consulted with WCSO, and they agreed to assist by installing THEIR cameras. This was not DeVoy's idea.

Village President Metzner wrongly suspended DeVoy totally on his own, which was wrong, and potentially illegal.

DeVoy was suspended for 3 months without being given a chance to defend himself, and then he was fired.

In my humble opinion, the guy deserved to be judged first on IF the cameras were illegal. The cameras were installed by WCSO so they sure knew what they were doing and it was legal.

Then with DeVoy obviously being railroaded, the e-mails came into play. They had his computer for 3 months and set out to destroy him and add incriminating things.

I say get a clue, people of Darien. You know that DeVoy is honest or he would have benn fired long before he had 26 years in.

And, regarding applicability of 62.13(5) to Villages in addition to cities, here's a link to 61.65(1)(am).

http://nxt.legis.state.wi.us/nxt/gateway...)

OK, now that I've had time to research this...

62.13(5)(j) reads, "The provisions of pars. (a) to (i) shall apply to disciplinary actions against the chiefs where applicable. In addition thereto, the board may suspend a chief pending disposition of charges filed by the board or by the mayor of the city."

So, yes, the same procedure applies.

As to the subject of whether the accused must "request" a hearing, don't confuse 62.13(5)(d) with 62.13(5)(c). The latter deals with SUSPENSIONS and IS DEPENDENT upon a request for a hearing. The case in Darien is not a SUSPENSION, but, rather, a TERMINATION. That is covered by the former, 62.13(5)(d).

This is an easy mistake to make for anyone who is less than very well-versed in reading statutes.

1moreview: since you have so much inside information and I assume you're a board member, why don't you admit that DeVoy has been accountable to the board with little to no help by them. Check out the website and tell me that he hasn't been very maticulous in his documentation. His 2007 annual report describes in detail the management and operations of his department. I don't think anyone can say that under his authority that the police department projected nothing less than a professional image and served the public well. It's obvious that the start of the friction was when DeVoy was a witness to Metzner committing insurance fraud and he (DeVoy) called him out. What would everyone think if we as taxpayers were paying his wage and found out that he was not doing his job? I think the guys in a catch 22 position and is not being given enough credit for the positive things he's accomplished for the good of the community. Unless there's another charge coming down the pike, he committed no crime that would warrant the ultimate penalty of termination.

See my post on the "Fresh Start" forum. Same process.

62.13 (5) applies to subordinates not supervisors.

badgerboy: You get an "A" for homework completion. However, the disciplinary process spelled out by 62.13 (Cities) is incorporated by 61.65 (Villages). Same process is used for both Villages and Cities.

Copperguy mentioned "Here is a link to 62.13:

http://nxt.legis.state.wi.us/nxt/gateway...

Chapter 62 pertains to cities, not villages, Chapter 61 pertains to villages.

http://www.legis.state.wi.us/statutes/St...

In reading the statements of Me2 and copperguy it brought to mind a simple truth. The Board members always trusted DeVoy, what he said, and what he did. The one thing that stands out in 2008 is the Board started to attempt to make the chief more accountable for what was happening in his department. No one can find fault with that, certainly not I. All the board members participated and approve the first directives they gave to the chief (in Oct. or Nov.) The chief questioned whether he had to comply or needed open records requests. He did comply with the Dec. 1st deadline the board gave him.
The Board did oversee all departments up until they past a charter ordinance for the administrator to oversee the department and report back to them. If a board member or the Board as a whole acts outside of their realm of responsibility and opens the village up to liability then the insurance company has to step in the rectify the situation. Our board members, both past and present, don’t know everything about managing a municipality even if they attend workshops for elected officials. Some have not even been able to do that. Some have not follow the advice of our consultants. Let us give our Board, both past and present, credit for going forward with this most monumental task. While we discuss whether e-mails are jokes or not, they have to look at the entire body of evidence and do what is right for the village as a whole. This has been no small task. I am sure it has not been any easier on them then it has been on all of us who have to stand back and watch this play out in public. No one wins in something like this, no one!

The bottom line is that DeVoy, whether knowing or unknowingly, did open our village up to possible lawsuits for harassment, sexual harassment, and violation of IV Amendment rights. That part of the story we know. The future will tell us whether a board member or Board members have opened us up for further legal action. Again, I stress that our personal thoughts will not make the difference in how this ”story” turns out. Legal minds and time will put an end to this very unfortunate situation

And, again, if ANY person ever sent an "off-color" or potentially objectionable email to Chief Devoy while that person was a member of the Village Board, they set the precedent that it is ok. I have no idea if that ever occurred, but if it did, this would amount to little less than entrapment.

While I agree with much of what 1moreview wrote, I think that the last post from Me2 was spot on and exactly what I've been trying to communicate all along. The ultimate managerial failure seems to rest squarely with the Village Board. If they failed to adequately supervise Chief Devoy (or others), and that failure led to an ongoing but "un-addressed" problem, that responsible ends with them. The Village should not jump right to discipline level 3 just because the Board has failed to ever impose discipline level 1. Level 1 is the place to start.

