Village of Jackson reviews residency-exemption request for resident near parks and schools; goes into closed session

Village of Jackson board members heard an application from a resident seeking an exemption from the village's offender residency setback during a meeting that included an overview of the ordinance and a closed-session vote to receive legal advice.

"First thing I'll refer to is the copy of the ordinance," said Matt Parmentier, the village attorney, explaining that the body was conducting an "individualized review" required by court decisions that limit one-size-fits-all residency bans. Parmentier told board members they must evaluate 15 enumerated criteria in the village's packet when deciding whether to approve, conditionally approve or deny the request.

The request concerns a resident identified in the record as Mister Carson, who told the panel, "I made a lot of mistakes when I was young. So as growing up, I'm a different man, different guy. I've been working ... I haven't did nothing. I can stand up stand out of trouble and working hard." Carson said he has a steady job, has been in a relationship for four years and lives with his fiance9 and her child part-time.

Parmentier described the specific item under review as a residency setback in the village's "offender residency ordinance" that prohibits residency within set distances of sensitive locations such as parks and schools for persons subject to the ordinance. He said the board's role is to conduct individualized exemption reviews and to apply the ordinance's listed criteria, which the packet reproduces. Parmentier listed criteria including: the nature and date of the qualifying offense; the applicant's age at the time of the offense; treatment and rehabilitation status; adherence to terms of supervision; relationship to the victim; presence or absence of force; and proposed safety assurances or conditions.

During questioning, Carson said he is not currently on parole or probation and that he previously attended counseling and Alcoholics Anonymous. He said he is currently living in Milwaukee with his mother but had lived in Jackson for roughly three months before the village notified him about the ordinance. Carson said he has worked at Fleet Farm for two years and that his fiance9 works at Tiny Sprout. He acknowledged the victim in the qualifying offense was a family member.

Board members asked about distance measurements. Parmentier and staff noted the packet's measurements place the applicant's residence approximately 700'900 feet from two parks and that the ordinance's safety zone measurements discussed at the meeting included a 1,500-foot threshold for some sensitive locations. The board discussed that a school sits close to the park and therefore likely falls inside the relevant setback radius.

Before making a decision on the exemption, the board voted to go into closed session under Wisconsin Statute a719.85(1)(f) to consider "financial, medical, social, or personal histories" of a specific person and under a719.85(1)(g) to consult with legal counsel on litigation strategy. The motion to convene the closed session carried on a roll-call vote; the panel recessed to the closed session and planned to return to open session to render any formal decision.

Earlier in the meeting the board approved the minutes from its previous meeting, which the record shows occurred about a year earlier.