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ETHICS BOARD

Regular Meeting

Milwaukee, WI · July 20, 2020

AgendaMinutes

Minutes

200 E. Wells Street City of Milwaukee Milwaukee, Wisconsin 53202 Meeting Minutes ETHICS BOARD PATRICIA HINTZ, CHAIR, Bradley Kalscheur, Vice-Chair Michael Kruse, Whitney Maus, Clarence Nicholas, Kathleen Johnson, and Emily Mueller Staff Assistant, Molly Kuether-Steele, 286-2775 Fax: 286-3456, molly.kuether-steele@milwaukee.gov Legislative Liaison, Alex Highley, 286-8661, Alex.Highley@milwaukee.gov Monday, July 20, 2020 1:30 PM Virtual Meeting Call in number: +1 (872) 240-3212 Access Code: 461-126-381 1. Roll call and approval of the minutes from the previous meeting. The meeting convened at 1:38 PM Mr. Nicholas joined the meeting at 1:40 PM Mr. Kalscheur moved approval of the minutes of the previous meeting, seconded by Ms. Johnson. There were no objections. Present: 6 - Hintz, Kalscheur, Kruse, Maus, Nicholas, Johnson Excused: 1 - Mueller 2. The Board may convene into closed session, pursuant to s. 19.85(1)(b), Wis. Stats., to consider the dismissal, demotion, licensing or discipline of any public employee or person licensed by a board or commission or the investigation of charges against such person, and the taking of formal action on any such matter, and/or s. 19.85(1)(h), Wis. Stats., to consider a request for confidential written advice. The Board will then reconvene into open session as authorized by s. 19.85(2), Wis. Stat., to continue with the remainder of the agenda. Mr. Kalscheur moved to convened in to closed session, seconded by Ms. Maus. There were no objections. The Board convened in to closed session at 1:40 PM. The Board reconvened in to open session at 2:27 PM. The Chair stated the Board discussed 2 complaints in closed session. 3. Jurisdictional and sufficiency determination regarding the complaint filed by Nicholas McVey against current and former Milwaukee Common Council members. The Chair moved that the complaint be dismissed for failure to state a complaint in which the Board has jurisdiction, seconded by Mr. Kalscheur. There were no objections. 4. Motion authorizing an investigation into the circumstances detailed in the complaint filed by Nicholas McVey against current and former Milwaukee Common Council members. This was unnecessary because the complaint was dismissed. City of Milwaukee Page 1 ETHICS BOARD Meeting Minutes July 20, 2020 5. Jurisdictional and sufficiency determination regarding the complaint filed by Dale Bormann against Steven DeVougas. The Chair stated the Board received a letter from Commissioner DeVougas's attorney shortly before the meeting. She stated that a portion of the complaint filed by Dale Bormann of the Milwaukee Police Association cited an older version of the Ethics Code in one of their allegations, and that the new location of this cited provision is 303-5-11 a-b. The Chair moved for a finding that allegations #1, #3, and #4 of the complaint were within the jurisdiction of the Ethics Board, as they each alleged facts sufficient to constitute a violation of the Ethics Code, and dismissing allegation #2 of the complaint for lack of jurisdiction, seconded by Ms. Johnson. There were no objections. 6. Motion authorizing an investigation into the circumstances detailed in the complaint filed by the Milwaukee Police Association against Steven DeVougas. Ms. Hintz made a motion to authorize an investigation into allegation #1 of the complaint filed by Dale Bormann of the Milwaukee Police Association, which alleges that FPC Commissioner DeVougas’ conduct at a police interview that occurred on August 14, 2019, at the Sojourner Family Peace Center violated provisions set forth in 303-5, and into allegation #s 3-4 of the complaint, which allege that Commissioner DeVougas left information off of his statements of economic interests in violation of 303-11 and 303-13, and that the investigation into these allegations be sent to the Ethics Board Investigation Committee, seconded by Ms. Johnson. There were no objections. Ms. Hintz stated that the membership of the Investigation Committee hasn't been determined yet, and asked for Board members willing to volunteer to be on the Committee, but stated that she would appoint members if there were not enough volunteers. Mr. Nicholas stated he would like to be on the Committee. 7. Report from staff relating to office activities of the previous month. Ms. Kuether-Steele asked about a possible time frame for handling complaints and requests for opinions. Ms. Hintz stated the Board will continue to meet on an as needed basis. 8. Review newly filed Statement of Economic Interest Forms for clarity and completeness. The Board accepted the newly filed statements of economic interest for Lafayette Crump and Claire Woodall-Vogg. 9. Set next meeting date(s). The next meeting was set for Monday, August 24th at 1:30 PM. Mr. Kalscheur moved to adjourn the meeting, seconded by Ms. Johnson. There were no objections. The meeting adjourned at 2:44 PM. Molly Kuether-Steele Staff Assistant City of Milwaukee Page 2