Discipline in its literal sense is training that corrects, molds, or improves, and its purpose in the workplace is to correct, mold, or improve job-related performance or behavior. Discipline is to be progressive in nature so that it uses the least severe action necessary to correct undesirable behavior and moves to increasingly severe measures only if the problem is not corrected. These steps include an oral warning, a written warning, a suspension, and a termination. With the exception of the final step, discipline’s primary objective is to correct—not punish—the employee. When properly administered, progressive discipline benefits management and employees and satisfies the scrutiny of third parties (unions, EEOC, arbitrators).

Only if DeVoy had previous warnings or suspensions would termination be warranted. According to the charges, none of them constituted a crime which would also constitute termination. So in as much as DeVoy having to explain his actions I think the board does also. Lastly the board has to be able to prove that they have treated everyone that violated the same policies the same or face a discrimination claim.

In terms of Don White, I believe he beat the charges against him in an appeal but then sought a severance where he was paid to leave.

Thank you 1moreview, that was probably the most intelligent thing on here yet.

1moreview
Very well put

When reading these blogs one has to sit back and wonder, what is all this name calling, speculation, purported truth and/or lies have to do with the actual events that have taken place and what will take place over the next few months.

I understand that people have different values as well as different expectations of people they know or the people they think they know. Anyway our elected officials have acted in what they consider a correct course to investigate what was discovered on Dec. 1st and subsequent findings in that investigation of other materials. Some of their decisions were by unanimous approval and some were not but the fact still remains that things have progressed to where they are today. Do you remember the Officer Don White situation? Many of our residents supported him. In the end the Village of Darien was sued by two people, and the village went into court with the prospect of losing 65M. Meanwhile Don White moved on to another police dept. and eventually ended up in jail.

Steve DeVoy does have a long career in law enforcement but maybe his promotion to chief went to his head. That is not important. What is important is that he will have the opportunity to present his side of the situation in the near future. Whatever our personal opinions maybe they really are not important to Steve DeVoy, he has an attorney that is advising him and I’m sure he will have a hearing. At the hearing, the only one defending his actions will be Steve.

One other note (at the risk of splitting hairs):

Police officers do, in fact, sign affidavits frequently. Whenever an offender is booked into jail on a new charge, the officer has to complete a "Probable Cause Affidavit" in order to hold that suspect. There are other instances, too, where an officer may sign an affidavit.

There may be little difference between an affidavit and a signed statement, if the signed statement is sworn. Many police departments use pre-printed statement forms that contain an oath as to the stement's truthfulness. The officer will typically read that oath aloud and have the signator acknowledge it before the signature is attached. Although the officer may not be a Notary Public, such an oath has heavy weight in a court. If an officer is the one making the statement, then s/he is swearing to its truthfulness. This is very analagous to an affidavit.

Here is a link to 62.13:

http://nxt.legis.state.wi.us/nxt/gateway...

For those who didn't see my posting on the other forum, here is Wisconsin state statute 62.13(5)(d):

"Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board shall set date for hearing not less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas..."

Note it's treatment of the hearing: "The board shall set date for hearing not less than 10 days nor more than 30 days following service of charges." The hearing is to be scheduled by the Board, independent of any "request" by the accused. Devoy (or Konopski) does not have to request a hearing.

Chief Devoy and his attorney may be playing this one smart, and letting the Board fail to perform the required function through their corporation counsel's misreading of the law.

I think the people of Darien really need to look at certain individuals and how they have, or will be affecting the taxpayers of Darien. First of all we have an attorney that gets caught double billing on a regular basis, bills for services he doesn’t render, and most recently sat in a village board meeting and allowed an employee that is deployed in the military to be terminated. I think you also have to question Kurt Zipp’s and Mike Maltese’s intelligence. Why are they putting themselves in a position to make recommendation for the termination? I think most people view McCue and Kenyon as being the dummies of the board, but in this case I think they both made VERY intelligent decisions to abstain or vote against Konopski’s termination. My research indicates that you can’t terminate one’s employment while they are serving in the military – either in a part-time or full-time capacity. Konopski’s email was very specific that he sent to Maltese indicating that he’s actively in the military and will be returning home soon. This people will now cause us taxpayers to fight yet another battle, this time in federal court. Having seen Danz misguide the village in this termination, what’s the outcome of DeVoy’s going to be? There’s a reason why Danz doesn’t represent people on death row, he’d have to attend too many funerals.

Yes, yes it is, but can you find someone, who is going to disagree, with wanting actual facts displayed, and not personal "Misleading" information. That is what most of this invesitgation is about. I mean, if the state did an overall investigation of every department and it's suboridnates, don't you think, there would be a lot of Chief's and ranked positioned officer's in the same boat as Chief DeVoy right now?

