The 2024-'26 Wausau City Council takes the oath of office. MWC photo by Mike Leischner
WAUSAU, WI (WSAU) — The Wausau City Council has approved enlisting Eric Larson of Waukesha-based Municipal Law and Litigation Group to help the Ethics Board wade through a citizen complaint against Mayor Doug Diny.
Alders said the vote did not mean they were taking sides for or against the complaint. They are giving the citizens on the Ethics Board the tools to hear it, which the City Attorney Anne Jacobson cannot do because of a conflict of interest. “This case requires going [for] outside counsel. This is not something we are making up, this is not a frivolous waste of taxpayer dollars; it is a necessity to ensure a fair and balanced review of the complaint. The issue will not be decided in the court of public opinion, it will arrive at its conclusion through due process,” said Alder Tom Neal.
Alder Lou Larson said it’s the council’s job to represent the people, including those who brought the complaint forward. “If we don’t follow up on it and [enact] our protocol, we’re not doing the jobs we were elected to do.”
Jacobson told the Council that she could be called as a witness if the board chooses to hear the complaint. Additionally, Diny is a “member of my organizational client,” meaning she shouldn’t advise the board as they hear a complaint against him.
Council President Lisa Rasmussen emphasized that the Alders will not be involved. She added that outside help is appropriate because the Ethics Board is rarely called into action. “It puts the board and its chair in a difficult position if they do not have guidance or anyone to ask questions to. They are a citizen panel and have not been very active.
“There are always questions about technical matters, the interpretation of ordinances, and what their options might be,” added Rasmussen.
Alders took about 15 minutes of public comment, most of which was against the move. The vote came after roughly 45 minutes of discussion with Becky McElhaney and Vicki Tierney providing the no votes. Alder Terry Kilian was excused from Tuesday’s meeting.
Larson also noted that if Mayor Diny’s defense is as strong as his personal attorney claimed it was in an eight-page letter to the council, which was publicly released Monday evening, then “let’s see it, and vice versa” for the complaint.
Diny confirmed that he would take the stand in his own defense if the Board chooses to take it up.
The Ethics Board has yet to schedule a meeting regarding the complaint. Alders emphasized that it is still unknown whether they will take it up.
RELATED: Ryan Cleared of Ethics Violations, Board Condemns Actions
The last time the Ethics Board handled a case like this was in the spring of 2022 when a complaint was filed against then-alder Deb Ryan by a citizen who accused her of making false claims and threats towards his employer. The board found Ryan did not commit a violation but condemned her actions.
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