A fresh start for Darien

By ANN MARIE AMES ( Contact )   Monday, April 27, 2009
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Darien issues


Here's a short list of issues facing the village of Darien:

-- The village doesn't have a police chief, officially.

On Dec. 1, an employee found a surveillance camera in a potted plant in the department lobby.

The next day, the board unanimously voted to suspend DeVoy while the village investigated the legality of the cameras.

He was suspended with pay until March 7, when the board voted 5-2 to fire him. He awaits a disciplinary hearing that would make the firing official.

He still is being paid.

-- As of March 31, the village had spent $38,500 in legal fees investigating the chief.

The camera investigation turned up evidence that DeVoy had spent a large amount of work time violating the village's computer policy.

Investigators have amassed thousands of documents. Some are e-mailed images of naked men and women and racist or otherwise vulgar "jokes."

Other documents suggest DeVoy spent work time creating logos for local businesses, writing letters and documenting the activities of his colleagues and board members.

E-mails between DeVoy and the department secretary suggest the two were involved sexually.

-- Half the board is facing charges of open meetings violations.

The charges, filed after DeVoy made a complaint with the sheriff's office, allege the board held meetings that were not properly noticed.

The charges are not criminal, but each board member faces three counts, each carrying a forfeiture of $25 to $300.

-- In May, the board will get bid estimates for repairs to the village's aging sewer system.

So much groundwater is leaking into some sewer mains and laterals that the village is pumping about three times more water for treatment than residents are using from village wells, public works Director Greg Epping said.

— It's the season of new village boards and city councils.

If members haven't already taken oaths of office, they will soon.

Then they get assigned to study things such as municipal ordinances and budget documents.

Not the most exciting stuff in the world.

Unless they've been elected to serve on the Darien Village Board.

Those folks get to look at thousands of pages of obscene and vulgar e-mail "jokes."

They could read e-mailed conversations suggesting Police Chief Steve DeVoy had an affair with an employee.

Board members will get to answer questions about why the village has spent thousands of dollars on attorney fees and how it's going to find hundreds of thousands—maybe millions—of dollars more to fix an aging sanitary sewer system.

The village has had no shortage of issues—enough to keep a small army of attorneys, judges and newspaper reporters busy.

Some might call them crazy, but a few village residents chose to get involved.

Last week, Evelyn Etten, Cheryl Kaufenberg and Debi Olmstead were sworn in as village board members. Etten is the new village president, replacing Bob Metzner.

It's the fist time the three women have served in public office.

Board member Craig McCue also took the oath. He was elected to his second term on the board.

The four came out on top among eight vying for seats on the board. They will join veteran board members Kurt Zipp, Jim Abbott and Bob Wenzel. Board members Phil Putman and Allen Kenyon lost their seats.

The Janesville Gazette talked to some village officials, old and new, about the issues facing Darien.

Q: How does a new board member get up to speed with everything going on?

Village Administrator Marc Dennison: I started giving them information a day or two after the election. The best thing you can do as an administrator is get them as much information as possible but not overload them and give them a breakdown. Give them bits and pieces. Bring them up to speed on a gradual curve.

Q: Some have said the new board could be more divided than the old. What do you think?

Evelyn Etten: (via e-mail) We, the board, are faced with many challenging issues and concerns, but I firmly believe the residents will see some positive change over time. I would hope that the new board could be one of "unity"—united in the common goals and for the betterment of our community.

Based on the actions and reactions of a few members, I have yet to experience full "unity." Time will tell.

Jim Abbott: I'm hoping everybody can get together and work for the good of the community

Cheryl Kaufenberg: Every person is entitled to his or her own opinion. But in the end, everybody has to be working toward the good of the village.

Q: How will you resolve the issues facing the chief's status in the village?

Etten: (via e-mail) I would personally like to view the documents (e-mails, letters) that have been circulated door-to-door throughout the community. My personal position on this matter has and always will be "let the punishment fit the behavior."

Did this behavior warrant termination?

Debi Olmstead: The matter of the previous chief is not settled yet. From what I've heard (from residents), they want him back. They don't care about e-mails.

The matter of how he was fired was wrong. It started out initially about whether surveillance cameras were legally installed. Then it was about employees feeling violated and preparing to sue the village. From there, it became solely about e-mails.

Kaufenberg: I have no idea the extent of the depth this is going to go. But I don't think it's going to be all rosy right after the thing with the chief is settled. I don't know where it could go with other employees.

Police Chief Steve DeVoy: I'm very much interested in coming back and continuing my employment. I haven't talked to any board members about it. I've had a lot of community support, people wishing I would be re-instated.

I've gotten to know a lot of people in the community, and most have commented that it's ridiculous that the village is spending this amount of money on e-mails.

Bob Wenzel: The ball's kind of in his (DeVoy's) court. That's about all I can tell you.

Q: Anything else you'd like to say about the village?

Dennison: (Who moved to the village and started work Dec. 1, the day hidden cameras were found at the police department.) Darien is a very nice place to live. Sure, we have our share of disagreements, but what community doesn't? We've gotten an unfair sort of shake on the whole deal.

Villagers are not taking potshots at each other or looking to run each other off the road. Generally we're working for the betterment of the community.

(McCue refused to talk to the Gazette. The Gazette was unable to reach Zipp before deadline, although Zipp returned calls to the Gazette.)

reader COMMENTS
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(183)
rr1box14
May 19, 2009 at 8:36 p.m.
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mustang
Sounds like rr1box14 need to get a life and quit worry about others home life and check out when he is gone.
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When i leave home or from the Diner ?

mustang
May 19, 2009 at 4:46 p.m.
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Sounds like rr1box14 need to get a life and quit worry about others home life and check out when he is gone.

one943
May 17, 2009 at 9:28 p.m.
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See May 17, 2009 at 8:15 a.m.

yiotta
May 17, 2009 at 9:21 p.m.
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So you admit your comment of may 16 at 7:52 was a lie.

one943
May 17, 2009 at 8:25 p.m.
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yiotta
If you can read it says she filed seven complaints that were unfounded not the ones that they are in court for now. If you are going to play the game you have to be ready to pay the price

rr1box14
May 17, 2009 at 8:15 p.m.
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bigmama101 now now now get over it .tsk tsk

LMAO

yiotta
May 17, 2009 at 8:10 p.m.
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That is a LIE one943. I know who turned in the former board members and it was NOT her. Get the facts before slandering somebody gets you in hot water your own self.

one943
May 17, 2009 at 8:15 a.m.
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questioner
I was wrong it was in the newspaper. If you can find the March 12th issue I believe it also quotes her as saying she is not going to stop. Meanwhile check this out. No matter what she is going to get a fine.

http://mywalworthcounty.com/main.asp?Sec...

questioner
May 16, 2009 at 8:59 p.m.
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one943 you posted "DebiO said......"
I have not seen that. Please share your proof. I find that hard to believe.

rr1box14
May 16, 2009 at 3:12 p.m.
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A message to Mary White i'm all out of TIN FOIL

one943
May 16, 2009 at 7:52 a.m.
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rr1box14

Is this not the truth?

Besides DebiO said in posts before the election that she had filed open meetings violations complaints against the then board members and would continue to do so. She did seem to take some delight in it. So the goose & gander?

rr1box14
May 16, 2009 at 12:55 a.m.
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one943
May 13, 2009 at 12:08 p.m.
Suggest removal http://wcca.wicourts.gov/caseDetails.do;......
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one943 seems like you have an ax to grind eh

rr1box14
May 14, 2009 at 5:44 p.m.
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This is why people in Darien will never get along to much backstabbing. can't we all just get along? NO

joefarmer
May 14, 2009 at 5:11 p.m.
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Nice to see some people aren't happy unless they are stirring up trouble!

ncboy
May 13, 2009 at 3:31 p.m.
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Now she can be one of the good old boys.

outsider
May 13, 2009 at 11:04 a.m.
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It's nice to see she fits right in.

ncboy
May 12, 2009 at 7:13 p.m.
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Debi O Did I see you in court today? Didn't Steve tell you to put paid for by on the bottom of the flyers.