HateMeIfYouWantTo
"Please, I am sure I am speaking for everyone when I say this"
Isn't a ego a wonderful thing?

To the levelheaded people - Are you the same person or do you have no imagination to think up your own name? Which by the way, is a pretty lame name. Neither one seems very levelheaded either just preachy and arrogant.

(4_2LevelHeaded)
Just a couple of quick things for you there "buddy." You say that Officer Strohm, signed an "affidavit" or what you now call a signed statement. Man, you have no idea how ridiculous some of the things you say are sounding. I don't want to put you down, so I better also say, that your comments are appreciated, by all. (Sometimes) But you really should probably just take up reading this blog, and not posting anything on it, no matter if you have to tie your hands down or not. A police officer, and I repeat A POLICE OFFICER, would never sign an affidavit, first of all. How ridiculous can you get? And secondly, if you are so educated in the situation involving Officer Strohm's signed statement, why don't you go ahead and enlighten us on what it said. Explain to us all that you know, because I will guarantee it is nothing. It is amazing how you critique everything that Ann Marie has written in all of her hardwork. You really do have a comment for everything. And do you by chance know where Officer Strohm, or as you would say, "Former Officer Strohm" (Oh wait, thats right you appologized for calling him a former employee" Because again, you commented without having your facts straight AGAIN! But 4_2LevelHeaded do you know where "Former" Officer Strohm, is now working? Since he is no longer employed in the Village of Darien, or ACTUALLY is but you say hes not. I would love to talk with him about this situation. Let me know when you have an answer, it would be greatly appreciated. And folks, if you believe that this particular officer is no longer employed there, then watch out because like I said I saw him the other day GREAT GUY! by the way, and if that wasn't him, your guys taxpayer dollars are going to cardboard cut outs of "Former" officers driving around in real 2,500 ibs vehicles. Stay off the sidewalks and out of your houses folks, Darien has cardboard cut outs driving their squads. Man please just for once, get your faces straight. Please, I am sure I am speaking for everyone when I say this, and like I said, I dont want to be the bearer of bad news, or the person who criticizes you, because I think it is great the attention you have given this complete story, but next time you write something, all we need is facts. Thank you! And like I said before, Officer Konopski, and Chief DeVoy are police veterans, and deserve nothing less than to come back to his department, or own this village. An investigation on email's turned into a $100,000 or more invesitgation, that required a "write up" by a superior. Craig and Steve, you are in our thoughts and prayers, and may you win, in the end.

2levelheaded I think you should be removed.
You haven't a logical thought in your brain. You spout alot, but you are irrelevant.

You're worried about police officers sending e-mails, but you THEN said, "I am not saying the village should be looking into other government employees either."

So you are very selective about who is allowed to send e-mails.

What do e-mails have to do with the 25 year career of a good Police Chief and a part-time guy who was a good officer?

I think they should remove this page too.

oplease I think you should start reading the quotes before you make your comments. I never said other government employees should get a slap on the hand. I had stated I would feel the same way if this were about other government employees using Government computers inappropriately. I didn't find the emails to be "inside humor". Plus it wasn't as if it were on their personal computers. It was on government computers and government time. I also don't feel police officers should be sending around racist and nude pictures. It doesn't make them seem very impartial. I am not saying the village should be looking into other government employees either. This whole thing started with the cameras. The emails isn't the only issue at hand either is it? I thought there were other charges that were brought as well?

4_2LevelHeaded
I do not know where you get your info from..but the attorney fees/IT specialist/witch hunt fees are about $100K..Plus the additional fees that will be incurred by the village employees suing the village!
This witch hunt started in 2008..so there were costs then!
***
By the way ..grow up..you THINK you know me.. but you do not!

Chief DeVoy,
You have the support of most of the citizens of Darien. The blogging people are not representative of the general consensus. I hope you continue to fight, your long and illustrious career is exhibit A.
Emails? Give me a break. Let those who have not sent e-mail jokes cast the first mouse.

Are you reading this - both you levelheadeds? Its people like you that will also get this village sued because of the wrongful dismissal also dealt to Konopski.

Craig, you are a good cop and Darien wants you back. Do what you have to do, man. More power to you.

Is there a point to all that quoting Wakeup?

And sorry but you are very negative on cops 4_2 as well as a know-it-all.
Do you know anything about Maltese because maybe you should educate yourself in that department.

WisconsinMom
Apr 26, 2009 at 10:57 a.m.
Suggest removal

Yes and M & M got re-imbursed $100 each for mileage!

_______________________________________
At the current 2009 rate of $.505/mile I would like to know how someone came up with $100each for a round trip to Madison.

Mr. Devoy,

If you are not going to request your hearing, can you let the village know. Your time is running out.

I apologize if I misspoke and Officer Strohm is still employed here. I was told that he had quit, and gained employment elsewhere. However if you see him ask him about his signed statement.

