Darien board to meet about police chief
If you go
The meeting is scheduled for 7 p.m. at the Darien Public Library, 47 Park St., Darien.
Photo 
Evelyn Etten
Photo
Marc Dennison
Photo
Steve DeVoy
DARIEN — The Darien Village Board President said she's concerned the village administrator apparently has directed negotiations with the fired police chief without the full board's knowledge.
President Evelyn Etten has called a special meeting for tonight and has filed a complaint against Administrator Marc Dennison with the Walworth County Sheriff's Office. The complaint alleges violations of the Wisconsin Open Meetings Law, she said.
Fired Police Chief Steve DeVoy's disciplinary hearing is scheduled to begin Monday.
At its meeting tonight, the board will get a report from Hazelbacker and Associates, the Madison law firm hired to work on the DeVoy case, village attorney David Danz said.
The board also will talk in closed session about another personnel matter, Etten said.
The board could come back into open session for one or more votes, Danz said.
Etten is concerned that negotiations between village attorneys and attorneys for DeVoy have been ongoing without the approval or even the knowledge of the full village board.
In her complaint filed with the sheriff's office, Etten accuses Dennison of violating the Wisconsin Open Meetings Law by talking to some but not all of the board members about the negotiations, she said.
Dennison has "excluded" three board members, including herself, from the conversation, Etten said.
In addition, Dennison does not have the authority to negotiate for the village, Etten said.
"He (Dennison) has no authority to be acting on behalf of the board," Etten said. "His authority only goes to the day-to-day running of the village."
Dennison told the Gazette he did not direct negotiations. He did call four board members to ask if they were willing to negotiate, he said.
Dennison said attorneys intended to save tax dollars by talking to DeVoy before his hearing, which is scheduled to start Monday.
The board has not talked about or taken action on DeVoy's pending hearing, Etten said.
For now, the hearing is scheduled to start Monday.
The chief hasn't worked in the village since Dec. 1, when a village employee found surveillance cameras in the police department.
While investigating the cameras, attorneys found information suggesting DeVoy violated village computer policy and had an inappropriate relationship with a subordinate.
That information led the village board to fire DeVoy on a split vote on March 7.
The village planned to hold a hearing to make the board decision official.
The agenda for tonight's meeting will be posted this morning.
Because the circumstances are "exigent," 24-hour notice is not required for the posting, Danz said.
"When you're in negotiations, it's always going to be a day-to-day thing," Danz said.
Jul 19, 2009 at 6:41 p.m.
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BadgerFanMom
"I am not being PAID by the village to proofread!'
But you are proud to point out the errors of someone whose job you could never do.
Jul 17, 2009 at 1:11 a.m.
Jul 16, 2009 at 7:44 p.m.
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Excellent comment Badger Fan,Corn Crib can be rather cobbie.However it was the best agenda scence MR.Marc took over the city hall.
Jul 16, 2009 at 6:22 p.m.
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Cornchild
I am not being PAID by the village to proofread!
Jul 16, 2009 at 4:43 p.m.
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BadgerFanMom:
As of 4:00 PM today the posting in the Post Office has the correct date of posting, 15 July 09.
As for your transcription, please note the following errors on your part:
II. Pledge of ALLEGIANCE (NOT Allegience)
VIII. CLOSED SESSION
1. ... regarding negotiations and CONTINUING hearing from 7/20/09 to 8/24/09; (NOT contuning)
IX. OPEN SESSION
A. RECOMMENDATION(S) (NOT Reccommendation(s))
Date of Posting: July 16, 2009 (NOT Postion)
Mary had one character wrong on the posting, you had four errors that I could see. Not so easy, is it?
By the way, Mary is handling the office by herself all week because Mr. Dennison and Mr. Abel are in Green Bay for training.
Jul 16, 2009 at 4:28 p.m.
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spuds4gov
Malteese for Rock County Sheriff!
"Start over again in 2010
+
No we don't need the likes of him in our County. i have the perfect place for him in South Beloit he would fit right in ..
Jul 16, 2009 at 3:35 p.m.
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Thanks, BadgerFanMom!
Jul 16, 2009 at 2:58 p.m.
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VII. Motion to go into closed session / Roll Call vote
VIII. CLOSED SESSION
1. Report from Atty William Stanley, Hazelbaker & Associates Law Firm, regarding
results of his interviews with the Village of Darien Police Department Officers;
2. Report from Atty William Stanley, Hazelbaker & Associates Law Firm, regarding
DeVoy Hearing, regarding negotiations and contuning hearing from 7/20/09 to 8/24/09;
3. Discussion regarding the employment status of Village Administrator Marc Dennison;
4. Consideration of process of investigating allegations regarding Acting Chief of Police
and possible appointment of special investigator.
B. Motion to Reconvene in Open Session / Roll Call Vote
IX. OPEN SESSION
A. Reccommendation(s) and Motion(s) if any, coming from business discussed in Closed
Session which relate(s) to the matters contained in the aforenoted Chief Presiding Officer's
announcement of the closed session.
B. Village Attorney appointment process.
X. Adjournment
Date of Postion: July 16, 2009
at 5:00 pm Posted by Mary Schneider as requested by Village President,
Evelyn Etten and seconded by Trustee Debi Olmstead
Jul 16, 2009 at 2:58 p.m.