HateMeIfYouWantTo
May 5, 2009 at 4:18 a.m.
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Gosh SSPOO, its so weird. I have been around Officer Strohm, on many different occasions over the last 19 or 20 years, and in that time, he has been employed at the Village of Darien Police Department, for an unknown amount of years, and I have never, once heard him talk about Chief Steve DeVoy, in a way in which you are describing. Oh, and could you provide us with the name of the other officer, who talked bad about Chief DeVoy? That would be greatly appreciated.

rr1box14
May 3, 2009 at 10:05 p.m.
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I have driven through Darien exactly once in my life (unintentionally).
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copperguy that was a preety good potshot.

one943
May 3, 2009 at 7 p.m.
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So what is Danz being paid per hour?

WiSpedTeacher
May 3, 2009 at 12:43 p.m.
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No I did not say that...however $250 per hour is an average going rate for attorney's in this area..

copperguy
May 3, 2009 at 12:25 p.m.
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rr1: This will be my last post to you. I am not the story here. The story is the goings on in Darien.

To answer your question: I am in no way associated with the Village of Darien. I do not live there. I do not work there. To my knowledge, I know of no one who lives or works there. While I do know where it is, I do not know its geography, history, demographics, etc.. To my knowledge, I have driven through Darien exactly once in my life (unintentionally).

My participation in Darien-related forums is simply to help folks understand the law and the process and - occasionally - to help people maintain a level of objectivity.

one943
May 3, 2009 at 12:24 p.m.
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WiSpedTeacher
Are you saying Danz is getting $250 per hour?

WiSpedTeacher
May 3, 2009 at 11:16 a.m.
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1more..
There is nothing wrong with me..(thanks for your concern) I will give the admin. the respect he deserves when he can demonstrate he knows how to do his job! Right now he is violating state statute and doesn't even know it! He is ill-prepared and has to use our legal counsel as his personal researcher... So while we pay $250 and hour to have our legal counsel do research on the WLOM website, and fax 15 pages of material that could be found on the website, he sits around and tries to look busy...

rr1box14
May 3, 2009 at 10:50 a.m.
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copperguy are you the little fella ?

Me2
May 3, 2009 at 9:45 a.m.
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1moreview: Regarding your May 1 entry accusing DeVoy of lying to the WCSO about Metzner and Maltese being in his office. I did some investigating (as the village should have) and found that the detective misreported what DeVoy had told him. I went to the source and spoke with G Strohm about it. He's an honest guy and told me that he expressed to DeVoy that Metzner and Maltese were coming out of the office that contained the records that were being "tapered" with. The WCSO misreported and said they were coming out of the "chief's office."

I think this is a perfect example how some things appear to be different then they really are, and sometimes COPS make mistakes.

2LevelHeaded
May 3, 2009 at 2:02 a.m.
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Bigmama: What you go around with a recorder in your pocket trying to get people to say things? Why is it that you do that?

BadgerFanMom
May 2, 2009 at 11:29 p.m.
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Everything I have stated I have proof of..
How can you say the new VP has not made a good impression? She has been in office less than a month..She scheduled a special meeting on a Thursday when all the other special meetings have been held..
She is a single mom and works outside the village....
Besides all members managed to make it didn't they? I am sure Metzner didn't schedule around everyone..

justme2
May 2, 2009 at 9:32 p.m.
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2levelHeaded- you are so right!!

2LevelHeaded
May 2, 2009 at 8:47 p.m.
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BadgerFanMom: No one is a threat to me. The new VP has not made a very good start. From her comments of I hope the board can "unite" (meaning vote her way) and to scheduling meetings when she knows people can't attend. My problem is with people like you who are making accusations about people that are NOT TRUE and you have no knowledge or proof of just because they don't share the same opinion as you do.
BigMama and Teacher: I think no one really takes either of you seriously because of your untrue statements.

copperguy
May 2, 2009 at 8:07 p.m.
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Actually, I said 3.5 years. That's 10 minutes per shift.

questioner
May 2, 2009 at 7:52 p.m.
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rr1 he said 3 years time. Is there a full moon tonight?

onthefence
May 2, 2009 at 7:43 p.m.
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I can’t believe that a professional would involve himself in local politics. A public disclosure of his letter will have to affect his professional stature in all of Walworth County. I wonder if he has given any thought of how the public will review his lack of professionalism after DeVoy’s hearing?

rr1box14
May 2, 2009 at 7:41 p.m.
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Copperguy 9000 minutes in the local filling station in a years time is unacceptable, from now on when in the squad car open the door of your money maker bring your pop&snacks with you.

copperguy
May 2, 2009 at 7:24 p.m.
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rr1: Well, it was an example of looking at gross numbers without looking at the big picture. I just figure two stops in a shift at 5 minutes each...to buy a pop or a snack, or use the restroom.

Here's the math: 2 stops X 5 minutes = 10 minutes per shift. 22 Shifts per month = 220 minutes per month. 12 months in a year = 2640 minutes per year. over 3.5 years = more than 9000 minutes. It seems like a big number until you spread it over 3.5 years. Just like the email numbers that have been tossed about.

It's just an illustration.

1moreview
May 2, 2009 at 7:05 p.m.
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WiSpedTeacher – What is wrong with you? You purport to be well educated, a knowledgeable business woman, and yet you don’t have the intelligence or common sense to give our new clerk the courtesy he deserves. Why can’t you accept that when he is sick, he is sick and when he feels he needs to attend a special meeting he attends? You seem to you have an ax to grind with everyone. How to you PLAN to service our community with your preconceived ideas? You should think about that, PLEASE!

BadgerFanMom
May 2, 2009 at 5:36 p.m.
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justme and 2 level
WHAT are you guys afraid of?? Why are Ms. Etten, teacher, McCue's, Debi and Shane such a THREAT to you??
Grow up! Let's give the new president a chance

WiSpedTeacher
May 2, 2009 at 5:08 p.m.
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I do not have blinders on..I am trying to get people to see the truth, and Ms. Etten has not blogged since the election (I think) it's been a while, and I only know of 1 name she has..

justme2
May 2, 2009 at 4:57 p.m.
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Ms. VP, How many different user names do you have?

justme2
May 2, 2009 at 4:44 p.m.
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WiSpedTeacher- you need to take your blinders off! Or do you and then new vp have the same goals??? Whats good for the goose is good for the gander????

WiSpedTeacher
May 2, 2009 at 4:31 p.m.
(This comment was removed by the site staff.)
rr1box14
May 2, 2009 at 1:44 p.m.
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copperguy why did you spend over 9000 minutes in the local filling station ?

2LevelHeaded
May 2, 2009 at 1:40 p.m.
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Teacher:. The village president is not the one who decides what things will pass and what will not. All of the members of the board have a vote including the president, the president's vote doesn't count anymore than any other member of the board. Just because people didn't vote the way you felt was right doesn't mean that they voted with a vengence. They voted for what they thought was right. Stop making false accusations against people when you don't know what you are talking about!!

WiSpedTeacher
May 2, 2009 at 9:46 a.m.
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1 more thing..there is a new village president..the people have spoken.. the board members need to show her respect and support what is best for the village not their own agenda..
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Just like a company that hires a new administrator, or a school has a new principal..that person needs the people to support his or her plan..if they don't it won't work..when that happens it is sometimes better to clean house and start fresh with people that will be loyal and do what's best for the village...
CK, RW, KZ and JA did not vote for what was best for the village the other night..they voted with vengeance..

WiSpedTeacher
May 2, 2009 at 9:41 a.m.
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Does anyone think it odd that our village clerk was out ill Thur, went to the meeting Thur night and then was out ill on Fri..
I smell a rat!
They should dock his "sick" pay!

2LevelHeaded
May 2, 2009 at 12:39 a.m.
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sspoo If you blood pressure goes through the roof when you read this then stop reading it.

2LevelHeaded
May 2, 2009 at 12:34 a.m.
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Professor So any government employee can goof around all they want and misuse government equipment becaue they are on salary? That is the most ridiculous thing I have ever heard. I guess it probably does say in the chiefs and other salaried employees job descriptions: goof around as much as you want. The perks of administration that you are talking about may apply in the private sector but not in the public sector!!

gameboy
May 2, 2009 at 12:04 a.m.
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Looks like they got a whole stockpile of nits Professor!
The correct question wouold be 26 years on the job - minus how many years were there computers? X how many working days / hours + how many breaks and lunchtimes?
I think copperguy has it figured pretty close.

It seems to = pettiness + vendetta > fairness.

