MONROE - In September of 2013, members of the Monroe Salary and Personnel committee were charged with violating state open meetings law for failing to give proper public notice of a meeting that ultimately resulted in a department head's firing. Two years later, the trial date is approaching, with the final pre-trial hearing set for Friday at the Green County Courthouse.
An oral ruling is scheduled for 3 p.m. Wednesday. In the telephone hearing, Dane County Circuit Court Judge Rhonda Lanford will rule on a motion which will affect the composition of the trial. In response to the defendant's request for a jury trial, intervening plaintiff Alan Eckstein, the former utilities director for the city of Monroe, is asking the option of a jury trial to be revoked.
The state has filed a supporting motion indicating that the right to a jury trial for the violation is not constitutional because when the Wisconsin Constitution was adopted, there was no offense similar to the open meeting laws violation; open meeting laws were not exercised within the state until 1969.
The state filed charges after Eckstein said he was fired during a closed session in an action that wasn't included on the agenda prior to the meeting. In his complaint to District Attorney Gary Luhman on Oct. 24, 2013, Eckstein said no public citizen would be "reasonably likely" to expect the action.
"The city took action in closed session when it should have been handled in open session," Luhman said.
Present at the time of the meeting were Aldermen Brooke Bauman, Louis Armstrong and Chris Beer. Former Alderman Charles Schuringa was also at the meeting on Sept. 10, 2013. Council member Reid Stangel was observing the proceedings, as was City Attorney Rex Ewald. Assistant City Administrator Martin Shanks took minutes for the meeting.
The city denies allegations that the committee members violated the state open meeting law. Attorney Gregg Gunta, who was hired to defend the committee members charged, including Armstrong, Stangel, Bauman and Schuringa, stated that Eckstein's claims are "disingenuous," and that he "essentially asks" City Administrator Phil Rath to see into the future regarding what exactly would be presented to the committee after the agenda was drafted and to know what actions would be taken once they had been brought to committee members.
After the closed session, Eckstein said he received a letter from City Attorney Rex Ewald and signed by Rath indicating Eckstein could either resign or be terminated. Because Eckstein did not resign, the termination was referred to the Monroe Common Council. On Sept. 17, council went into closed session under different statute subparagraphs to discuss ending Eckstein's employment. Upon returning to open session, the council voted 5-4 to fire him.
The penalty for knowingly violating a state open meeting law is a fine of $25 to $300 for each violation. In addition, the court may void any action taken at a meeting held in violation of the open meeting law.
An oral ruling is scheduled for 3 p.m. Wednesday. In the telephone hearing, Dane County Circuit Court Judge Rhonda Lanford will rule on a motion which will affect the composition of the trial. In response to the defendant's request for a jury trial, intervening plaintiff Alan Eckstein, the former utilities director for the city of Monroe, is asking the option of a jury trial to be revoked.
The state has filed a supporting motion indicating that the right to a jury trial for the violation is not constitutional because when the Wisconsin Constitution was adopted, there was no offense similar to the open meeting laws violation; open meeting laws were not exercised within the state until 1969.
The state filed charges after Eckstein said he was fired during a closed session in an action that wasn't included on the agenda prior to the meeting. In his complaint to District Attorney Gary Luhman on Oct. 24, 2013, Eckstein said no public citizen would be "reasonably likely" to expect the action.
"The city took action in closed session when it should have been handled in open session," Luhman said.
Present at the time of the meeting were Aldermen Brooke Bauman, Louis Armstrong and Chris Beer. Former Alderman Charles Schuringa was also at the meeting on Sept. 10, 2013. Council member Reid Stangel was observing the proceedings, as was City Attorney Rex Ewald. Assistant City Administrator Martin Shanks took minutes for the meeting.
The city denies allegations that the committee members violated the state open meeting law. Attorney Gregg Gunta, who was hired to defend the committee members charged, including Armstrong, Stangel, Bauman and Schuringa, stated that Eckstein's claims are "disingenuous," and that he "essentially asks" City Administrator Phil Rath to see into the future regarding what exactly would be presented to the committee after the agenda was drafted and to know what actions would be taken once they had been brought to committee members.
After the closed session, Eckstein said he received a letter from City Attorney Rex Ewald and signed by Rath indicating Eckstein could either resign or be terminated. Because Eckstein did not resign, the termination was referred to the Monroe Common Council. On Sept. 17, council went into closed session under different statute subparagraphs to discuss ending Eckstein's employment. Upon returning to open session, the council voted 5-4 to fire him.
The penalty for knowingly violating a state open meeting law is a fine of $25 to $300 for each violation. In addition, the court may void any action taken at a meeting held in violation of the open meeting law.