Emailed June 9, 2024, 4:11 PM
From: david.baker@marathoncountyspotlight.com
To: cvoll@kronenwetter.org, ceiden@kronenwetter.org, kcharneski@kronenwetter.org, kellycoyle@kronenwetter.org, avedvik@kronenwetter.org, amyszka@kronenwetter.org, cbuchkowskihoffmann@kronenwetter.org
Cc: pkampfer@kronenwetter.org
Kronenwetter Village Board Members,
Re-appointment of Village Clerk
I am requesting that the reappointment of the Village Clerk be removed from the June 10th, 2024 Village Board Consent Agenda and the question/resolution be divided to allow for separate votes for the re-appointment of the Village Clerk and Village Treasurer.
Furthermore, I am requesting that you vote no on the reappointment of the Village Clerk, including for the actions covered in the links below.
To be clear, I am not requesting that the Village Clerk’s employment be terminated at this time.
Kronenwetter Charter Ordinance No. 01-002(2) requires that the Village Clerk be appointed by the Village President at the April organizational meeting in even years and requires confirmation by a 2/3 vote of the Village Board. The Ordinance does not contain a provision allowing for this process to be delayed for political convenience or personal preference.
However, Village Ordinance Chapter 115 also allows the Village Clerk to continue service beyond the 2 year term.
§ 115-2. – Appointive officials.
Appointive officials need not be residents of the village, and shall hold their office for the term of two years and until reappointed or their successors is lawfully appointed and qualified.
In my opinion, it is not prudent to appoint the Village Clerk for another 2 year term when our elections have been run improperly, she has made errors on key records, and has demonstrated public insubordination. By voting no on the re-appointment, the Village Board retains the flexibility to factor the results of the WEC complaint in any possible future decision regarding the employment status of the Village Clerk.
HR-006 Progressive Discipline Policy
Wisconsin is an At-Will Employment State and the Village Handbook includes a provision for immediate discharge.
Depending on the circumstances involved, disciplinary action may include an oral
warning, a written warning, suspension without pay, or discharge. Progressive discipline may not be followed in all cases. Depending on the nature of the violation and other circumstances, including, but not limited to, the employee’s past conduct, one or more “steps” may be repeated or skipped. In some circumstances, immediate discharge may result.
Page 44 and Appendix One of the VOK Employee Handbook, Emphasis added
However it is my opinion – which I believe is shared by a number of other Village residents – that the Progressive Discipline Policy should be applied in this case, including the development of a formal performance improvement plan.
Of course, this matter should only be discussed in closed session.
Formal WEC Election Complaint Against a Number of Village Board Members
A key factor in my recommendation to choose the “Progressive Discipline Policy” route is my assessment that some members of the Village Board share responsibility for the Village’s failure to properly run recent elections. It seems unreasonable for the Village Board to terminate the employment of the Village Clerk for improperly running the recent elections when a significant part of the responsibility rests with members of the Village Board itself.
I am preparing a formal election complaint that will be filed in the near future with the Wisconsin Election Commission. It is my hope that the Village Board will use this complaint to reevaluate the Village’s election practices and will commit to following the Wisconsin State Statutes and Election Code in future elections.
References
Kronenwetter Village Clerk Chose Personal Preference over Wisconsin Election Code
“Revenge of the Staff” or Insubordination?
Kronenwetter Village Clerk Birk-LaBarge Threatens Trustee Charneski during Public Comments
Kronenwetter Village Clerk Fails Key Duty in $1.3 Million Purchase of Fire Truck
Thank you for considering this request,
David Baker
Kronenwetter, Wisconsin