Professor
May 1, 2009 at 11:31 p.m.
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If this chief was paid by salary (and not hourly), then he can goof off all he wants--IF that's the way you want to characterize what he was doing. One of the 'perks' of administration is that, as long as you are doing your job, you can come and go as you please. If that means you only put in a 6 hour day, that's fine. The flip side is, if getting the job done requires that you put in 16 hours a day, then that's what you do. So the charge about the chief doing 'non-work-related activities' while on the clock is a red herring. Of course this would not be true if his contract had language requiring a minimum number of actual work hours per day/week. Some of these other 'charges' are simply picking nits.

sspoo
May 1, 2009 at 11:01 p.m.
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Boy 1moreview, aren't you naive. you don't think Greg S has something to gain from all this? They got 2 out of 6 to say something bad, and isn't it funny they have both told me someday they will be Chief in this town. Ironic isn't it? Many nights I had been to Rollette and heard Greg S talk bad about Steve. Again, Just my opinion. So go ahead and stay on your little band wagon, because I am through with this Blog. Have a great life everyone. You people just go ahead and run this once nice little village into the ground and let the drug dealers and gangbangers rule.

WakeUp
May 1, 2009 at 9:31 p.m.
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latinmami2-
I like your comment. I think children are innocent. I bet there were problems but you just were not aware of them. It stinks to grow up and have to deal with adult things. I want to be a kid again!!!

latinmami2
May 1, 2009 at 6:48 p.m.
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When I was little we lived not far from Darien, everyday I woke up, got dressed and rode my bike into to town to hang out with my friends, it was the best place to go, you didn't have to worry about people bothering you or getting into trouble because it was just a peaceful place to be. What I loved the most about the little town is everyone knew each other and everyone got a long. Now all the forums on this sweet little town are filled with bickering over how to run the town. Why is it that everyone can't just stand together, get a long and keep this town the same sweet little place instead of turning it into what everywhere else is like.

1moreview
May 1, 2009 at 6:15 p.m.
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sspoo – I am trueIy sorry for upsetting you. I don’t mean to. I do take exception with you in that I don’t use a fictitious name, I use a blogger name. What is wrong with that? You don’t seem to have a problem with the other blogger’s names. Is it that I don’t always see things the way you do?

I think it is a very good idea you have for everyone to get along. I’m all for it! Thanks!

1moreview
May 1, 2009 at 6:04 p.m.
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You all think DeVoy had nothing to do with this whole, EXPENSIVE MESS? Well let me tell you what I have found out. DeVoy went to the WCSO and told them that he thought Metzner & Maltese were going through confidential files of his (everyone knows that). But what you don’t know is, DeVoy also told a WCSO detective that Greg S. had seen them in his office doing it. WCSO, believed him because they thought he was an honest person. So the two cameras were put into place by some WCS officer. However, DeVoy told A HUGE LIE, HUGE! Greg S. never saw Metzner and/or Maltese in DeVoy’s office. The proof of DeVoy’s lie is in Detective Kilpin’s report. Get a copy and, while you are at it, get a copy of Greg’s signed statement. We put faith in our chief and look at the road he took us down.
WispedTeacher – our legal bills are DIRECTLY caused by the stuff DeVoy pulled. Once the cows (hidden cameras) were out of the barn the rest followed. DeVoy has no one to blame but himself for the position he is in. Darien has no one to blame but the chief for what followed and is still continuing to unfold.

sspoo
May 1, 2009 at 5:44 p.m.
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And as for the "bulling in the face antics" when people tell lies and use fictitiuos names to hide behind it is very upsetting. So now that I know who you are stop telling lies and stay out of my life. If you have a question call and ask me. Because these littles rumors and lies are what this village is run on and it needs to stop. ( why can't everyone get along?)

sspoo
May 1, 2009 at 5:37 p.m.
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And 1moreview,

I accept your apologie, and from now on I will be sure to post on here when my friends are coming to my house to visit. Infact next time why don't you come on in say Hi, then I can tell everybody (who it is no of their bussiness)that you where here too. Cause I am sure you have allot of stories to tell.

1moreview
May 1, 2009 at 5:29 p.m.
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SS, I am sorry for not being correct on the fact that DeVoy was at your house yesterday. Why didn’t you stay around longer at last nights’ meeting, weren't you interested? And no, I did not feel like being confronted by your “bulling”, “in the face” antics at the meeting. Thank you but no thanks

WiSpedTeacher
May 1, 2009 at 5:22 p.m.
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Give me a break! She is bringing in a KNOWLEDGEABLE law firm that represents 12 other villages in the area..for about 1/4 the cost of Danz!
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Why shouldn't the VP be able to do her job and make appointments..especially to appoint someone she knows would look out for her and the board's best interests..
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David Danz knew ALL along that a 3 member committee would put those persons at risk of violating an open meeting law, yet he didn't say anything!
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Wake up Darien!

sspoo
May 1, 2009 at 5:21 p.m.
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2level,

You need to pick up a phone and quit listening to your neighbors. Try calling Steve DeVoy, or are you and the neighbors Judge and the Jury. If this is all they have then I am sorry but evey employee in this village needs to be fired, because I can Guarantee that they have all recieved E-mails at some point. I know of one employee that shopped on E-bay everyday at work. Did they get fired. please. The Attorneys are in it for the money, and RM,MM,CK,PP,BW have their own personal agendas like they have always had. And this is just my opinion, with some facts sprinkled in. Because I really hate this Blog, my blood pressure go's through the roof when I read it.

1moreview
May 1, 2009 at 5:15 p.m.
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Oh I almost forgot - onthefence – I will take your recommendation say to SS, “I am sorry I said your friend, DeVoy, was at your house on 4/30. I must admit I drove by your house and a car that looked just like his was there.” I was not lying, I apparently was one day off. Again I was right, almost!

1moreview
May 1, 2009 at 5:08 p.m.
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At the meeting last night VP did move to appoint CM’s lawyer, you know the Delavan lawyers W,H,S. The motion didn’t pass but I was right.

I notice that SS commented that he had talked to RAM and she is feeling great thanks to me. I wonder if anyone has mentioned her e-mail to DeVoy the morning after a CLOSED SESSION meeting informing DeVoy of what had been discussed. Now she might, in fact, be calling a special board meeting, I would not put it past her to tell her trustee to do that. More to the point, what a trustee says at a Closed Session is not to be discussed with anyone outside that meeting. I want to know why her husband violated the purpose of a closed meeting. He told her and she e-mailed DeVoy the next a.m. on what had been discussed? Of course, some will say I am lying but the proof exists in BLACK & WHITE. All you have to do is ask for a copy of the e-mail.

questioner
May 1, 2009 at 5:01 p.m.
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2levelheaded the sheriff dept put the cameras in, not the chief. And it was not illegal, it was a public area.
Other charges said by Ann Marie included "creating a hostile work environment and failure to provide leadership in the department".
I have talked to officers and they don't know why that was said. They like the guy and want him back.
Starts to sound like a fairytale to me.

BadgerFanMom
May 1, 2009 at 3:24 p.m.
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I meant that Mrs. K sat with her shoulder to DO, and wouldn't look at anyone...The 3-4 members were saying no and getting help from RM and EK...
It was evident that ill-will feelings were present..

copperguy
May 1, 2009 at 3:09 p.m.
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Again, though, bumblebee...perspective is everything. One can say that I spent over 9000 minutes in the local filling station not getting gasoline for the squad. 9000 minutes is an awful lot of time.

That's "thousands" of minutes, yet, it comes out to about 10 minutes per shift over a 3 1/2 year period, or two five-minute trips for soda per shift.

copperguy
May 1, 2009 at 2:58 p.m.
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Also, cops do share humor on-the-job. It's important that we consider the audience when determining what jokes to tell or what language to use. While I might share a gallows-humor joke with a fellow officer, I would not do so with a member of the public.

When a deputy sheriff comes through my village, we may shoot the bull for 15 or twenty minutes. Intermixed in the conversation will be discussion of one or another case from which we can each glean some information and insight. There may also be the latest joke or news of the weird. Would you fire the cops who visit in this way?

