Concerns are deemed ‘unfounded’
By Patricia Bogumil
Editor
An attorney representing the interests of two full-time employees of the Town of Waterford Sanitary District (WSD) is shocked and dismayed that his clients were dragged into an investigation recently completed by the Racine County Sheriff’s Department.
In a scathing May 7 letter to WSD commissioners, Attorney Paul Bucher, who represents the interests of WSD Administrator Debbie Nelson and Operations Superintendent Norm Nelson, complains of a continuing pattern of what he calls sophomoric antics and shocking incidents of pettiness, harassment and intimidation.
But WSD president Dan Dickinson explained via email that he believes commissioners acted properly in the matter.
“Commissioners take their administrative responsibilities seriously with regard to the welfare of the district, citizens in the district, and staff and employees of the district. We will continue to act in the best interests of the district and in conformity with our legal responsibilities and duties.”
The incident in question, and Bucher’s letter, are set to be discussed in closed session May 16 at a special meeting of the WSD.
According to the investigator’s report and some follow-up information from those involved, here’s what happened.
Authorities were contacted when commissioners learned that former WSD board president Bill Gerard had been observed by a town employee sitting in a back room of the WSD offices for several hours the afternoon of April 12, surrounded by papers of unknown content.
Gerard, who was replaced as WSD board president by Dickinson following an August 2012 recall, told the county investigator that he went to WSD on April 12 to talk with Operations Assistant Jerry Ignatowski about a transmission issue on a truck Gerard is restoring.
Gerard said he sat in Debbie Nelson’s office that day with the manual spread out on a table, because he could not locate certain pages he needed. It was later determined that the manual was just out of order.
Ignatowski confirmed that scenario with the investigator.
While Gerard sat in the WSD back office, DPW Superintendent Ken Hinz observed Gerard sitting at a desk with paperwork spread around. Hinz then let commissioners know that Gerard had been in the WSD offices that afternoon.
“I provided information to the sanitary board that they should be aware of, simply because it had the potential of becoming an issue,” Hinz explained via email.
McNeiley then made a report of suspicious circumstances regarding computer data in the WSD office.
He told the investigator that WSD is currently looking into replacing some of its employees with an outside firm, and said he felt that Gerard may have deleted certain computer files due to this.
On page 12 of May 17 edition of the Waterford Post is a legal notice by WSD seeking bidders to provide turnkey business solutions for billing/administrative functions performed in-house by Debbie Nelson.
McNeiley told the investigator that WSD has hired a firm to perform a backup on the WSD computers. He also stated that for six months, he has been denied access to the district’s computers.
McNeiley further told the investigator that the two Nelsons were at the WSD offices April 12 while Gerard was there.
Debbie Nelson, via email, said that Norm Nelson, her husband, was out of town and not in the WSD offices during that time.
“The rest of the report is full of false accusations, assumptions, and contradictory statements,” she added.
Hinz told the investigator that he had not observed Gerard at a computer terminal and stated that he observed Gerard appearing to look at paperwork.
Recurring suspicions
But suspicions about people deleting WSD computer files or destroying WSD paperwork have been a recurring theme since Dickinson ousted Gerard from the WSD board.
On Aug. 1, Gerard told a Waterford Post reporter that he had sent “to the county” more than 30 pages of official meeting notes and financial data, dating as far back as 2003, in case newcomers to the WSD (i.e., Dickinson and McNeiley) started destroying records.
Soon after that news report, McNeiley conducted his own self-described “foot search” investigation into the possibility of Gerard having removed WSD records.
McNeiley contacted various officials with the Sheriff’s Department in his investigation; McNeiley subsequently concluded at that time that nothing was missing.
Current concerns
On April 13, the county’s investigator asked Dickinson if it is normal procedure for a former WSD board member (such as Gerard) to access a sanitary district computer, and Dickinson said that would not be normal practice.
Dickinson added that normally a public records request would be needed to access the data, and said he was not accusing Gerard of any wrongdoing but that after speaking with McNeiley and Hinz, he decided that the Sheriff’s Department should conduct an investigation into what Gerard was doing in the WSD offices that day.
Gerard, in turn, said he was upset with McNeiley for not calling him directly to find out what he was doing at the WSD offices, and said the report was based on total assumptions.
Dickinson, in a May 11 email, said he is not aware of any wrongdoing by the WSD commissioners, and said Bucher’s will be considered.
“The letter in its entirety will be considered, but I can’t comment beyond that,” Dickinson said.
On April 13, the county investigator closed out the complaint as “unfounded,” adding that McNeiley should contact the Sheriff’s Department again if he finds any specific criminal activity regarding WSD and its computers.
Editor’s note: Attorney Bucher’s letter to the Sanitary District commissioners can be found in the May 17 edition of the Waterford Post.
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