Beecher Corrects Open Meetings Law Violation

Marinette County District Attorney Allen R. Brey has found that the Beecher Town Board met illegally in closed session on Tuesday, May 15 to hire summer help. However, Brey said after being advised of its error the board took corrective steps at their next meeting, so he has decided to take no further action.

In a letter addressed to Beecher Town Chair Robert L. Gehri and Clerk Betty M. Nowack as a follow-up to a conference telephone conversation with them on Tuesday, July 3, Brey wrote, “We discussed the open meeting violation at your regular board meeting on May 15, 2012. You advised me that you realized the error and at your next meeting it was corrected.”

“It was an oversight. It wasn’t done intentionally,” Nowack said. “Mr. Brey said we had taken the right stops to correct it. By the time we got the letter, it was done.”

According to town records, the improperly held closed meeting on Tuesday, May 15, was called to order at 6:40 p.m., immediately after the regular monthly town board adjourned, and lasted for about five minutes. Notice for that meeting had not been posted, according to officers who investigated a complaint filed by a town resident.

Minutes state: “The board assembled in closed session to discuss the applications for summer help cutting the lawns at the parks. There were four applications, two from Beecher. The board discussed between hiring Dick Hollingsworth and Hunter Keeley from Beecher. The board without Supervisor John Keeley decided to hire Hunter Keeley. He will be paid $8 per hour.”

Agenda posted for the regular meeting on May 15 included discussion, but not action, on hiring summer help, and did not mention a closed session.

According to the Sheriff’s report, the complainant said he took no action until after reading minutes from the June 12 meeting which did not mention the closed session or the decision to hire. Marinette County Sheriff’s Deputies Kurt Kostuch and Nickolas Nielsen investigated and filed their report on Thursday, June 14.

The investigators said both Nowack and Gehri told them they were unaware of doing anything wrong.

The report, written by Nielsen, states that Gehri told him he would advise the town board’s attorney of the situation “and go forward from there.” It goes on: “Robert said that it was an honest mistake, one that would not happen again. I suggested to Robert that it may be possible for him to get any other questions regarding Robert’s Rules of Order in some training session or maybe to contact our DA’s office for any advice they may have to training.”

Subsequently, on Tuesday, June 26, the board held another brief special meeting, this time with legal notice posted in advance, and repeated their decision to hire Hunter Keeley at $8 per hour to cut grass at the parks and the ball park. Supervisor Keeley participated by teleconference but again abstained from voting.

Brey noted that his office had received copies of the notice for the May 15 meeting, plus notice and minutes for the Tuesday, June 26 meeting when it was corrected, so by the time of his phone call to the town officials the situation had been resolved.

His letter concluded, “I see no basis to take any action for the violation. I am very pleased that when you realized an error had been made, you corrected it. I am further confident that such oversights will not occur in the future.”

In other business recently, Beecher Town Board has been working on a Land Use Permit and Burial and Cemetery ordinances. Both were discussed briefly at the June and July meetings and tabled until August.

In June the board appointed Don Losey to the Planning Commission to replace Dave DelDebbio and approved a variance for a mobile home to be put at W8302 Weckerle Road.

They opened bids for repair work on Crowe Road and at the July meeting unanimously approved awarding the contract to Scott Construction for the low bid price of $49,980 for cold mix. The only other bid was from Northeast Asphalt, which offered hot mix at $54,732.40. The job is being done with the assistance of a LRIP grant by which approximately half the cost is paid by the state.

In July the board approved changing the name of Dirt Road to Rosewood Drive and appointed Terrence Stahl and Joseph Palukota to serve as alternates on the Board of Review for 2012.

Minutes for the regular July board meeting also include a report on the June 26 meeting at which Hunter Keeley was hired, as well as and notice for a Community Watch meeting at 6:30 Monday, July 30 at Beecher Town Hall.

The next regular Town Board meeting is scheduled for 6 p.m. Wednesday, Aug. 15.

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