Wausau Ethics Board votes unanimously to go into closed session on complaint against Mayor Doug Denny

The Wausau Ethics Board voted unanimously Aug. 25 to convene in closed session under Section 19.85(1)(g) of the Wisconsin Statutes to confer with legal counsel about litigation strategy in a pending complaint against Mayor Doug Denny.

The board’s chair said the item on the agenda was the “status of proceedings in the matter of the pending complaint against mayor Doug Denny,” and that the board had previously, at its Aug. 7 meeting, granted the respondent’s motion to compel depositions of the city attorney and city clerk and issued subpoenas for those two officials and seven other people. The chair said the hearing in the matter is scheduled for Sept. 5 and that the respondent had filed a motion to dismiss and a motion in limine within the time allowed by the board’s scheduling order.

The chair moved to convene in closed session “just as described in that notice,” citing Section 19.85(1)(g) — the portion of Wisconsin law allowing a governmental body to confer with legal counsel about litigation strategy. A second was voiced; the clerk then called the roll. Board members Dexter, Hosler, De Vos and Kearns each answered “Yes.” The chair said, “The motion carries unanimously,” then instructed the meeting to move to the boardroom to confer with legal counsel.

Why it matters: The closed session will allow the board and its counsel to discuss legal strategy related to motions the respondent filed before a scheduled hearing. The board has already ordered certain depositions and issued subpoenas, actions that affect who may testify at the Sept. 5 hearing.

What the board said and did: The chair noted the respondent’s attorney, Andrew Erlinson, and board legal counsel, Eric Larson, were participating remotely. The chair summarized the procedural posture: an Aug. 7 order granting depositions of the city attorney and city clerk, subpoenas issued to those officials and seven others, and a Sept. 5 hearing date. The chair also described the respondent’s filing of a motion to dismiss and an alternative motion in limine and moved the board into closed session to discuss those filings with counsel.

Formal action: The board made and seconded a motion to enter closed session under Section 19.85(1)(g) of the Wisconsin Statutes. The clerk called the roll; all recorded members voted in favor, and the chair declared the motion carried.

Next steps: After the closed session, the board’s public record indicates the matter remains scheduled for a hearing on Sept. 5, and the previously issued subpoenas and deposition orders are in effect. The board did not announce any public decisions about the motions during the open meeting on Aug. 25.