Wausau City Hall. MWC photo by Mike Leischner
WAUSAU, WI (WSAU) — There will be no Ethics hearing on Friday regarding a complaint against Mayor Doug Diny.
The board voted to adjourn Friday’s hearing after two key witnesses, City Clerk Kaitlyn Bernarde and Attorney Anne Jacobson, failed to sit for depositions with Attorney Andrew Erlandson, who is representing Diny in the matter. He says they can’t move forward until they cooperate. “The rules that govern these proceedings are clear. Mayor Diny is entitled to prehearing discovery as a matter of due process,” said Erlandson. “I’ve had an open invitation for the Clerk and the Attorney to tell me what day works. But they will not appear.”
Jacobson and Bernarde have previously cited the ongoing state investigation into the matter as a reason not to comment. Though Erlandson said they’ve also noted that they can’t do so without legal representation. That attorney, Sam Hall, has reached his funding cap. Hall was initially assigned to the case by CIVMIC (Cities and Villages Municipal Insurance Company) shortly after the incident blew up last fall. CIVMIC initially paid the legal fees for Hall’s services, but those later fell to the city.
The Council previously approved up to $10,000 and will consider further payments during next Tuesday’s meeting.
Wednesday’s hearing also brought the first indication from a current board member that dismissing the matter outright may be an option. Chair Calvin Dexter noted that they have the option to “dismiss everything right now, throw [our] hands up and say ‘there is nothing we can do.’
“But, I think we have a duty as an ethics board to try to get a favorable outcome, making [the process] work,” added Dexter. “It has been frustrating, I’ve expressed my frustrations, that there hasn’t been cooperation from two potential witnesses. I know it must be extremely frustrating for Attorney Erlandson. But there has been some change in circumstances that makes it worthwhile to give it one more try,” added Dexter.
The complaint centers on Diny’s handling of a locked, unsecured municipal dropbox placed outside City Hall over a weekend in September 2024. Clerk Bernarde had intended to have the box installed and opened to receive completed absentee ballots ahead of the 2024 Presidential Election. Diny brought the box into his office on a Sunday, saying he did so for safekeeping. That led to a nearly week-long back-and-forth between the two, during which Bernarde turned the matter over to the Marathon County District Attorney as an election irregularity. Diny ultimately returned the box later in the week, and it was secured and opened.
The Board will meet next week to firm up plans for another possible hearing. It was also announced that the sides have agreed to a statement of fact in the matter, but the document has not been signed.
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