Doug Diny
WAUSAU, WI (WSAU) — The moving target that is the Ethics Board hearing on the complaint against Wausau Mayor Doug Diny has settled once more.
Board members have scheduled the hearing for Friday, October 10, at 10 AM. A final pre-hearing meeting was also scheduled for October 3rd to finalize the format for the trial-like procedure.
But those following the case should write that date in pencil, as it will likely depend on cooperation from two key witnesses: City Attorney Anne Jacobson and Clerk Kaitlyn Bernarde. So far, the pair has failed to appear for pre-hearing depositions with Diny’s attorney or provide the board with information on what their testimony could include, citing an ongoing state investigation in the matter.
Their lack of participation has frustrated many involved, including Diny’s attorney, Andrew Erlandson, and recently, members of the board itself. Earlier this month, Chair Calvin Dexter noted that they could “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.
Attorney Eric Larson confirmed that the board would have to issue new subpoenas for the hearing, which he would deliver to Deputy City Clerk Kody Hart.
RELATED: Wausau Ethics Board Adjourns Friday’s Hearing, Next Date TBD
The hearing could also be impacted if a City Council decision to extend funding for Attorney Sam Hall is vetoed. Alders approved the measure 10-0 on Tuesday, but Alder Tom Neal expressed his frustration with the situation. “I hope this process is done in a week. I hope it’s done in 10 days,” he said. “The city is spending money unnecessarily because of how this whole thing has come about. This cannot go on into the holidays and past the new year into the next year. It’s just ridiculous.”
Neal added that he didn’t see the vote as “ideal” or something he was happy to do. A report by the Wausau Pilot and Review shows the city has spent nearly $45,000 on legal fees for Hall and Larson, who was hired to guide the Board through the hearing.
The October 10th date also means that the hearing will occur more than one year after the action that sparked it: Diny’s handling of a locked, unsecured municipal dropbox left 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 because anyone could have walked away with it. 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.
Supporters of the Mayor applauded his actions, saying they feel ballot dropboxes compromise election integrity. Those opposed feel he may have violated election laws, leading to the complaint, which was submitted last winter.
RELATED: Wausau Ethics Board Postpones Hearing on Diny Complaint, One Member to Step Down
Previous hearing dates have been scheduled on April 30th and September 5th. Both were axed because of a lack of cooperation from Bernarde and Jacobson. The April date was also delayed so the board could collect additional evidence.
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