WisconsinMom
Apr 26, 2009 at 6:26 p.m.
Suggest removal

So does the $100K spent in attorney fees for this witch hunt make sense? We are in a village that is BROKE and we can pay $100K in attorney fees?
***
The gravy train needs to stop!
***
If the village felt DeVoy wasn't doing his job, then follow the "Employee Manual" and write him up!

simple math=
As of March 31, the village has paid Danz $22,760 and Hazelbaker $15,750 for costs relating to the investigation that started in December, utility clerk Dean Abel said.
-- Wifoto, information systems investigators—$7,650.
Total = $46,160.00

from WiSpedTeacher-

Posted on April 26 at 10:50 a.m. ( Suggest removal )

I am really upset that my NAME is being dragged into this.. I have not blogged in a LONG time...what makes you think I am WisconsinMom??
You are dead wrong! Get a life and stop bashing me...if you aren't man or woman enough to confront me personally!

from one943-

Posted on April 26 at 7:35 a.m. ( Suggest removal )
So WisconsinMom is Ruth Ann?

Posted on April 26 at 9:16 a.m. ( Suggest removal )
Then why "If you have any questions or comments please e mail me...
Ruth Ann McCue"?

oplease I don't have any problems with the police. I have problems with any government employees who do not do their jobs and do not follow computer policies. I am sure there are other government employees who do the same thing who work for other agencies. It just so happens in this case they are police officers. I would feel the same way if it were postal employees or another government employee. The only thing I do have a problem with is the content of the emails that the police officers were sending around. It doesn't seem appropriate for police officers to be sending this type of material over government computers.

So does the $100K spent in attorney fees for this witch hunt make sense? We are in a village that is BROKE and we can pay $100K in attorney fees?
***
The gravy train needs to stop!
***
If the village felt DeVoy wasn't doing his job, then follow the "Employee Manual" and write him up!

Just exactly what kind of police work is there to do twenty four hours a day, in a town the size of Darien, for crying out loud. I am sure there is office work as well as patroling to do so the fact that they will be at a desk isn't unusual. I am also sure that checking e-mail is also a normal enough activity during a routine shift. If you are going to bit#h and moan; think about your position first. Thank you.

Yes and M & M got re-imbursed $100 each for mileage!

I may be wrong but I don't think that anyone who has shared their opinions hates the police. I personally don't have any problems with the police and have a lot of respect for them and the work that they do, especially protecting others and putting their lives on the line. They have a very tough job and the pay they receive is not high enough for the work they have to do.

Yah? Well Bob Metzner is JUST an ordinary citizen (among other things) but I hear that doesn't keep him away from Maltese who carpooled with him yet again to drop off a police car to Madison. You don't think Bobby is submitting his mileage for reimbursement from the village like he used to do you?

So, whomever said former Office Strohm. Does Strohm still work in the Village of Darien, or is that a cardboard cut out of him driving around in the squad cars?

Just a quick question going back to a few days ago, someone stated that former Officer Strohm, signed an affidavit. First of all, I believe I saw Officer Strohm about a week ago, driving around in a Village of Darien Police Car, the Black and White Dodge Charger, that the Village Police Department owns. Strohm's legend lives on in Darien. Hey, what is really messed up is, the Village Board, has attempted to get rid of their Chief, a man with 25 years of Law Enforcement under his belt. They've now decided to get rid of Officer Craig Konopski, who is really a great police officer. I remember, listening to Officer Konopski on the scanner one night, I believe sometime at the end of last summer or early fall, get into a High Speed Chase. Officer Konopski, not only acted as professional as they get, but also put his career at another department, oh and not to mention his life on the line, at his part time job, for something, he really didn't have to. It's amazing that the village decides to get rid of dedicated and hardworking cops like these. But, let me tell you, now the new young guys can move in, and Maltese can have his stripes turned into stars, but that P.D. will never be the same. A great place, turned into, a disaster. You know, some people on here, really hate the police, while other's are backing them. Personally, and as we all are entitled to our own opinion, but personally, what is wrong with the Village having the Black and White Dodge Charger? I think whomever designed it, which I believe was Darien Police Chief Steve Devoy, did a good job. Folks remember this, there may be an acting chief in the Village of Darien right now, but Steve Devoy is still your Police Chief, until told otherwise, whether the village people had their meeting to remove hi mof this position or now, they still haven't completed that. It's funny how come people can hate the police, until they need them, and then they expect to have them at their side in 10 seconds.

Yikes 4_2LevelHeaded, where are you getting your info? You should get a better source because you're looking like an idiot, Putman got voted out and isn't on committees!

Aren't you the one who tells people to check facts? Practice what you preach!

PP is NOT on any committees any longer! He was a TRUSTEE and is NO LONGER!
He needs to accept the fact that the residents of this town got tired of his "nothing to report" meetings..which he was getting paid for!
***
Suck it up and realize you LOST! I am sure PP would get charged with loitering if we had a real chief in office, or an administrator that knew how to do his job!

shhhhh......Please use your inside voices. Thank-you.