2LevelHeaded
May 1, 2009 at 2:54 p.m.
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lifeisawheel I guess you interpreted my word "charges" to mean criminal. I didn't mean it to be criminal, I guess you would call them allegations or reasons for suspension. I am not saying he should be dismissed solely based on the emails. I was trying to point out the fact that the emails were wrong to be passed around on a government computer by anyone who did so. The discussion has seemed to solely focus on the emails on whether they were inappropriate or not. The fact is there are other allegations/reasons for dismisal as well. So, based on the totality of the circumstances the board voted to dismiss the chief. There is no fairytale make believe allegations as you point out either. Emails were found on his computer that were inappropriate and involving an alleged affair with a subordinate. I don't believe either that the cameras were installed because he was doing his job, if it was his job he would have gotten a warrant.

bumblebee
May 1, 2009 at 2:53 p.m.
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I should have said "if they found thousands". I have no idea how many they found.

copperguy
May 1, 2009 at 2:50 p.m.
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bumblebee: I'm not sure if you saw an earlier forum where the numbers were discussed. I don't recall all of the details, but I do recall the bottom line. On the numbers that were cited by (I think Mr. Danz), and over the time period in question, it came out to around 3 per work day...3 total of received and sent.

As I alluded to in that forum, cops do get lunch breaks even if we don't always get to use them. Is 3 personal emails in an average shift outrageous and/or abusive? It would take far less than a half hour lunch break to send and receive 3 emails.

Of course, this is just an attempt to put the raw numbers into some perspective. But, raw numbers alone can seem outrageous without putting them into context. I'm not defending anyone here, just encouraging folks not to get so wrapped up in hyperbole that they lose objectivity.

bumblebee
May 1, 2009 at 2:38 p.m.
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If it were only one email joke, that might not be cause for firing DeVoy, but when they found thousands of them, it certainly would be cause. Is he not paid to work? Sending personal emails is not working and he used a lot of taxpayer money sending email. Good riddance to bad rubbish.

sspoo
May 1, 2009 at 1:55 p.m.
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Thank you onthefence,

And I would be more than happy to talk, my number is in the book. I am sure something can be arranged. I am so tired of the lies and decetfullness.

lifeisawheel
May 1, 2009 at 12:39 p.m.
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Let me say this again to be clear.

There are NO charges against Chief DeVoy.

Only fairy tale/make believe ones from a prior board that had "stepped in it" as it was pointed out earlier.

lifeisawheel
May 1, 2009 at 12:35 p.m.
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2levelheaded-

Let me get this straight, if an off color joke type e-mail is found on his computer, that is grounds for suspension/wiping his name in the papers/termination/loss of house/loss of reputation/etc?!?!? (Which by the way were found after the board realized that he was only doing his job and had to go witch hunting)

ALL WITHOUT EVEN HEARING HIS SIDE?!?!?

(yah, I don't know what I'm talking about)

And what other "Charges" ?!?!?

As far as I know, a "Charge" is when you have broken the law!!!

Check CCAP for yourself, Chief DeVoy has never been charged with anything!!!

AFTER FIVE MONTHS OF THIS STUPIDITY, CHIEF DEVOY IS ONLY ON CCAP AS THE PLAINTIFF TWICE. THAT IS A SHAME, THE NUMBER SHOULD BE HIGHER THAN TWO.

2levelheaded. As in too level headed? I think not.

badgerboy
May 1, 2009 at 11:48 a.m.
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copperguy, thank you for all of your comments and time spent researching state statutes to keep us informed!

From a former copper myself!

keepitrealnow
May 1, 2009 at 10:37 a.m.
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onthefence-I have personally talked with DeVoy, and I believe he would talk to you. Why don't you call him? That is very troubling to me, that people can bash the guy but have never given it a second thought about calling him and getting his side of the story. Shame on the village board for not doing this either. I really thought some of the old board members were smarter than what they have appeared to be.

onthefence
May 1, 2009 at 9:45 a.m.
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Well, well, well, from one fake to another Good Morning! How is everyone today? From the looks of the blogs you are not as happy as you should be.
1moreview, you should apologize to Mr. Spoo. I believe he is telling the truth in this case.
Mr. Spoo does your invitation extend to all of us? I would like to sit down with DeVoy and ask him questions face to face; that is if my wife doesn’t need me to do something for her.

Me2
May 1, 2009 at 8:43 a.m.
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2LevelHeaded: It sounds like Lifeisawheel is simply trying to say that there's two-sides to every story and only one-side has been told so far.

In terms of inappropriate emails, many governmental departments have been through this before. The most recent one was with the WCSO. To my knowledge, not a one officer was fired, including supervisory staff. When something like this takes place within the county it pretty much sets a president for future disciplary actions.

In terms of Attorney Lettenberger resigning, he is in my opinion one of the finest attorneys in Walworth County. Another shame and a huge loss to the Village of Darien.

sspoo
May 1, 2009 at 6:08 a.m.
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1moreview

Steve DeVoy will be at my house today. Why don't you stop by and say Hi, maybe he can answer some of your allegations.

Talked to Ruth Ann McCue also, she feels great (thanks to you) that a "old crippled lady who has only left her house twice in the last 6 months can run this whole village from her chair". That has got to be one of the funniest things I have heard. She might be calling a special board meeting tonight. LMAO

2LevelHeaded
May 1, 2009 at 5:39 a.m.
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lifeisawheel For you to say that the chief did nothing wrong shows that you don't really know what you are talking about. If you believe he shouldn't be fired that's your opinion. But don't think that the types of emails on his computer were wrong for him to have on his work computer? And what about the other charges?

2LevelHeaded
May 1, 2009 at 5:35 a.m.
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BadgerFanMom What do you mean they made it quite clear they didn't want anything to pass? They have a right to vote on what their beliefs/opinions are even if they are different than the other members or yours. Getting along doesn't mean they have to vote the way you feel they should. They vote the way they they believe is right.

BadgerFanMom
May 1, 2009 at 5:24 a.m.
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Copperguy
Yes there was a meeting and surprisingly ALL board members were in attendance...
However, the board members made it quite clear that they (JA,KZ,BW, & CK) will not allow anything to pass...It was a stalemate quite often...
Teacher was there and brought up some interesting thing re: history of the planning commission, and the dates of member appointments..but they didn't want to hear that...
I think it's sad that new members and current members can't get along

yiotta
May 1, 2009 at 12:12 a.m.
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Lettenberger resigned because of the way DeVoy was treated? That's a huge deal. The prior board really stepped in it didn't they.

lifeisawheel
Apr 30, 2009 at 10:51 p.m.
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I see that this madness has already gotten even my words twisted around. I retract "spoken warning" because that implies Chief DeVoy did something wrong when in fact he did not. Chief DeVoy looked into the installation of the cameras and to stay impartial, asked the sheriff's department to investigate in which they had no problem doing. You see, the sheriff's department doesn't need the permission of 'All Mighty Metzner'. We can say this til we are all blue in the face.

lifeisawheel
Apr 30, 2009 at 10:38 p.m.
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To say that Chief DeVoy created this situation is just borderline retarded. Chief DeVoy was REACTING to this same madness that is going on now. The only difference is now it is out there in the public for all to see when for longer than anyone cares to know about, it was going on well before the infamous DEC 1, 2008. I believe some egos are too large to admit that they should be THANKING Chief DeVoy for exposing these people for who they really are. He could have looked the other way or worse joined in. Do you really think he didn't already know it was going to get politically HARRY?!?! Having knowing that he still did the right thing, now even at his own expense of lies and opinions of the ones who are either buffaloed or want to cover up this mess. Wake up people, long standing village prosecutors just don't walk out for no reason. Part time employees don't get fired for no reason either. And most importantly, thank God people are starting to realize, a Chief with 26 years of experience and service to ONE village, does not just get fired for doing the right thing, HIS JOB. No matter how you wipe it in the papers. This whole thing could have been handled with a spoken warning of all things. God bless Lettenberger, sorry to see we lost another good one.

copperguy
Apr 30, 2009 at 10:22 p.m.
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I'm curious: Was there a meeting or not?

