Rec director violated city policy: Attorney
JANESVILLE — The city recreation director violated confidentiality policies when she gave a Janesville Gazette reporter recordings of conversations with her boss, an attorney hired by the city has found.
Joann Hart said her investigation showed that recreation director Bonnie Davis admitted giving oral, written and digitally recorded confidential personnel information to a Gazette reporter.
In doing so, Davis violated city policy regarding disclosure of confidential personnel information to the media, which was a breach of her duties as a supervisor for the city, Hart said in her report.
Eric Levitt, Janesville's new city manager, said he has talked to Davis and considers the issue closed. He said he couldn't comment on whether Davis received any discipline.
"Essentially, I've closed the case," he said. "I've addressed the issues that I've seen appropriate and am looking forward to working very positively with the recreation director and the recreation division and moving forward."
Davis, too, said she looks forward to working with the new city manager.
"We have a great recreation department, and I want to move forward and make it even better," Davis said.
Davis said earlier that she recorded conversations with her boss to protect herself and another employee. She also said she wanted to expose a written policy that gave priority to the children of city workers when hiring seasonal help. The policy has since been rescinded.
At the center of this and another investigation by a different attorney hired by the city was an incident involving a relative of former City Manager Steve Sheiffer. The relative was employed part-time at the ice rink.
An attorney in the first investigation found Mike Williams, leisure services director, illegally destroyed at least one public document and probably a second. That investigation concluded Nov. 21.
The destroyed record pertained to the ice rink incident.
It appears unlikely any civil penalties against Williams will be filed, however. Williams retired Jan. 9 after 35 years with the city.
A civil action could be filed by either the city attorney or the Rock County district attorney.
The Gazette was not able to reach District Attorney David O'Leary for comment.
City Attorney Wald Klimczyk said, "I haven't even thought about it. I'll probably look into that one of these days. I haven't made any decisions."
The attorney bill for the first investigation was $8,200. The city has not yet received an invoice for the second investigation.
Jan 22, 2009 at 12:33 p.m.
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We still have the whistleblowers act. Best to walk softly and carry a big stick. Mark Twain also said "It is by the grace of god that in our country we have these three things; Freedom of Speech, Freedom of Conscience and the prudence never to practice either of them". I for one believe that the whistleblower law needs to be strenghtened and seriously enforced to insure transparent government. We need more honest and open government.
Jan 21, 2009 at 7:59 p.m.
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JVLWKR may want to read a little bit of Mark Twain - "It is better to keep your mouth closed and let people think you are a fool than to open it up and remove all doubt." If you don't like Twain than you are probably a former Pres. Bush follower - "I have opinions of my own, strong opinions, but I don't always agree with them." Peace :-0
Jan 21, 2009 at 5:43 p.m.
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fly- how is violating city policy end up being professional and competent? Your comment that she " will do the right thing even though it may not be popular" can't be true because she was caught violating policy, and may be responsible for illegal wiretapping. To be in a supervisory position and not be punished for violations will only cause discord when she is in position to punish underlings for violations also. This is a mess that can only be corrected by a demotion (to a position without authority or leadership) or outright dismissal. I can't believe that this is being taken lightly. The chaos she has caused the department should be reason for punishment alone. I just don't get it.
Jan 21, 2009 at 10:18 a.m.
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I have had the pleasure of working with Bonnie Davis and find that she is very professional and competent. I know that she will stand up for her employees and do the right thing even though it may not be popular. For those that are no longer employees, could it be that they were not doing their jobs? jvlwkr-There are two sides to every story, could it be that you only know one of them and only choose to believe what suits you? When is it easy for anyone to stand up for what is right when so few others do? Isn't it easier to just look the other way? This has probably been very difficult for BD knowing that she would get the negative backlash like she has. Maybe all you that are critical should put yourself in her position for awhile!!
Jan 21, 2009 at 9:30 a.m.
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PS....7 & 8 but this is a forum for comments isn't it...oh wait, now I have a vendetta against yada. Have a good day...
Jan 21, 2009 at 9:27 a.m.