Tell what committee you think he is on - because he is on NONE.

In case you didn't hear - HE GOT VOTED OUT!

DID I SAY THAT LOUD ENOUGH?

the committees are made of trustees & citizens alike.

he is on committee's until voted off. if you have proof of him abusing power, then by all means do what is necessary. if he is loitering and breaking a law, then do what is necessary.

PP is not on any committees..his term as trustee is up! He is JUST a citizen..and yes he has a right to go in and pay his water bill.he does NOT have the right to loiter in or in front of the building!
****
No comment about the senior center level head?

4_2LevelHeaded you are not looking very levelheaded. You're kind of a ranting raving guy.
Plus you seem pretty hateful.

4_2Levelheaded have you never heard of electronic etiquette? You can shout as loud as you want but you are still spouting misinformation.
Why would the new administration appoint Putman to any committee? The people voted him out.
He's not on any committee.

bigmama101. I had a permit for a new window and a permit for a new roof shingle job. I asked about a permit for a deck and I understood if it's attached to the house, a permit is needed. It's really easy to check those things out. Some things need permits, some things don't. Some things fall in that last category, like simple repairs that do not change the structure of the building.

PEOPLE WHO ARE DOING REPAIRS, NOT REPLACING A WHOLE ROOF DO NOT NEED A PERMIT. CRAIG MCCUE MADE IT QUITE CLEAR TO A RESIDENT THAT HE TURNED THEM IN, EVEN WHEN THEY DID NOT NEED A PERMIT. CRAIG SAID HIMSELF ALOUD IN A RESTAURANT FULL OF PEOPLE THAT HE GOT BUSTED SO HE WAS GOING TO MAKE SURE THAT ANYONE DOING WORK ON THEIR HOME WOULD BE BUSTED. PHIL PUTMAN MAY NOT BE ON THE BOARD ANYMORE, HOWEVER HE IS STILL ON THE COMMITTEES AND HAS JUST AS MUCH RIGHT AS ANY OTHER CITIZEN TO BE IN VILLAGE HALL. I CALLED AND MADE A COMPLAINT ALONG WITH SEVERAL OTHER PEOPLE THAT THERE WERE SIGNS ON VILLAGE PROPERTY THIS IS THE LAW! THE WISCONSIN GOVERNMENT ACCOUNTABILITY BOARD EXPLAINED WHY NAMES WERE LEFT OFF OF REGISTRATION LISTS STATEWIDE NOT JUST IN DARIEN, AS FOR THE MACHINE FAILURE IT HAS HAPPENED BEFORE AND IT WILL HAPPEN AGAIN. THERE WAS A RECOUNT AND THE BALLOTS WERE IN CHECK. CHECK YOU FACTS BEFORE YOU MAKE ASSUMPTIONS.

There are some things that a friend of mine asked me to clear up on the attacks against her and her husband...
First of all..the quote from 4_2levelheaded...
"While McCue was busted for lack of permit for his projects he went around town and called on people doing repairs that did not need permits." Do you know if McCue had a building permit? YES HE DOES! The building inspector was questioning his roof guys on their qualifications, yet others in the town are having roofs put on with no permit! Everyone should have a permit..that brings in revenue for the village!
****
PP called out at the village board meeting the $65 charge from the building inspector..."Was this for political campaign signs inappropriately placed?" Well funny you should try to blame McCue when it was you PP that called the inspector in the first place! Way to waste taxpayer dollars!
****
While on the subject of wasting tax dollars..do the residents of this town realize that PP has been using our senior center for a weekly afternoon "coffee clutch"?? Hmmm..has he been paying the rental fee?? Who supplies the heat, electric, and coffee?? Why should he be given special privileges? What if I wanted to hold a meeting?? I would be charged for sure! PP should have been a man of integrity and turned his keys for the senior center over to the village administrator..
or are we the village residents going to have to pay for yet another change of locks??
While on the subject..PP is now just a mere citizen and should not be afforded ANY special privileges, including hanging out at the village hall!
****
In re: to the election.. We are paying CM as a "consultant" for MD.. She has overseen elections for the past 15 years and there have NEVER been any problems until these past 2 elections (primary and general)..That sounds strange to me.. either MD is truly incompetent or someone didn't like the possibility of who would get elected...and yes the voting machines went DOWN on the day of the primary and again during the re-count! and on the day of the election people were deliberately left off the roster and had to re-register! Both situations could have deterred voters that had to get to work! When an election is this close EVERY VOTE COUNTS!
***
This village has taken it's eyes off the cash register, and now needs to straighten things out!

If you have any questions or comments please e mail me...

Ruth Ann McCue

I've heard Don is kinda busy right now.

Is it time to bring Don White back?

I hope all of the issues in Darien get resolved soon.