2LevelHeaded
Apr 30, 2009 at 10:18 p.m.
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What trueth are you talking about?

sspoo
Apr 30, 2009 at 10:11 p.m.
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No onthefense,

I was stateing that because 1more made a blatint lie. If you are lying then yes you are fake too for hideing behind a name. All I am saying is people need to start hearing the trueth. And it won't be long till it comes out.

onthefence
Apr 30, 2009 at 8:54 p.m.
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Fake is your opinion. Are you saying I’m fake. Then there is yiotta, copperguy, bigmama101, latinmami2, rrlbox14, coyote, badgerboy, oplease, keepitrealnow, Me2, Dreamer2, one943, BadgerFanMom, etc. So whats up with your rant on 1moreview?

sspoo
Apr 30, 2009 at 7:03 p.m.
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And further more, where do you get your facts from? You must have somebody coming to your house and filling your brain with these false accusations. Somethings maybe board members should only know about. hhhhhhhhmmmmmmmm

What do I have to gain from lying? Better yet what do you have to gain? Before you accuse somebody being at my house you better make sure its the truth, cause I am getting sick and tired of this BS!!!!

sspoo
Apr 30, 2009 at 6:57 p.m.
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It is Fake 1more because you hide behind a fictitious name and make false acusations. All I have to say is if you have facts state them, and stop with the lieing to make other people try and look innocent. If people would have done there jobs in office correct to begin with we would not be in this situation. What happened to going to the police committee with the problem, then the personel committee, then a course of action like the laws state. Not "OH heres our chance to cut a salary employee and save the village money, lets fire him" Whoever you are get your facts straight , or better yet call me anytime instead of hideing behind your fake name.

yiotta
Apr 30, 2009 at 6:10 p.m.
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Bring your passifier

copperguy
Apr 30, 2009 at 6:09 p.m.
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rr1: There are things that each of us knows and doesn't know. When I can share my knowledge and expertise with others to help them reasonably understand one of my areas, I do my best. I am confident that some folks have benefitted from my efforts. Perhaps it would be better if I chimed in on the areas I don't know about just to say "I don't know about this subject?"

On subjects that stir passion, it is easy for all of us to lose sight of "reason." I have tried to steer folks back to a reasonable understanding of the law and the process.

1moreview
Apr 30, 2009 at 6:05 p.m.
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I hope that everyone is going to attend the open portion of the meeting tonight. I am.

1moreview
Apr 30, 2009 at 6:03 p.m.
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bigmama101 – I am not the crook in this mess. I also have as much right, as you do, to blog my comments. I will not “shut up” as you and Spoo have suggested. This is no more a fake e-mail then yours is. Why do you seem so threatened? Spoo refers to “made up to lied about” statements. Why he singles me out I have no idea. Oplease posted information to go to CCAP regarding who legally represents old VP and the information is irrelevant because it is a 13 yrs old divorce issue.

latinmami2
Apr 30, 2009 at 5:55 p.m.
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poor poor darien such a sweet town full of hate

rr1box14
Apr 30, 2009 at 5:46 p.m.
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copperguy you really come off as a mr know it all .

WakeUp
Apr 30, 2009 at 5:33 p.m.
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Same for McCue's attorney? Divorce started.......check this out!

http://wcca.wicourts.gov/caseDetails.do;...

yiotta
Apr 30, 2009 at 5:27 p.m.
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I think it's time for your nap.

coyote
Apr 30, 2009 at 5:23 p.m.
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DRIVEL, pure and simple.

1moreview
Apr 30, 2009 at 5:02 p.m.
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Oplease – Maltese is not the issue so why are you bringing it up? Whether I take medicine now and calm down is not the issue either. Furthermore, I am not jumping to conclusion but for some reason you are. Maltese is neither my “buddy” or “eye spy”. I will give you that I may be jumping to conclusions regarding the law firm. My conclusion is based on who C.M. had presented as his choice of a law firm in 08 and continues to try and make a big deal out of our current counsel who, at least, doesn’t need to get up to speed in this mess S.D. created for us. Your comment that I should look on CCAP, is another try at diverting attention away from the real issues at hand.

sspoo
Apr 30, 2009 at 4:43 p.m.
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I am sick and tired of being named for things that really didn’t happen. I case no one can figure out the initials thing, I am S.S. and no S.D. (Steve DeVoy) was not at my house today. But if he does stop by I will be sure to tell everyone when, OK? Now I know how Steve feels, being accused of things that are either made up or lied about. As for Craig McCue, what problem do you have with him? You say he is doing things behind other board members backs, well isn’t that the pot calling the kettle black. Even when I was on the board they left me in the dark, voting on things when they knew I was not going to attend the meetings. This blog sounds like someone is scared, is that you little guy? Or should I say M.M.? He would be the only one driving around all day snooping on people, but I could be wrong. I don’t want to start talking behind peoples back like all the other village employees like to do. If anyone has a problem with me, please call me. I am in the phone book and would be more than happy to tell you the truth. Yes Steve is a good friend of mine, and I do not need coaching from anybody as I am sure Evie , Debbie and Craig don’t either. So either call me or shut your trap !!!!!!!!

badgerboy
Apr 30, 2009 at 4:40 p.m.
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oplease typed these words:

---------------------------------------------
Oh by the way 1Moreview: David Danz is Metzner's personal attorney - no conflict of interest there........hmmmmmm. Look on CCAP, the proof you will find is there.
---------------------------------------------

Upon further review and checking said CCAP, Atty. Danz was Metzner's attorney at a divorce hearing on 8-8-96. There's nothing suggesting Danz is Metzner's personal atty. at this time.

Now back to your regularly scheduled obsession...

1moreview
Apr 30, 2009 at 4:39 p.m.
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Keepitrealnow – So you think it alright to have S.D. behind the scenes orchestrating all of this mess. I don’t. I have a right to express my opinion or raise questions. What are you afraid of? Are my questions hitting a big open nerve?. And just for your information I use initials because I want to. Further more, in my view it is not a “great concept” to use full names when everyone know who’s initials are being use. After all you had no trouble. “The spy in the sky in Darien”, I thought that job had been taken over by C.M. and D.O. We are now in a “throw back mode” of old VP. S.D. told the VP he should know who is in the village offices (other then people paying their water bills) and the office had to keep track of everyone coming into the village offices. They gave him a daily report so he and S.D. could create problems for those trustees and citizens they deemed adversarial . You know you attack but you don’t address any of the concerns I have raised. Wonder why?

keepitrealnow
Apr 30, 2009 at 3:49 p.m.
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1moreview-what are you the spy in the sky for Darien? What business it of yours if anyone was at anyone's house? And who are you to judge if someone attends church?! Everyone has a right to go to what ever place of worship they choose. You need to get a life, do you have nothing better to do than drive around? WOW I would like to have your life how exciting....NOT! And just a piece of advice, why not try typing out the names instead of initials. Great concept!!!

1moreview
Apr 30, 2009 at 3:19 p.m.
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Have our trustees gone CRAZY/NUTS/OR WHAT!!!! Tonight’s closed session meeting is to confer with Village legal counsel who is rendering oral or written advice concerning strategy to be adopted by the Village with respect to litigation in which it is or is likely to become involved, specifically, termination of Chief S.D.. I guess the rest of our employees are just minced meat. They have no rights to be considered, just poor, picked on S.D.. YOU PEOPLE HAVEN’T EVEN DIGESTED THE INFORMATION YET. Talk about a waste of taxpayers’ money. This one really takes the cake.

And then of course we have the agenda item “appoint new general legal counsel” What is this all about! You talk about WAKE UP DARIEN. SOMETHING STINKS! This meeting and agenda is being directed from behind the scenes by S.D.. Oh yes, he was at the VP house over the weekend directing her. Wonder if S.S. will be at the meeting tonight. S.D. was at his house today. No doubt the appointment will be CM’s lawyer, you know the Delavan lawyers W,H,S. Talk about a CONFLICT OF INTEREST on “good old CM’s” part who goes around saying he represents the citizens. HA!!! I am ashamed to have to call him one of my representatives. He has used the “conflict of interest” on so many people, he should look at himself on a number of past votes. The new legal counsel, who by the way was S.D.’s counsel, will do what CM & R.M. tell them to do; after all, he is their personal counsel.

And, of course R.M. is the brains behind her faithful trustee; not to mention her mentor, S.D. who she is in constant contact with. I understand from here say that now S.D. even attends C.M.’s place of worship.

Will someone out there with common sense PLEASE help us.

copperguy
Apr 30, 2009 at 1:19 p.m.
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Me2: This is not to be critical. I have one small (but VERY significant) correction:

You wrote, "The board has yet to schedule a hearing date..."

In fact, the Village Board does not have anything to do with a hearing. Their role is to appoint the person or panel to conduct the hearing. That person/persons schedules and conduct the hearing, determine the question of just cause, and arrives at any penalty.

62.13(5) speaks of a "Board." That is referring to the Board of Commisioners (which is the subject of that section). 61.65 says that the Village Board will appoint either one or a panel consisting of a minimum of three persons to act in place of the Board of Commissioners, in accordance with the procedures set out in 62.13(5).

