Wausau Ethics Board delays hearing on complaint against Mayor Doug Denny, orders further investigation

The Wausau Ethics Board voted 4-1 to reschedule a hearing on an ethics complaint against Mayor Doug Denny for approximately 120 days and authorized additional investigative steps after city officials said testifying could affect a concurrent Wisconsin Department of Justice probe.

Chair of the Wausau Ethics Board said the board had invited City Attorney Anne Jacobson and City Clerk Caitlin Bernardi to clarify whether they would testify at the April 30 hearing and to identify categories of information being withheld; both had indicated they likely would not attend because of the DOJ investigation and attorney-client and evidentiary concerns.

"I would inform the board that at least 5 additional witnesses exist with direct and personal knowledge of this matter ... which I cannot do," City Attorney Anne Jacobson wrote, the chair read into the record. Jacobson also asked the board to consider "an adjournment of 90 to 120 days" to allow additional subpoenas, pre-hearing depositions, and an opportunity for the parties to meet on a possible agreed statement of facts.

Attorney Larson, counsel to the board, said the postponement would help protect due process while allowing discovery to proceed. "One of our goals of our process is to ensure that it's fair and it provides due process," Larson said.

Board member Brian Mason moved to dismiss the complaint without prejudice because of the ongoing DOJ investigation and the unavailability of key witnesses. "I move that the ethics board of the city of Wausau dismiss the pending ethics complaint against Mayor Doug Denny without prejudice," Mason said. His motion failed for lack of a second and was not considered further.

The board then voted to reschedule the hearing for about 120 days. The motion to reschedule was approved 4-1; the board did not record individual roll-call votes in the discussion for the public record, only the tally.

Separately, the board approved a motion to conduct additional investigation, including issuing investigative orders to potential witnesses and possibly to complainants. That motion passed with four members in favor and one abstention.

Board members and counsel discussed practical next steps: Attorney Larson said he had sought and obtained a list of names referenced in correspondence and would coordinate with the chair to prepare investigative orders. The board also agreed that subpoenas already issued to the city attorney and city clerk will be extended to the rescheduled hearing so those parties have no obligation to appear on the originally scheduled date.

Members noted legal and procedural limits on the board’s timeline. The chair reminded the group that the board’s ordinance includes a 12-month limitation tied to the conduct alleged in the complaint, meaning dismissal now could risk forfeiting a later adjudication if no further action is taken within that period.

Board members discussed scheduling a follow-up meeting to draft investigative orders; they tentatively discussed the week of May 19, with May 20 as a possible date and a 4 p.m. start time to accommodate participants. The board did not set a specific calendar date for the rescheduled hearing; the deputy clerk will poll members and set a date near 120 days out and notify parties.

The meeting concluded with brief comments thanking departing board member Brian Mason for his service; Mason reiterated he will step down when his term ends on April 30.

The board’s actions were procedural: the complaint remains pending, subpoenas are extended to the rescheduled date, and the board will pursue additional investigation and witness subpoenas to gather more evidence before the new hearing date.