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"Regarding the SIX comments by JVLWKR - you sound like you have a personal vendetta against Davis. You have over half of the comments that have been listed so far." from yada. In actuality 1 of my comments was a duplicate and 1 was an apology. And even if you count 6, it's not half of 14. As for a vendetta, BD has not done anything to me personally but I have experience watching what she has done to others.
A lot of good people have lost their jobs because of her.
Jan 20, 2009 at 7:48 p.m.
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JimPl, you're not an attorney and you've never played one on TV but have you ever stayed at a Holiday Inn Express? That may be good enough.
Jan 20, 2009 at 6:58 p.m.
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Well done JimPl - I can tell by your comments that you did your homework. The statute that you cited was very helpful. Regarding the SIX comments by JVLWKR - you sound like you have a personal vendetta against Davis. You have over half of the comments that have been listed so far. Let him who is without sin cast the first stone.
Jan 20, 2009 at 6:49 p.m.
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It seems alot of the city employees have something shady going on lets get rid of all of them and start over IMO
Jan 20, 2009 at 6:45 p.m.
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get over it at least the policy to hire kids from within changed TY bonnie
Jan 20, 2009 at 4:28 p.m.
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She should be fired. Period. She has caused nothing short of chaos around her. What is so "positive" about that? If I worked around, for or near her, I would would be on pins and needles. Her strategy (leaking information) was disgusting. No wonder she was in fear of getting fired. She was engaging in violations of policy. She is a Director/Supervisor? You want her to be making decisions of importance? WOW, WOW, WOW!!
Jan 20, 2009 at 4:18 p.m.
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Hmm, this is interesting. State of Wisconsin statutes regarding wiretapping state it is generally not unlawful for a person to record a conversation to which they are a party. One exception is noted here:
968.31(2)(c)
(c) For a person not acting under color of law to intercept a wire, electronic or oral communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or of any state or for the purpose of committing any other injurious act.
The part that caught my eye is "...for the purpose of committing any other injurious act." If the conversation(s) were given to the reporter for the purpose of making Davis' boss look bad, then I'd think a case COULD be made for intent to commit an injurious act.
But, I'm not an attorney, nor have I played one on TV, so perhaps I'm way off base here.
Jan 20, 2009 at 3:59 p.m.
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jvlworker - couldn't agree with you more. Bonnie is a horrible manager and how she came out of all this smelling like a rose and still employed is beyond me. WOW!
Jan 20, 2009 at 1:46 p.m.
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must something going on, "working" with the new manager??????? Bet there are plenty of people who have been fired or seen people get fired for far less.
Jan 20, 2009 at 1:06 p.m.
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My bad, it wasn't removed but took a few minutes to get posted.....sorry about that.
Jan 20, 2009 at 1:04 p.m.
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Since my last post was removed, let me change the way I wanted to get my point across. I have read Eric Levitt's Management Philosophy and Expectations and have my doubts as to how many of them certain people that work for the city actually meet. Is this soft enough?
Jan 20, 2009 at 1 p.m.
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I just read this
"Eric Levitt's Management Philosophy and Expectations"
From what I can see, B Davis meets 1 out of 7 and that one is questionable.
Jan 20, 2009 at 12:54 p.m.
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Just how much can she get away with? I guess it helps to have a friend at the Gazette write articals about/for you. Too bad this situation pushed M Williams into retirement and caused so little trouble for B Davis
Jan 20, 2009 at 12:45 p.m.
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Eric Levitt's Management Philosophy and Expectations can be found on Yuri Rashkin's Blog:
http://www.yurirashkin.com/
Jan 20, 2009 at 12:25 p.m.
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Boy, I hope she is counting her blessings. I have seen people fired for things far, far, far less damaging.
Jan 20, 2009 at 12:23 p.m.
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..."Davis, too, said she looks forward to working with the new city manager." She popped out of the wringer and still kept her job! Of course SHE looks forward to moving on! How many places can you work and violate a policy regarding disclosure of confidential personnel information and still keep your job? You go girl! You have the world by the tail apparently.
Jan 20, 2009 at 12:06 p.m.
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Congrats to B Davis, she got away with another one......
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