Me2
Apr 30, 2009 at 1:03 p.m.
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1moreview: I don’t think you can criticize the new VP, Olmstead and McCue for wanting to expedite and look into this matter with their own eyes. I think the VP was just commenting on her observations as well as those who have sat in on the public meetings for the past 2 years. As far as Olmstead’s comments, I believe she was speaking on behalf of the residents of the community that would like to see DeVoy reinstated (if possible).
I personally think based on what Copperguy has reported and my own research that “procedurally” the village has error in several different fashions. First of all the village board “terminated” DeVoy pending a hearing. It’s not the board’s decision to terminate him; it’s the decision of a hearing officer if I understand right. The board has yet to schedule a hearing date which statutorily will violate DeVoy’s right to “due process”. Therefore they may be facing a wrongful termination claim. They have terminated a part-time employee who is deployed in the National Guard. Federal law says he can’t be terminated while actively deployed. The village board also did not act on the other employees that viewed and sent inappropriate emails and have overlooked the possibility of disciplining the civilian employee for her conduct. What's the worst of the two evils, inappropriate emails or being flooded with notice of claims resulting from violations of labor laws. Just like going to the doctor, I think it’s time for a second opinion from another law firm before this gets any deeper.

1moreview
Apr 30, 2009 at 12:32 p.m.
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Me2 – committee assignments are made at this time of year. I definitely agree that the VP, DO and even CM need to be brought up to date on some very important issues the village is dealing with. We need to give our new VP a thank you for her willingness to serve our village. We also need to thank DO and CK for their willingness to serve our village. And least I not forget a big thank you to all of the seated and newly re-seated trustees. I do question some comments in this article however.

The new VP hopes for “unity” but then further states “based on the actions and reactions of a few members, I have yet to experience full "unity." Time will tell”. “I would personally like to view the documents (e-mails, letters) that have been circulated door-to-door throughout the community”. “My personal position on this matter has and always will be "let the punishment fit the behavior”. “Did this behavior warrant termination?” YOU MUST TAKE THE TIME REQUIRED TO FIND OUT THE FACTS PRESENTED, not insult the rest of the seated trustees.

Our new trustee DO also is quoted as saying “The matter of the previous chief is not settled yet”. “From what I've heard (from residents), they want him back”. “They don't care about e-mails”. “The matter of how he was fired was wrong”. “It started out initially about whether surveillance cameras were legally installed”. “Then it was about employees feeling violated and preparing to sue the village”. “From there, it became solely about e-mails”. YOU MUST TAKE THE TIME REQUIRED TO FIND OUT rather the PRESUME.

Our re-elected trust. CM .says he didn’t look at the documents presented. I wonder why. Didn’t he vote on December 2nd to approve the investigation? Why would he not view what we/he, as tax payers, have paid our trustees to do. All of our trustees voted for it. WHAT IS UP WITH THAT?

I can only hope that a campaign issue referred to as the “good old boys” has not really turned into the “good new boys” with a truly hidden agenda. I guess I will have my answer in a short amount to time.

I, for one, vote to have our board of seven trustees make decisions based on the entire picture of a given matter. I expect “due diligence” from all of them. I expect informed decisions. I DO NOT expect any trustee to just make a decision on, and I quote, “from what I've heard (from residents), they want…..” Decisions need to be made on facts that, we as residents, may not be privileged to now.

Dreamer2
Apr 30, 2009 at 12:26 p.m.
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one943 and copperguy
Thanks for your explanations. I understand more now about regular scheduled meetings and special meetings. I just wondered about short notice of a special meeting. People do have other meetings already scheduled and when 2 or 3 land on the same night, choices have to be made. Some are work related and must be attended. So I understand now that a night is chosen when a majority can attend.

copperguy
Apr 30, 2009 at 11:44 a.m.
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Perhaps this is all much ado about nothing. Yet, it seems as though nearly all of the other members are unable to attend. I find that a bit odd. When one considers that special meetings of the past few months have nearly always been held on Thursday, it seems like that is probably the day when most members are free.

I don't subscribe to your run-of-the-mill conspiracy theories, so I do hope that there's some other explanation. It just strikes me as a bit odd, that's all.

1moreview
Apr 30, 2009 at 11:38 a.m.
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one943 – I agree everyone is making a mountain out of a mole hill. I agree that in Darien the accepted practice has been to pick 2 or 3 dates so the clerk can call the members to pick a date that is most suitable for the most members to attend. Futhermore, if the request is to have consultants at the meeting they also have to be checked with before a meeting date can be selected. Our new VP is inexperienced but she must realize she is just ONE trustee. She has one vote. Her actual VP duty to run the meeting takes place when the meeting takes place.

I do not understand where bigmama101 is coming from.

copperguy
Apr 30, 2009 at 10:24 a.m.
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Dreamer2: ALL meetings must be posted, even "closed sessions." Notice must be given 24 hours in advance except in emergencies, when 2 hours notice is allowed.

Me2
Apr 30, 2009 at 8:28 a.m.
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I can't speak for the new VP,and I'm only making an assumption here. It's that time of the year again when committee assignments MUST be made so everyone knows what their respective assignments are. There are committee meetings starting next week.

I also give her credit for wanting to get "caught up to speed" on the police department and sewer issues. How's she and the other new members going to be able to make logical and accurate discissions without knowing facts? Good job Ms. VP.

WakeUp
Apr 30, 2009 at 8:28 a.m.
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one943- I think you made a good point. I have all the confidence in our new VP and our new Village Administrator. Sometimes we have to be patient and not jump to conclusions. Things will work out. It will not happen over night and it will not happen if we let the "trouble makers" fuel the fire. I hope we are able to recognize what is true and what is not true. If you are not sure go straight to the source instead of assuming. I have done so in many instances and I am seeing things clearly!

one943
Apr 30, 2009 at 8:09 a.m.
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I think everyone is trying to make a mountain out of a mole hill here. I sit on four boards that meet each month I keep those dates for them. If I were to get a short notice of a special meeting chances are I couldn’t made it.
The problem is you have a new VP & Clerk. The accepted practice would be for the VP to pick 2 or 3 dates and have the Clerk call to see who can which ones. Then set the date that most can make. I’m sure with experience things will work better.

BadgerFanMom
Apr 30, 2009 at 6:40 a.m.
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Dreamer..it's called a "special meeting"
Those can be held anytime..

BadgerFanMom
Apr 30, 2009 at 6:37 a.m.
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The problem is 1more..that the "other members" are trying to DICTATE to the new VP when she should hold meetings..it's not fair..
****
The meeting will go on..Tonight 7pm at the library!

yiotta
Apr 29, 2009 at 11:53 p.m.
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Why are you so confused dreamer2?

A 'smart' guy like you?

1moreview
Apr 29, 2009 at 11:50 p.m.
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What is this about a meeting? I was surprised when I logged on and found the new VP calling a special meeting. What is all the fuss about? All the board has to do is reschedule a meeting for another day that they can all attend. After all, I’m sure that we all would like everyone to attend a special meeting that will be dealing with special matters. I also thought the statutes regarding VP powers should be noted to clarify some of the confusion.

61.24 President. The president shall be by virtue of the office a trustee and preside at all meetings of the board and have a vote as trustee, sign all ordinances, rules, bylaws, regulations, commissions, licenses and permits adopted or authorized by the board and all orders drawn on the treasury except as provided by s. 66.0607. The president shall maintain peace and good order, see that the ordinances are faithfully obeyed, and in case of disturbance, riot or other apparent necessity appoint as many special marshals as the president shall deem necessary, who for the time being shall possess all the powers and rights of constables. The president shall have charge of the village jail, which the president shall conduct in the manner provided in s. 62.09 (13) (c); but the president may delegate this duty to the constable or any police officer of the village.

61.32 Village board; meeting; salaries. The trustees of each village shall constitute a board designated the "Village Board of" (name of village) in which shall be vested all the powers of the village not specifically given some other officer. A majority of the members-elect shall constitute a quorum, but a less number may adjourn from time to time. The president shall preside at all meetings when present. In the president's absence the board may select another trustee to preside. Regular meetings shall be held at such time as may be prescribed by their bylaws. Special meetings may be called by any 2 trustees in writing, filed with the clerk, who shall thereupon seasonably notify all the trustees of the time and place thereof in the manner directed by the bylaws; etc., etc.