I don't care what you people are talking about all's I care about is I know our police chief is a good guy and I don't need to pay a gazillin dollars to the village lawyer to be against him.

Enough already.

But you don't have a problem with people not doing their jobs, do you 2Levelheaded?

I want to know why the village employees suing the village were in the police department in the first place.
Clearly not doing their jobs....

I also happen to know thru the grapevine that those village employees were coerced to join in the lawsuit when some were reluctant to do so.

Village atty Danz might be better able to address that question.

But residents should be advised that something is wrong in River City....

oplease what is this "what's yet to come" and "heads are going to roll" crap you keep mentioning. I think a lot of heads are going to be shaking in disgust when Devoy gets to have his hearing when he tries to explain all of the emails that were found on his computer.

oplease - what is a secret meeting? Isn't Dennison's office in a public building? Don't many people including board members see him in his office? So what do you think they were doing? Maybe they were meeting about you if in fact they were "meeting". Did you consider that? What are your thoughts?

McCue could not see ANY wrongdoing in the entire mess. He was quite alright with Devoy wasting his time & money.

4_2Levelheaded why are you blaming the Devoy situation and money spent on McCue? He's one of the only two who voted against all this.
Now you suddenly don't "like" McCue?
I'm sure he's heartbroken.

If you are going to go through life believing that everything around you is a conspiracy, then you are a truly sad person. Sometimes things really are what they seem to be.

It is also my understanding that the Janesville Gazette has a copy of the officer's statement. Ann Marie can you elaborate on this or will this be in a future story?

Why don't you put in a request for a copy of former Officer Strohm's signed statement. Just because a meeting is private does not make it "secret". Devoy is still receiving a paycheck as a hearing has not happened yet. Gee whiz has he even requested one? Until this whole series of events began to unfold surrounding Steve Devoy I actually liked and backed McCue. But when YEARS of my tax dollars are wasted this makes me and many other residents furious, go door to door and ask people how they really feel.

be very careful on what you assume. I think after reading others comments that I know who "responsible" is; and that young man had his head on straight. I've been in this community long enough to know that too many people are full of you know what. I know that some fine people have been making some disgusting assumptions and making people in this village quite upset. While McCue was busted for lack of permit for his projects he went around town and called on people doing repairs that did not need permits. Another person trying to find out who had more than 2 dogs because she got busted. my grandchildren have better common sense than many of you. I am ashamed to know that you are called adults.

sorry, do you think he is also the 2 guy?

You know, oplease, I was thinking that too. Thank you for confirming.

So do you think he is also the 4_2 guy? Because that would take as little imagination or stretch as he seems capable of.

If my neighbor was Hitler I sure wouldnt become a Nazi. But I guess he is more gullible.

Are 2 and 4_2 siamese twins?

oplease what truth are you referring to?

4_2LevelHeaded-since you are so smart, who was the officer?

did anyone know that the "officer" that supposedly saw Metzner & Maltese in Devoy's office going through files...signed an affidavit that he neither said nor saw anything of the sort...meaning that Devoy's "investigation" was based on a LIE. If the cameras had not been installed we would not be in the predicament that we are in. The $$$ spent on attorneys is nothing compared to the $$$ wasted by our own employees in non-productive behavior.

Just following Me2's line of reasoning.

http://www.mywalworthcounty.com/main.asp...

Kudos to one943's comment!!!

Me2
If you break the law does that make you a Criminal?

Does an email joke that is racist make you racist? Does an email portaining nudity make you a member of a nudity camp. If I sent you a joke about a lesbian, does that make you a lesbian? I think if Darien is going to investigate all the police computers then ALL the village computers should be investigated, and the penalties all the same. For anyone to think that the police officers are the only ones to pass jokes, the jokes on you!

Wow Me2. Very powerful and impossible to disagree with. Kudos, dude.

Sorry for the duplication

For all those who think the police officers ripped off the taxpayers: if they work 8+ hours per day or 260 days per year and are allowed (2) fifteen minute breaks and ½ hour lunch (by law)- if they used their time due to them they would be able to utilize 260 hours of break time. How long does it take to send a personal e-mail that we are all guilty of? Police officers or not, they are still human beings and put their pants on the same as we do.

"Yes Me the Lousy Cop"