Agenda

200 E. Wells Street City of Milwaukee Milwaukee, Wisconsin 53202 Meeting Agenda ETHICS BOARD PATRICIA HINTZ, CHAIR, Bradley Kalscheur, Vice-Chair Michael Kruse, Whitney Maus, Clarence Nicholas, Kathleen Johnson, and Emily Mueller Staff Assistant, Molly Kuether-Steele, 286-2775 Fax: 286-3456, molly.kuether-steele@milwaukee.gov Legislative Liaison, Alex Highley, 286-8661, Alex.Highley@milwaukee.gov Monday, July 20, 2020 1:30 PM Virtual Meeting Call in number: +1 (872) 240-3212 Access Code: 461-126-381 1. Roll call and approval of the minutes from the previous meeting. 2. The Board may convene into closed session, pursuant to s. 19.85(1)(b), Wis. Stats., to consider the dismissal, demotion, licensing or discipline of any public employee or person licensed by a board or commission or the investigation of charges against such person, and the taking of formal action on any such matter, and/or s. 19.85(1)(h), Wis. Stats., to consider a request for confidential written advice. The Board will then reconvene into open session as authorized by s. 19.85(2), Wis. Stat., to continue with the remainder of the agenda. 3. Jurisdictional and sufficiency determination regarding the complaint filed by Nicholas McVey against current and former Milwaukee Common Council members. 4. Motion authorizing an investigation into the circumstances detailed in the complaint filed by Nicholas McVey against current and former Milwaukee Common Council members. 5. Jurisdictional and sufficiency determination regarding the complaint filed by Dale Bormann against Steven DeVougas. 6. Motion authorizing an investigation into the circumstances detailed in the complaint filed by the Milwaukee Police Association against Steven DeVougas. 7. Report from staff relating to office activities of the previous month. 8. Review newly filed Statement of Economic Interest Forms for clarity and completeness. 9. Set next meeting date(s). City of Milwaukee Page 1 Printed on 7/16/2020 ETHICS BOARD Meeting Agenda July 20, 2020 NOTE: a) Members of the Common Council, and members of its Standing Committees who are not members of this Committee, may attend this meeting to participate or to gather information. Therefore, notice is given that this meeting may constitute a meeting of the Common Council or any of its Standing Committees, and must be noticed as such, although they will not take any formal action at this meeting. Times for specific agenda items are estimations. If items cannot be heard at their specified times, they will be heard as soon as practicable thereafter. b) Upon reasonable notice, efforts will be made to accommodate the needs of persons with disabilities through sign language interpreters or auxiliary aids. For additional information or to request this service, contact the Council Services Division ADA Coordinator at 286-2998, (FAX)286-3456, (TDD)286-2025 or by writing to the Coordinator at Room 205, City Hall, 200 E. Wells Street, Milwaukee, WI 53202. c) Limited parking for persons attending meetings in City Hall is available at reduced rates (5 hour limit) at the Milwaukee Center on the southwest corner of East Kilbourn and North Water Street. Parking tickets must be validated in Room 205, (City Clerk's Office) or the first floor Information Booth in City Hall. d) Effective July 1, 2005, persons engaged in lobbying as defined in s. 305-43-4 of the Milwaukee Code of Ordinances are required to register with the City Clerk's Office License Division. More information is available at www.milwaukee.gov/lobby or by calling 414-286-2238. City of Milwaukee Page 2 Printed on 7/16/2020