Dreamer2
Apr 29, 2009 at 11:02 p.m.
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I'm confused about this Thursday evening meeting mentioned. The regular board meetings are set for certain Monday evenings I thought. The members know about them ahead of time. So was this a last minute meeting date chosen for a different night or what? Was it a meeting that had to be posted?

copperguy
Apr 29, 2009 at 10:44 p.m.
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Me2 addressed the long-term possibilites well. To be precise, 17.32(2) specifies how and why they can be removed: "Any elective village officer by a majority vote of all the members of the village board, because of continued physical inability to perform the duties of office or gross neglect of duty."

Now, to the quorum question...

A quorum is basically a number of board members that constitutes a majority. So, if the board in question has 7 members, then a quorum would be 4. If a number of members that would constitute a "quorum" discuss business of the board without giving public notice, that is a violation. This is true even if that number never talks together. So, if the magic number is 4 (for an 7-person board), and person "a" calls person "b", and person "b" calls person "c", then person "c" calls person "d", you have a "walking" quorum even though no more than two people ever talked together. That is unlawful. Any form of communication is considered...text message, email, telephone, voice mail, smoke signal, etc..

questioner
Apr 29, 2009 at 9:59 p.m.
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If what they say is true about those board members it makes me very angry. How dare they say they will not show up for a meeting.

Then Me2 is right they should be thrown out of office.

Me2
Apr 29, 2009 at 9:23 p.m.
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BadgerFanMom: Here is your answer regarding the members that all of a sudden can't attend.
The board may compel the attendance of trustees at meetings and punish nonattendance by that authority granted by sec. 61.32, Stats. Certain villages, for example, have enacted legislation that provides for the assessment of a penalty against a trustee in case of an unexcused absence. Others have adopted rules that allow, at the direction of the board, for a law enforcement officer to actually locate and produce, if possible, an absent member at the meeting. If a trustee is continually absent from board meetings, he or she may potentially be subjected to the ultimate penalty measure - removal. Section17.13(2), Stats., specifically provides that any elective village officer, including trustees, may be removed by the board for "gross neglect of duty." As a member of the village board, a trustee is imbued with the power to manage and control village property, finances and public services and to act for the government and good order of the village for the health, safety, welfare and convenience of the public. See sec. 61.34, Stats. These duties and powers, however, can only be exercised with the other members of the board at legally convened meetings. A trustee's continuous failure to attend meetings and perform the functions of the office, therefore, reasonably equates to gross neglect of duty and constitutes legitimate grounds for removal.

BadgerFanMom
Apr 29, 2009 at 8:36 p.m.
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I know that the agenda had a closed session to bring everyone up to speed on the DeVoy issue..
I think there were going to be some new committee appointments..

2LevelHeaded
Apr 29, 2009 at 7:01 p.m.
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Bigmama What makes you think the 5 or I guess 4 board members followed each other and only listened to what the one told them?

copperguy
Apr 29, 2009 at 6:17 p.m.
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Do you know what was on the agenda?

copperguy
Apr 29, 2009 at 6:10 p.m.
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Yikes! They would have to have a quorum in order to take any action (votes). Can anyone force them to attend? No.

Let me take another look at some statutes. Check back in a bit.

BadgerFanMom
Apr 29, 2009 at 5:42 p.m.
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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!

copperguy
Apr 29, 2009 at 10:08 a.m.
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Here's a thought for anyone in Darien...Check with attorney David Moore, of Janesville (NOT the same one as Chief of Police). I'm fairly certain that he handled the case against Terry Morris, in Orfordville. He will be very familiar with the statutes pertaining to termination of a police officer or chief.

My guess is that he would be able to answer right off the bat whether a Village Board can lawfully terminate without apoointing a person or persons who will then conduct a hearing, and probably would do so for little or no charge.

He is with the firm Nowlan and Mouat, at 608-755-8100.

copperguy
Apr 28, 2009 at 8:37 p.m.
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Just thought of something as I was typing that last post: Wouldn't it be interesting if the Village Board directs Mr. Dennison to "terminate" Chief Devoy without a hearing, only to have Mr. Dennison say that he can't do that without direction from a "board" in compliance with 62.13? Hmmmm.........

copperguy
Apr 28, 2009 at 8:31 p.m.
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badger: No. Per 62.13(5)(d), the "hearing clock" started ticking once he was served with the charges against him. According to an article from Ann Marie on April 3, those charges were served on his attorney that afternoon (April 3).

badgerboy
Apr 28, 2009 at 8:18 p.m.
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I'm guessing I've overlooked the obvious somewhere, but wouldn't the "hearing clock" start ticking March 8th, the day after the board voted to terminate him?

copperguy
Apr 28, 2009 at 8:03 p.m.
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Level: Also read the first section of my response to flatfoot. You stated, "I would think that the accused would either have to request one or accept the outcome." By law, there can be no "outcome" without first having a hearing. The Village Board does not determine what - if any - discipline is to be imposed. That discipline is determined by the independent "board." No statute gives the employing governmental elected body the authority to terminate a police officer or chief for disciplinary reasons.

citizenofdarien
Apr 28, 2009 at 7:53 p.m.
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Flatfoot- would you be willing to send me your comment that was removed?

copperguy
Apr 28, 2009 at 7:51 p.m.
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flatfoot: 62.13(5)(em) discusses the considerations when determining if there was "just cause" for discipline. That brings up another point: The Village Board does not determine the discipline. That determination is left to the independent "board" hearing the complaint. The fact that the Village Board has voted to terminate really is irrelevant. Their role has been to make the charge, to appoint the indpendent "board," and to pay the bills.

To the gist of your post: In law enforcement, we may come across evidence of wrongdoing in many ways. As long as the particular "way" we receive information is lawful, it makes little difference as to what that "way" was.

The computers in question are property of the Village, and the investigation of those computers is totally legit. Some have seemed to indicate that the investigation started with the discovery of the cameras. The argument seems to follow that if the Chief was correct in using those cameras, then the ensuing investgation should be tossed out.

That's along the lines of the "fruit of the poisonous tree" doctrine, wherein evidence obtained through an unlawful act is tossed out. That position doesn't hold water here.

I have cautioned all along that "the punishment should fit the offense." That caution is in line with 62.13(5)(em)7: "Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate's record of service with the chief's department."

My OPINION (<--- NOTE DISCLAIMER) is that absent any criminal or heinous violation, a lesser discipline than termination would be in order. All things must be taken into context, including what "some" folks may find as objectionable humor. If those to whom such humorous emails were sent did not have an objection, then there really was no foul. While I would not pass them around, I also would not deny anyone an outlet of humor to deal with the job.

In any claim for harassment, the "victim" must first voice their offense. No objection? No victim. No victim? No offense.

Did I answer your questions, flatfoot? Sorry for the length!

copperguy
Apr 28, 2009 at 7:31 p.m.
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Level: Not sure if you saw my previous post or not, so forgive any repetition. Do not confuse 62.13(5)(c) and 62.13(5)(d). Sub c deals only with suspensions. Sub d governs more serious actions such as reduction in rank and termination.

While Sub c DOES call for a hearing IF requested by the accused, Sub d does not. It does not say that the accused may request a hearing. It says that the "Board" (not the Village Board; rather the independent person or panel appointed for this case) will set date for hearing. No "if's, and's or but's." No dependency upon a request. The "board" will set the hearing date. Read 62.13(5)(d) again.

Keep in mind that a major reason for this statutory protection is to keep politics out of policing. That's the reason for an independent panel and the requirement for a hearing.

Happy to answer any further questions. I know that sometimes reading statutes is NOT an easy thing. But, I have gone over 61.65 and 62.13 thoroughly and repeatedly. There is no ambiguity nor is there any doubt. I knew all of this because of a previous situation I was involved in, but I have even a better understanding of it now than I did then.

I can see one POSSIBLE technicality that the Village Board MIGHT raise. I don't think they could make a genuine argument of it, and I won't discuss it as speculation. If someone else raises it, I MAY comment.

As much as I hope I am giving some benefit to serious minded folks in Darien (and elsewhere), some comments in response to my posts cause me real hesitation in continuing these efforts.

Flatfoot
Apr 28, 2009 at 7:17 p.m.
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copperguy, many excellent points. But besides the hearing, what are your thoughts on the initial process?
Specifically the lack here of fact finding, questioning of the employee, followed by a chain of action beginning with warning, then suspension upon a subsequent event, finally, termination.