Well Mr. Citizen, I guess you have me figured out. I seem to fit neatly into the category you place me in. I'm stereotyped, characterized, standardized, classified, grouped, and always typical. I'm the "lousy cop." Unfortunately, the reverse isn't true. I can never figure you out.
From birth you teach your children that I am the bogeyman, and then you're shocked when they identify me with my traditional enemy, the criminal. You accuse me of coddling juveniles, until I catch your kid doing something. You may take an hour for lunch, and have several coffee breaks each day, but point me out as a loafer if you see me having just one cup.
You pride yourself on your polished manners, but think nothing of interrupting my meals at noon with your troubles. You raise hell about the guy who cuts you off in traffic, but let me catch you doing the same thing and I'm picking on you. You know all the traffic laws, but never got a single ticket you deserved. You shout "foul" if you observe me driving fast enroute to an emergency call, but literally raise hell if I take more than ten seconds responding to your call!!!
You call it "part of the job" if someone strikes me, but it's "police brutality" if I strike back. You wouldn't think of telling your dentist how to pull a badly decayed tooth, or your doctor how to take out your appendix, but you are always willing to give me a few pointers on law enforcement. You talk to me in a manner and use language that would assure a bloody nose from anyone else, but you expect me to stand and take it without batting an eye.
You cry, "Something has to be done about all the crime!" but you can't be bothered with getting involved.
You've got no use for me at all, but, of course, it's OK if I change a tire for your wife, or deliver your baby in the back seat of my patrol car on the way to the hospital, or save your son's life with mouth-to-mouth resuscitation, or work many hours over-time to find your lost daughter.
So Mr. Citizen, you stand there on your soapbox and rant and rave about the way I do my job, calling me every name in the book, but never stop a minute to think that your property, your family, or maybe your life might depend on one thing, ME, or one if my buddies.
"YES ME THE LOUSY COP"
By
Author Unknown

For all those who think the police officers ripped off the taxpayers: if they work 8+ hours per day or 260 days per year and are allowed (2) fifteen minute breaks and ½ hour lunch (by law)- if they used their time due to them they would be able to utilize 260 hours of break time. How long does it take to send a personal e-mail that we are all guilty of? Police officers or not, they are still human beings and put their pants on the same as we do.
"Yes Me the Lousy Cop"

Well Mr. Citizen, I guess you have me figured out. I seem to fit neatly into the category you place me in. I'm stereotyped, characterized, standardized, classified, grouped, and always typical. I'm the "lousy cop." Unfortunately, the reverse isn't true. I can never figure you out.
From birth you teach your children that I am the bogeyman, and then you're shocked when they identify me with my traditional enemy, the criminal. You accuse me of coddling juveniles, until I catch your kid doing something. You may take an hour for lunch, and have several coffee breaks each day, but point me out as a loafer if you see me having just one cup.
You pride yourself on your polished manners, but think nothing of interrupting my meals at noon with your troubles. You raise hell about the guy who cuts you off in traffic, but let me catch you doing the same thing and I'm picking on you. You know all the traffic laws, but never got a single ticket you deserved. You shout "foul" if you observe me driving fast enroute to an emergency call, but literally raise hell if I take more than ten seconds responding to your call!!!
You call it "part of the job" if someone strikes me, but it's "police brutality" if I strike back. You wouldn't think of telling your dentist how to pull a badly decayed tooth, or your doctor how to take out your appendix, but you are always willing to give me a few pointers on law enforcement. You talk to me in a manner and use language that would assure a bloody nose from anyone else, but you expect me to stand and take it without batting an eye.
You cry, "Something has to be done about all the crime!" but you can't be bothered with getting involved.
You've got no use for me at all, but, of course, it's OK if I change a tire for your wife, or deliver your baby in the back seat of my patrol car on the way to the hospital, or save your son's life with mouth-to-mouth resuscitation, or work many hours over-time to find your lost daughter.
So Mr. Citizen, you stand there on your soapbox and rant and rave about the way I do my job, calling me every name in the book, but never stop a minute to think that your property, your family, or maybe your life might depend on one thing, ME, or one if my buddies.
"YES ME THE LOUSY COP"
By
Author Unknown

2Levelheaded do you think over $40,000 in legal costs to the village is justified? and counting.... Seems like overkill and this is not even a done deal. Do you live in the village because I do and I am not very happy about footing these bills.
What about whats coming down the pike? you mentioned "and whoever else was not doing the work they were supposed to do". Does that include all those employees who are going to sue us over the camera issue? Because I don't think they work in the police department.
There's too much lining of lawyer pockets here in my opinion. This has got to stop now.

All the taxpayer money that is being spent on attorney fees and computer experts is because of the chief and whoever else was not doing the work they were supposed to do. Taxpayer money was paying their salaries while they were doing personal things with a government computer on government time. Not to mention the fact that the personal things were crude and inappropriate for someone like a police officer to have especially at work. I guess all of you people who think that nothing wrong was done would be fine with a police force sitting at their computers sending nasty emails to each other and not doing any police work while we pay their salaries.

"Walworth County Sheriff David Graves last week made a request to the village under the Wisconsin Open Records Law for e-mails "related to" Konopski, who is a Walworth County deputy." How would Graves know anything about Konopski being fired one week in advance?

Why is all this being allowed to continue? It seems like Danz is running this village - into the ground. All these thousnads of dollars because of e-mails? This is unacceptable to me.

And one day perhaps, pigs will fly.

Facts are plain to see, why don't they do something?

Well Me2, you might want to also think about the cheif being booted out on Dec. 1. Why would he try to delete emails before he knew he'd be suspended? Doesn't make sense does it? Thinking with a BRAIN is my business.

