Wausau City Hall. MWC file photo
WAUSAU, WI (WSAU) — The Wausau Ethics Board voted to conclude its investigation into Mayor Doug Diny’s handling of a locked, unsecured municipal dropbox, finding probable cause that the move violated the city’s ethics code.
Board members met for more than 90 minutes on Thursday, determining that the Mayor knowingly went against City Clerk Kaitlyn Bernarde’s wishes to have the box installed and used to collect completed absentee ballots ahead of the 2024 Presidental Election. “Acting in his official capacity as Mayor, [Diny] knowingly acted in excess of his lawful authority by interfering with the Clerk’s plan to deploy an absentee ballot dropbox.
“[He] was clearly aware of that plan,” added Dexter. “[He] interfered with that plan on Sunday, September 22nd by confiscating the locked, empty box and holding it in the Mayor’s office until September 29th.”
But Diny’s attorney, Andy Erlandson, said the board can’t say they have complete findings just yet. In an exchange with Chairman Dexter, he noted that Bernarde and City Attorney Ann Jacobson have yet to provide sworn statements as requested by the board in late February. “We have fully complied. This body, as is its prerogative, has elected to go forward and make a probable cause determination and close its investigation without that response. We object to any hearing unless and until the City Clerk and City Attorney complete their investigative response.”
Earlier in the meeting, the Board noted that Clerk Bernarde and Attorney Ann Jacobson didn’t submit statements because of the ongoing Wisconsin Department of Justice investigation into the action. Dexter said the request would amount to an open-ended “shut down” of the Board’s proceedings. “I’m asking for justice and due process,” said Erlandson.
“We’re talking about a hearing date, which has to be within 30 days of today’s date unless you petition for a later date, and I’ll take that as a petition. But you have not specified what later date,” said Dexter. “It’s 30 days after the City Attorney and the City Clerk make complete responses to the investigative demand issued by this board,” responded Erlandson.
Attorney Eric Larson of Waukesha-based Municipal Law and Litigation Group stepped in, saying the board voted to close its investigation earlier in the meeting. This meant they considered the investigation resolved despite not getting a response from Jacobson and Bernarde.
“The petition is that Mayor Diny not be required to submit to a hearing on this issue unless and until the City Attorney and the City Clerk make a complete response,” said Erlandson.
“Your petition has been noted but it does not assist us in setting a date for the hearing,” Dexter responded.
RELATED: Wausau Mayor Removes Absentee Ballot Dropbox Last Weekend, Citing “Security”
Diny has maintained that he took the box into his office for safekeeping, saying anyone could have walked off with it. He says he also had security concerns that needed to be addressed before he would have felt comfortable deploying the box, such as better lighting and security cameras.
The Board has also voted to subpoena Clerk Bernarde and City Attorney Ann Jacobson to testify at a hearing related to the complaint, which was scheduled for Wednesday, April 30th.
Editors note: a previous version of this story incorrectly identified Mayor Diny’s attorney.
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