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ETHICS BOARD INVESTIGATION COMMITTEE

Regular Meeting

Milwaukee, WI · August 10, 2020

AgendaMinutes

Minutes

200 E. Wells Street City of Milwaukee Milwaukee, Wisconsin 53202 Meeting Minutes ETHICS BOARD INVESTIGATION COMMITTEE 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, August 10, 2020 1:30 PM Virtual Meeting To participate in the meeting please register at https://attendee.gotowebinar.com/register/8930364691463647501 The meeting convened at 1:36 PM Individual also present: Asst. City Attorney Peter Block Present: 7 - Hintz, Kalscheur, Maus, Nicholas, Mueller, Johnson, Kruse 1. Discussion and vote on whether to suspend Board Rule III, Art. II, Sec. 1, regarding meeting in closed session. The Chair stated she's asking for waiver of this rule for today's meeting because the discussion is procedural in nature. The Chair moved, seconded by Mr. Nicholas to suspend Board Rule III, Art. II, Sec. 1 for today's meeting. There were no objections. 2. Discussion of procedural questions pertaining to the investigation of Commissioner Steven DeVougas. The Chair gave a brief background of the complaint filed by Dale Bormann against Commissioner Steven DeVougas. She also discussed the Board rules and procedures pertaining to investigations. 3. Discussion regarding what specific items that Committee members wish to be included as part of the investigation of Commissioner Steven DeVougas. The Chair stated there needs to be clarification in what capacity Commissioner DeVougas was serving in during the August 2019 police interview. She added that the Committee should review the interviews conducted by Former US Attorney Mel Johnson. Ms. Johnson stated she would also like to review the information retrieved by Mr. Johnson. The Chair stated she would like to review documents and tax records regarding City of Milwaukee Page 1 ETHICS BOARD INVESTIGATION Meeting Minutes August 10, 2020 COMMITTEE Commissioner DeVougas' income as it relates to the Haywood Group. 4. Discussion and vote relating to hiring an outside investigator and/or prosecutor with regard to the investigation of Commissioner Steven DeVougas. The Chair recommended hiring an outside investigator for the first allegation because this investigation will involve an extensive amount of time and there is no expertise in investigations. Mr. Kalscheur agreed that the Committee could review the financial documents pertaining to the statements of economic interest addressed in allegations #3-4. The Chair moved, seconded by Mr. Nicholas to hire an outside investigator for allegation #1 of the complaint. There were no objections. 5. Discussion and vote on the issuance of subpoenas or ordering of depositions with regard to the investigation of Commissioner Steven DeVougas. The Chair stated in the interest of time, the Committee should issue subpoenas to Commissioner DeVougas for financial records as they pertain to allegations #3-4 in the complaint. The Chair moved, seconded by Ms. Johnson to prepare subpoenas directed to the Fire and Police Commission for the video and transcript of the August 2019 interview at the Sojourner Family Peace Center, and the reports of interviews the 17 witnesses conducted by Mel Johnson during his investigation for the Fire and Police Commission. There were no objections. ACA Block asked members to contact him with any further items they would like to subpoena to be discussed at the next meeting. 6. Discussion relating to source of funds for the investigation of Commissioner Steven DeVougas. Ms. Kuether-Steele stated the Committee will need to send a letter to the Budget Office asking for funds from the Special Purpose Account. The Chair stated the Committee will need to solicit recommendations from the City Attorney's Office for investigators and outside counsel. 7. Discussion relating to the potential timeline of the investigation of Commissioner Steven DeVougas. The Chair stated the timeline will be better determined once an outside investigator is contracted. She added that the timeline is months and not weeks. She stated that at the next meeting she would like to interview potential investigators. 8. Set next meeting date(s). The next meeting was set for the week of September 7th. The meeting adjourned at 2:28 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 INVESTIGATION COMMITTEE 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, August 10, 2020 1:30 PM Virtual Meeting To participate in the meeting please register at https://attendee.gotowebinar.com/register/8930364691463647501 1. Discussion and vote on whether to suspend Board Rule III, Art. II, Sec. 1, regarding meeting in closed session. 2. Discussion of procedural questions pertaining to the investigation of Commissioner Steven DeVougas. 3. Discussion regarding what specific items that Committee members wish to be included as part of the investigation of Commissioner Steven DeVougas. 4. Discussion and vote relating to hiring an outside investigator and/or prosecutor with regard to the investigation of Commissioner Steven DeVougas. 5. Discussion and vote on the issuance of subpoenas or ordering of depositions with regard to the investigation of Commissioner Steven DeVougas. 6. Discussion relating to source of funds for the investigation of Commissioner Steven DeVougas. 7. Discussion relating to the potential timeline of the investigation of Commissioner Steven DeVougas. 8. Set next meeting date(s). 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. 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. City of Milwaukee Page 1 Printed on 8/7/2020 ETHICS BOARD INVESTIGATION Meeting Agenda August 10, 2020 COMMITTEE As the number of members of the Ethics Board Investigation Committee constitutes a quorum of the full Ethics Board, this meeting also simultaneously constitutes a meeting of the full Ethics Board. No actions, other than the actions identified in the above notice will be taken by the full Ethics Board, other than information gathering. 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 8/7/2020