But the Williams guy out of MADISON and the high price lawyer work together! (ANYBODY think about THAT?) NO.

Cha ching! Anybody smell anything?

How to decide whether it's time to let an employee go.

1. Investigate. If you are considering firing a worker for misconduct, your first step is to investigate the incident and figure out what happened. There is always the possibility, no matter how slim, that things are not as they appear to be.

2. Check the files. Never proceed without reading the worker's personnel file.

3. Review your written policies. Read through your employee handbook, personnel manual, and/or any other written policies that have been in effect during the worker's tenure. Do they give the worker sufficient notice that his or her conduct could result in getting fired?

4. Consider what the worker has been told. What you say to a employee can be just as important as your written communications and policies. Have you - or anyone in authority - said anything that contradicts your written policies and the documents in the personnel file?

5. Compare how you've treated others. If you have always treated your employees by the same rules, you don't have to worry. UNLESS you live in DARIEN!

Has ANYBODY talked to the other police other than Maltese? NO! WHY NOT!?!??

Maltese alleges there is departmental lack of morale. These cops have lots to say contradicting him about morale, people...

And your chief got fired for NO reason. What a travesty.

Ann Marie: thanks for your input but…based on my research “personal” emails such as “honey, can you pick up some milk on your way home from work tonight” does not fall under the definition of a “public record” thus not subject to the open records law. (Email is often a public record. Wisconsin’s public records law does not consider the format for a record, but rather its substantive content. “Record means any material…regardless of physical form or characteristics, which has been created or is being kept by an authority.” Wis. Stats. § 19.35(2). Thus, a state employee’s email messages are public records, except for those emails that fall within an exception to the definition of public record.) If personal emails were generated and not saved, that would not be a violation. According to William’s report, “someone” tried to delete the emails – obviously he can’t prove it was DeVoy. Well, were they or were they not successfully deleted. Furthermore, why would anyone back up their computer to its own hard-drive? Logically it would have been backed up to some other media.

oplease-

If I can help a little ... E-mails are considered open records, and Wisconsin law requires municipal record keepers to protect them.

But, I don't think anyone's accusing the chief of deleting e-mails from his inbox. According to IT expert Dean Williams, someone acually tried to remove infomation and back-up information from DeVoy's computer.

Does that make more sense?

Reporter Ann Marie Ames

Familyguy: I suppose the new Board could vote to rescind decisions of the old Board...or to reverse them.

Once lawsuits are filed and the Village's insurance company has to start footing the bill, maybe if they cancel the insurance coverage that would send a strong enough message? Who knows?

Now two police have been fired. It seems like a grudge firing. What authority can undo it? Inever heard of something like this happening. Where does it end.

I read the statute on terms of office for Village Board members. Their term of office begins on the third Tuesday of the month following the election.

Before reading the statute (which I should have done FIRST), I was merely wondering about whether the new members should have been sworn in at the beginning of the meeting. Since the meeting was prior to the third Tuesday, their term of office had not yet begun.

This is ONLY in regard to which set of Board members should have been making the decisions at the Monday night meeting...I still believe that terminating without following the process spelled out in the statutes was UNLAWFUL and essentially constitutes an unlawful seizure under the Fourth Amendment.

How did you jump from unlawful to lawful?

OK, I answered my own question. The new members' term of office began at 12:01 AM today.

The outgoing Board members appear to have acted lawfully. Now, to the philosophical question: Should the old Board have deferred this decision until the new Board took office? On the one hand, it could be argued that the new Board would have to "suffer the consequences," and should have been the ones to decide. On the other hand, the old Board started this situation, so why then just throw it in the new Board's lap?

hmmm............

Where to begin?

First, I'm really curious about the new Board members being sworn in AFTER the meeting. Maybe that's how Darien ordinance works, but it seems to me that they should have been sworn in at the beginning of the meeting, and should have been the ones making decisions.

As to Konopski...WOW! That guy is in some hot water with the WCSO, apparently. Now, as to the Darien Board terminating him, I think he may have a strong case against the Village. The state statutes relating to police employment do not treat part-time or non-union officers markedly different from full-time or union members. The statute pertaining to disciplinary action pertains to all officers, as I read and understand the case law. By terminating without a hearing, they appear have acted unlawfully.

According to the statutes, the Board may NOT discipline an officer (or chief) without providing "due proces" and establishing "just cause."

Further, was there ANY discussion leading to this Board action? If so, when did it occur and was it publicly noticed?

Get ready for more attorney bills, people of Darien!

I can't believe this much money was spent on this rediculous reason! I had no idea.

And the sewer system still needs fixing; where will they get the money for that?

WOW! Darien must have a major budget to run through. They can afford to spend 46K and change-just in the costs detailed here, and for what? To find out someone sent a joke through their e-mail???

Hope the voters in Darien figure that one out.