Flatfoot
Apr 28, 2009 at 7:11 p.m.
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citizenofdarien I would be happy to answer your question. (If you write a posting here I will have the means to send it along to you)

2LevelHeaded
Apr 28, 2009 at 6:58 p.m.
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copperguy I am not disagreeing with you after reading your comments and the links. This is just my opinion or question or confusion: why would they automatically have to set a hearing date? I would think that the accused would either have to request one or accept the outcome.

keepitrealnow
Apr 28, 2009 at 4:16 p.m.
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as of today I have not heard of a date being set yet. who knows where this whole mess will end up.

copperguy
Apr 28, 2009 at 4 p.m.
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There is no "request." A hearing MUST be held no sooner than 10 days nor longer than 30 days after the charges are delivered to the accused. The hearing is automatic under the law, independent of whether it is requested or not. The Village Board must ensure that the hearing takes place before 30 days have elapsed. That clock started ticking on April 3rd, and runs out in the next few days.

keepitrealnow
Apr 28, 2009 at 3:44 p.m.
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Copperguy:are you saying the village needs to request a hearing or devoy?

copperguy
Apr 28, 2009 at 3:43 p.m.
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Thanks, mooser, but I already work about 70 hours a week!

copperguy
Apr 28, 2009 at 2:09 p.m.
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What a predicament! I've been thinking about this a lot and I am puzzled.

The statutes clearly spell out the process to terminate a police officer or chief. The governmental body (the Village) appoints a person or panel (referred to in 62.13(5) as "board") to hold a hearing. That "board" then determines whether there is "just cause" to terminate. The decision rests solely with the "board" appointed to adjudicate the matter.

It seems (from the news articles detailing statements and quotes from the corporation counsel) that the Village Board is awaiting a "request" from Chief Devoy for a hearing. And, it seems that they are giving him until Friday to make such a request.

Chief Devoy, on the other hand, has likely been told by his attorney that he does not have to request a hearing, that a hearing must be held, and that the hearing must be held by Friday/Monday. Assuming Chief Devoy and his attorneys know the statutes, he is not likely to make a request. If his employment is terminated without a hearing, there is no question but that such a termination is contrary to statutes and a violation of the Fourth and Fourteenth Amendments. Chief Devoy WILL prevail in a lawsuit on those grounds. ( I KNOW this to be a fact).

If the Village Board suddenly realizes after-the-fact that Chief Devoy cannot be terminated without such a hearing, then what? Do they just keep paying him on suspension until he retires?

Wow! What a pickle!

I know someone is going to argue with me on the process outlined here. My goal is not to argue over the process (which is fixed by State Statute for anyone to read). I have posted links to the statutes and discussed what's there. There is no ambiguity or "wiggle room." The law is clear.

My goal is to cause someone, somewhere to re-read the law and act accordingly. If Chief Devoy SHOULD be terminated, then that action needs to be taken. If Chief Devoy should NOT be terminated, he needs to get back to work. Either way, only an independent person or panel can make the determination, and only after a hearing.

Appointing a panel and holding a hearing will "stop the clock" as far as lost wages. That clock can not stop in any other way. He will be entitled to lost wages from the date his paychecks stop until the date of a trial in his (sure-to-follow) lawsuit in Federal Court. Failure to appoint a panel and hold a hearing by Friday/Monday only increases the amount of damages to which Chief Devoy will be entitled if he is terminated.

1moreview
Apr 28, 2009 at 12:16 p.m.
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This was posted to the article Chips keep falling: 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 considered this. Don't you agree?

sangus
Apr 28, 2009 at 10:12 a.m.
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Badger,
We generally remove comments that make specific allegations of fact about people that neither we nor the writer know to be true. Flatfoot's comment included an "allegedly" attached to a claim that could be defamatory if untrue. Flatfoot doesn't know if it's true. As such, he shouldn't have posted it, and we won't allow it.

Scott Angus
Editor

JVLBadger
Apr 28, 2009 at 9:59 a.m.
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Why was Flatfoot's entry removed? It was well-written, factual, intelligent, insightful and DID NOT contain foul language. To censor his/her comments as opposed to allowing so much of the "trash talk" comments to remain in these blogs really disappoints me. What is going on? What did I miss?

Flatfoot
Apr 28, 2009 at 12:51 a.m.
(This comment was removed by the site staff.)
copperguy
Apr 27, 2009 at 10:22 p.m.
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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.

WisconsinMom
Apr 27, 2009 at 9:31 p.m.
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No Williams works for Hazelbaker..
Very "unbiased"
Give me a frickin' break!
***
Level head.. the gazette got ALL of the documents and they could NOT find PORN!

yougot2bkidding
Apr 27, 2009 at 9:24 p.m.
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I hope DeVoy is paying attention to these blogs. Apparently the same guy (Williams) that did the computer investigation and was quoted in the newspaper as saying DeVoy is "absurd" if he thinks someone knew his password and got into his computer; has now been hired to set-up a more "secure" networking system for the police department. So is the village now admitting via Williams that the network wasn't so secure after-all? Secondly, I haven't viewed or heard of any statements being taken from the subordinate officers. What, were the attorney's scared of them telling the truth. It's common knowledge around town that Maltese was after DeVoy's job and Metzner was going to help him get it. What's Maltese going to do now when the truth comes out? He stands a chance of being fired for not telling the truth during the investigation and his incompentency in the position he holds. In terms of compentency, I hear Williams is a photographer. What creditials does he have to do computer investigations. Is he Danz's buddy, another one on the take?

copperguy
Apr 27, 2009 at 7:44 p.m.
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You might want to read the entire chapter (as well as ch. 61). Same protections apply. And, Danz seems to have confirmed this in the statement he gave to Ann Marie on April 3, although it was confused a bit in the article. Not sure if he misunderstood it or if something was lost in the translation.

In that article, he mentioned the time period of 10 - 30 days. According to the article, he said that Devoy had to request a hearing in that time frame. In reality, it's the time frame during which the Board must schedule the hearing.

copperguy
Apr 27, 2009 at 7:38 p.m.
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4_2LevelHeaded: I don't see that anywhere in 62.13. I posted a link on the "Chips" forum, along with the specific section that specifies the hearing. There is no requirement that the "accused" request a hearing. The process spelled out is:

1) The Board serves notice on the accused;
2) The Board sets a hearing date between 10 and 30 days after the service mentioned in (1).

That's the procedure set forth in 62.13. The Board has specific statutory mandates that are not dependent on the accused.

4_2LevelHeaded
Apr 27, 2009 at 7:33 p.m.
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62.13 (5) applies to subordinates not supervisors.

4_2LevelHeaded
Apr 27, 2009 at 7:27 p.m.
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According to Wisconsin State Law, the Village Board does not have to schedule a hearing unless Steve Devoy requests one. A hearing will be scheduled on an amicable date when and if Devoy requests a hearing.

4_2LevelHeaded
Apr 27, 2009 at 7:24 p.m.
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Obscene can be taken in many ways. If you have not seen the documents; "ALL OF WHAT WAS RELEASED" then maybe you should. About $200 for the 2800 give-or-take pages that have been acquired by some private individuals.

copperguy
Apr 27, 2009 at 7:23 p.m.
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Still no mention of a hearing date? According to my math, it must be held either by this Friday, or a week from today (I'm not going to research it over one day to see how "days" are calculated!). And the public must be given notice beforehand.

WisconsinMom
Apr 27, 2009 at 6:26 p.m.
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Well, well, well!
We have gone from Steve being a "purveyor of porn" to "thousands of pages of obscene and vulgar e-mail "jokes."....Obscene means offensive to accepted standards of decency or modesty... certainly not the same as pornography which is"the depiction of sexual behavior that is intended to arouse sexual excitement in its audience"
What do you have to say for yourself Mrs. Cough-N-bird?
The village has spent over $100K on a witch hunt!
***
I am very disappointed..this money could have easily gone to help us pay for sewers...PP, RM, CK would you like to pay for my laterals??
***
Let's do the right thing..re-instate Chief DeVoy...get rid of Maltease and Dennison! Furthermore I think that Mrs. K should be re-called due to her spreading of untruths and sucking the residents into this vortex of lies!

Dreamer2
Apr 27, 2009 at 6:18 p.m.
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Good reporting, Ann Marie, for the first edition of Walworth County Gazette.

4_2LevelHeaded
Apr 27, 2009 at 5:56 p.m.
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I commend you Ann Marie for following the Darien story as you have.

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