Wausau Ethics Board adopts hearing rules, finalizes witness order ahead of Oct. 10 complaint hearing

The Wausau Ethics Board on Oct. 3 adopted temporary hearing procedures and approved an order of witnesses for an Oct. 10 hearing on a pending ethics complaint against Mayor Doug Denny.

The board also confirmed depositions for the city clerk and city attorney for Oct. 6, discussed subpoenas already issued to other witnesses, and agreed to hold deliberations in closed session after the hearing with a written decision to follow within seven days.

Board chair (name not specified) said the board was ready to proceed and discouraged further delay, saying, “I think it's time to get this thing dealt with.” Attorney Eric Larson, counsel to the board, confirmed respondents’ counsel had scheduled depositions: “I've been copied on their email exchange and, yes, that's my understanding.” Larson later said, "As a practical matter, the answer is no," when asked whether deposition transcripts would be available to the board before the hearing.

Why it matters: The procedural decisions set the framework for testimony and evidence in a high-profile complaint against the mayor, including who will be called first, how witnesses will be sworn, and how objections will be handled. A protective-order filing by respondents’ counsel could delay the hearing; the board emphasized it prefers to proceed on Oct. 10 unless a formal order requires postponement.

Board action and scheduling

The board voted unanimously to adopt the draft hearing procedures distributed at the meeting. Those procedures specify seating arrangements, the order of questioning (chair first, then board members on recognition), a rotating system for administering oaths or affirmations, limits on approaching witnesses, and that the chair will rule on evidentiary objections after consulting board counsel unless a board member requests a full board vote on the ruling.

The board also voted unanimously to approve the chair’s proposed order of board witnesses. The chair explained the order is roughly chronological and listed Wausau Police Chief Matt Barnes as the first witness “because public safety is a pretty big priority.” Other proposed witnesses named in the order include Gerard Klein, Leo Gao, Alder Lisa Rasmussen, the city clerk, the city attorney and, if he chooses to testify, the respondent, Mayor Doug Denny.

Subpoenas, depositions and potential delay

Attorney Larson told the board that respondents’ counsel (including Attorney Samuel Hall) scheduled depositions for the city clerk and city attorney on Oct. 6. The board noted subpoenas for other witnesses had been issued earlier and that at least one subpoenaed witness had asked to be excused for the holiday weekend; Attorney Hall indicated he may seek a protective order that could delay the hearing. The chair and several board members said they were not inclined to agree to a delay absent a formal protective-order ruling.

On whether deposition transcripts would be provided to the board before Oct. 10, Larson said they likely would not be ready in time and noted the board may not have authority to demand them.

Procedures for testimony and evidence

Key procedural points the board adopted include: - Seating and witness placement to allow observation of testimony. - The chair will ask initial questions of each board witness; other board members may ask follow-ups upon recognition by the chair. - A rotating board member will administer witness oaths or affirmations. The board discussed using an oath that includes “so help me God” as the default and switching to an affirmation if a witness objects. - Counsel for complainants may question board witnesses after the board’s questioning; respondents’ counsel may question board witnesses and then present respondent witnesses with redirect permitted. - The chair will rule on evidentiary objections after consulting board counsel; any board member may request discussion and a board vote on a ruling.

Deliberation and written decision

The board discussed how and when to deliberate after the hearing. Members agreed deliberations are likely to occur in closed session and that written findings and conclusions must be produced within seven days of completion of deliberations. The board penciled in a follow-up meeting for Wednesday, Oct. 15, at 4:30 p.m. to review drafts or continue deliberations if needed; members noted the date was tentative and dependent on how far deliberations go on Oct. 10.

Clerk and counsel responsibilities

Clerk Cody said previous minutes will be placed on the Oct. 10 hearing agenda for approval. Attorney Larson agreed to distribute the adopted procedures and the order of witnesses to respondents’ counsel Andrew Erlinson and to complainants’ counsel Douglas Poland.

Votes at a glance

- Adopted hearing procedures: moved by the board chair (name not specified); second not specified. Vote: unanimous in favor (Chair; Dexter; Hosler; Voss; Kearns — yes). - Approved order of board witnesses as proposed: moved by board member Jesse; seconded (speaker identified as second). Vote: unanimous in favor (Chair; Dexter; Hosler; Voss; Kearns — yes). - Adjournment: moved and seconded; vote: unanimous.

What’s next

Depositions of the city clerk and city attorney are scheduled for Oct. 6. The complaint hearing is scheduled for Oct. 10. The board plans to deliberate in closed session after the hearing and aims to issue written findings and conclusions within seven days; members provisionally scheduled Oct. 15 at 4:30 p.m. to review drafts if necessary.