MONROE - An attorney representing a Monroe woman says her constitutional rights are being violated by being banned from the Behring Senior Center.
The City of Monroe Senior Citizens Board set a tentative date of Dec. 2 for a formal hearing regarding a code of conduct violation and subsequent banning of Edith Milestone, Monroe, from the Senior Center. The hearing will be at 1 p.m. in the center's second-floor conference room.
Milestone's attorney, Raymond Clausen, Madison, told the board Thursday that banning Milestone from the Senior Center was a violation of her constitutional rights to free speech and due process.
Board President Bill Schwaiger said a letter had been sent to Milestone informing her that she no longer could participate in the center's programs, after having violated a code of conduct policy, "one of many incidents."
The center "sent the letter telling her she did not live up to the code and outlined the violations," Schwaiger said.
Milestone "disagreed with some things we said," Schwaiger continued.
Schwaiger said Milestone responded with a letter to the center. She "explained her side in the letter," and alleges that the incident leading to the ban needed clarification, he said.
"The code of conduct is not enforceable," and includes no penalties to impose, Clausen said.
"They made up the penalty without due process and without a chance for her to defend herself," Clausen said.
Clausen appeared before the board to request a formal hearing, and for the City of Monroe to demonstrate how Milestone violated the conduct code and what the punishment is.
Senior Center Director Tammy Derrickson verified the conduct policy is posted in the center. She said the code was reviewed by City Attorney Rex Ewald before it was approved by the board.
Derrickson said the past incident reports have been sent to the office of city attorneys Rex Ewald and Dan Bartholf in Monroe. Clausen verified he had been given copies of the reports by the city attorneys.
Bartholf told the board witnesses could be called at the hearing and could be subpoenaed, if necessary. Clausen will be allowed to ask questions of the witnesses.
At least one member of the board may be a witness and would need to abstain from voting in the board's decision.
The decision of the board can be appealed the Monroe City Council.
The City of Monroe Senior Citizens Board set a tentative date of Dec. 2 for a formal hearing regarding a code of conduct violation and subsequent banning of Edith Milestone, Monroe, from the Senior Center. The hearing will be at 1 p.m. in the center's second-floor conference room.
Milestone's attorney, Raymond Clausen, Madison, told the board Thursday that banning Milestone from the Senior Center was a violation of her constitutional rights to free speech and due process.
Board President Bill Schwaiger said a letter had been sent to Milestone informing her that she no longer could participate in the center's programs, after having violated a code of conduct policy, "one of many incidents."
The center "sent the letter telling her she did not live up to the code and outlined the violations," Schwaiger said.
Milestone "disagreed with some things we said," Schwaiger continued.
Schwaiger said Milestone responded with a letter to the center. She "explained her side in the letter," and alleges that the incident leading to the ban needed clarification, he said.
"The code of conduct is not enforceable," and includes no penalties to impose, Clausen said.
"They made up the penalty without due process and without a chance for her to defend herself," Clausen said.
Clausen appeared before the board to request a formal hearing, and for the City of Monroe to demonstrate how Milestone violated the conduct code and what the punishment is.
Senior Center Director Tammy Derrickson verified the conduct policy is posted in the center. She said the code was reviewed by City Attorney Rex Ewald before it was approved by the board.
Derrickson said the past incident reports have been sent to the office of city attorneys Rex Ewald and Dan Bartholf in Monroe. Clausen verified he had been given copies of the reports by the city attorneys.
Bartholf told the board witnesses could be called at the hearing and could be subpoenaed, if necessary. Clausen will be allowed to ask questions of the witnesses.
At least one member of the board may be a witness and would need to abstain from voting in the board's decision.
The decision of the board can be appealed the Monroe City Council.