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Official Notice
Open/Closed/Open Session
Village of Darien
Board of Trustees Meeting
Darien Library, Conference Room
Thursday, July 16, 2009
7:00 pm
The citizens of the village of Darien are hereby notified that the Board of Trustees if the
Village of Darien will hold an open/closed/open session meeting on Thursday, July 16.2009
at 7:00 pm at the Village Library, 47 N. Park Street, Darien, WI 53114
AGENDA
I. Call to order
II. Pledge of Allegience
III. Roll Call
IV. OPEN SESSION
V. Notice of intent to go into closed session to be held pursuant to the exception(s) in Section(s) 19.85(1)(b), Section(s) 19.85 (1)(f)
and section(s) 19.85 (1)(g). Wis Stat., which state, in part, as follows:
19.85 (1)(b) Considering dismissal, demotion, licensing or discipline of
any public employee or person licensed by a board or commission
or the investigation of charges against such person, or considering
the grant or denial of tenure for a university faculty member, and
the taking of formal action on any such matter; provided that the
faculty member or other public employee or person licensed is
given actual notice of any evidentiary hearing which may be held
prior to final action being taken and of any meeting at which final
action may be taken. The notice shall contain a statement that the
person has the right to demand that the evidentiary hearing or
meeting be held in open session. This paragraph and par. (f) do
not apply to any such evidentiary hearing or meeting where the
employee or person licensed requests that an open session be held.
(f) Considering financial, medical, social or personal histories
or disciplinary data of specific persons, preliminary consideration
of specific personnel problems or the investigation of charges
against specific persons except where par. (b) applies which, if
discussed in public, would be likely to have a substantial adverse
effect upon the reputation of any person referred to in such histories
or data, or involved in such problems or investigations.
(g) Conferring with legal counsel for the governmental body
who is rendering oral or written advice concerning strategy to be
adopted by the body with respect to litigation in which it is or is
likely to become involved.
VI. Announcement by the chief presiding officer to those present of the nature of the
business to be considered at the closed session.
Jul 16, 2009 at 12:47 p.m.
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bulletproof- my point was if the meeting was going to be last night and they intended to post the notice 2 hours before, yet now it will be tonight, what are the exigent circumstances that allow the posting to be less than 24 hours now? If the notice had been posted last night as previously planned, I would not be asking this question. Danz could make an argument for exigent circumstances in posting 2 hours before last night's meeting, but not tonight's.
Jul 16, 2009 at 12:33 p.m.
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Also, note the specificity in the excerpt from the Janesville notice that MikeF posted.
The practice in Darien has been to just quote the statute granting the exception. That is insufficient. The Jvl notice cited the statute, the went on to include, "specifically setting the negotiation/bargaining terms and conditions for investing public funds and/or for an industrial redevelopment agreement, and/or TIF redevelopment agreement; and related business." THAT is a lawful notice. If the portion I quoted here were not included (as has typically been the case in Darien), there would be a violation due to insufficiency of notice.
Jul 16, 2009 at 12:28 p.m.
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Bullett: I posted about this on a different forum. If the Village was involved in a suit that was being tried this week, and the jury had returned a verdict, then an exigency might exist for the Board to consider settlement before the penalty phase of the trial began, the next day.
In this case, the hearing was not less than 24 hours in the future. Therefore, there was no exigency that would preclude giving the public 24 hours' notice. Under the Open Meetings law, exigency must be a "real" exigency...not just a convenience. (and I'm not saying that in a sarcastic way)
Speaking of agendas, does anyone have a copy of the agenda for tonight's meeting? I would appreciate it if someone could send it to me!
Jul 16, 2009 at 12:14 p.m.
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That would be a good question for our legal counsel Danz and Mary (who is working in Dennison's absence)
Post the darn agenda!
Jul 16, 2009 at 12:07 p.m.
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MikeF I would think that if negotiations were ongoing without knowledge of the full board, presumably to settle out of court, and the hearing is set to begin Monday, that might constitute an emergency.
Jul 16, 2009 at 11:50 a.m.
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Malteese for Rock County Sheriff!
"Start over again in 2010"
Jul 16, 2009 at 11:44 a.m.
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I would have to disagree with Danz on the 24 hour posting rule. It has been known since at least 8:45pm Tuesday that the board would meet in closed session (there was an article about it posted here at that time). The exigent provision is for emergency situations. What emergency has arisen that allows the waiver of the 24 hour notice for a meeting? It is not like the agenda posted is actually going to detail exactly what direction the discussion is going in. That is why it is a "closed" meeting.
As an example, this is an agenda item from Jvl council meeting a month ago:"Consideration of a Motion to Convene into Closed Session, pursuant to Wisconsin State Statute Section 19.85(1)(e) for the purpose of deliberating or negotiating the investment of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically setting the negotiation/bargaining terms and conditions for investing public funds and/or for an industrial redevelopment agreement, and/or TIF redevelopment agreement; and related business." Does it state any real details? Why couldn't Darien have a similarly vague agenda item posted Wednesday morning?
Darien residents should be asking the question, "Why is information purposely being withheld until the last minute? What is there to hide?"
Jul 16, 2009 at 11:37 a.m.
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He called four board members. Hello? There are seven board members. Mr. Dennison doesn't seem to like playing by the rules.
Jul 16, 2009 at 2:40 a.m.
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Obviously no one is with you! Barney Fife wuld make a better chief than Malteese!
Jul 15, 2009 at 11:59 p.m.
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Michael Malteese for Chief! Who's with me?????
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