This law firm must come highly recommended because this is the second time that they have taken Oshkosh taxpayers for a ride.
Ironically, it is nearly the same amount. The OASD paid Tony Renning nearly $20k for the recount effort 18 months ago.
I don't know if it was really worth it. I guess it will end up being a wait and see once we know which direction the city will go.
I have committed to the circulation effort for the Mayor referendum. I believe that the voters have a right to make the choice. Maybe it will result in the same, maybe this time it will be different. Either way, we needed the change.
One can hope that the circulation starts soon. There isn't much time.
Sunday, November 18, 2007
Friday, November 16, 2007
The verdict is in... the City will pay
It is official, the bill will be paid by the cities insurance carrier. I got the information a couple of days ago, but it is now official and a matter of public record that it will be covered.
Although it is a hit for the insurance, the true burden would fall on the city as Mr. Esslinger was acting in an official capacity when the situation occurred. Had Mr. Castle sought advice prior to making the allegation like Mr. Esslinger did, we probably wouldn't be in this situation now.
Maybe the insurance company is planning on Mr. Castle to "reimburse" them. That is common practice for most insurance companies to go after the other party after they pay the claim. Hard to say if that will happen here though.
Although it is a hit for the insurance, the true burden would fall on the city as Mr. Esslinger was acting in an official capacity when the situation occurred. Had Mr. Castle sought advice prior to making the allegation like Mr. Esslinger did, we probably wouldn't be in this situation now.
Maybe the insurance company is planning on Mr. Castle to "reimburse" them. That is common practice for most insurance companies to go after the other party after they pay the claim. Hard to say if that will happen here though.
Sunday, November 4, 2007
Who Should Pay the Bill?
I don't know that this post is entirely necessary, but of course Cheryl Hentz is up to her neck in what she doesn't understand yet again.
So the question now needs to be asked, 'who should pay the bill?'
My first answer is Bill Castle. He jumped the gun and filed a complaint without legal consultation and lost. The costs incurred by Esslinger should be reimbursed by Castle. BUT, Castle is NOT required by law to pay those bills (this was not a court filing or civil suit) so he is simply opting to not pay and let the taxpayers foot the bill instead. Responsible politician.
My next answer is the city. Esslinger was acting as a public servant at the time the comments in question were made. He was also acting AFTER receiving legal advice from the city attorney and told by the City Attorney that he could NOT give any advice once the investigation began. Therefore, he should NOT have to bare the expense.
The third option was suggested by Hentz. That Esslinger should pay the bill himself. And here is where Hentz is completely off her rocker. First, he was acting as a Council Member and was not allowed to even SPEAK to the City Attorney about the complaint. If I were approached by the DOJ and told that I was being investigated for a comment that I made while doing my job, I would want to confer with an attorney too. As a matter of fact, Mr. Esslinger asked the DOJ if he should have an attorney and they told him "that was his right".
Here is the clincher... Two years ago, Mr. Esslinger sent a letter through his attorney addressed to Cheryl Hentz asking her to retract an inaccurate statement that she had made regarding campaign contributions made in the year before. Basically he told her that she lied. What did Hentz do? She hired George Curtis. Now I have to ask WHY? Why should she have to hire an attorney if she didn't do anything wrong? Esslinger didn't file a lawsuit. He didn't file a complaint with the DA. He simply had his lawyer mail a letter and Hentz hires an attorney. Talk about a hypocrite.
Hentz also stated that "every elected official who has a complaint filed against them does not get an attorney right from the start. In fact, I would venture to say there are many more who don't than do". Really Cheryl? And just what FACTS are you basing your comment on? Your extensive network of elected officials that have been investigated? Truth is that you don't have a clue. Just admit that you are looking for ANYTHING to throw at Esslinger. The first step to recovery is to admit that you have a problem. Sure is a good thing that you didn't get elected.
On a side note, there was an inaccuracy (lie) that was uncovered by the ONW on the form that Castle filed with the DOJ. When the question was asked if he had contacted any local agencies (ie police, fire, DA office, etc.) regarding this complaint, he responded "NO" even though he contacted the Winnebago County District Attorney first. Not important, but food for thought.
So the question now needs to be asked, 'who should pay the bill?'
My first answer is Bill Castle. He jumped the gun and filed a complaint without legal consultation and lost. The costs incurred by Esslinger should be reimbursed by Castle. BUT, Castle is NOT required by law to pay those bills (this was not a court filing or civil suit) so he is simply opting to not pay and let the taxpayers foot the bill instead. Responsible politician.
My next answer is the city. Esslinger was acting as a public servant at the time the comments in question were made. He was also acting AFTER receiving legal advice from the city attorney and told by the City Attorney that he could NOT give any advice once the investigation began. Therefore, he should NOT have to bare the expense.
The third option was suggested by Hentz. That Esslinger should pay the bill himself. And here is where Hentz is completely off her rocker. First, he was acting as a Council Member and was not allowed to even SPEAK to the City Attorney about the complaint. If I were approached by the DOJ and told that I was being investigated for a comment that I made while doing my job, I would want to confer with an attorney too. As a matter of fact, Mr. Esslinger asked the DOJ if he should have an attorney and they told him "that was his right".
Here is the clincher... Two years ago, Mr. Esslinger sent a letter through his attorney addressed to Cheryl Hentz asking her to retract an inaccurate statement that she had made regarding campaign contributions made in the year before. Basically he told her that she lied. What did Hentz do? She hired George Curtis. Now I have to ask WHY? Why should she have to hire an attorney if she didn't do anything wrong? Esslinger didn't file a lawsuit. He didn't file a complaint with the DA. He simply had his lawyer mail a letter and Hentz hires an attorney. Talk about a hypocrite.
Hentz also stated that "every elected official who has a complaint filed against them does not get an attorney right from the start. In fact, I would venture to say there are many more who don't than do". Really Cheryl? And just what FACTS are you basing your comment on? Your extensive network of elected officials that have been investigated? Truth is that you don't have a clue. Just admit that you are looking for ANYTHING to throw at Esslinger. The first step to recovery is to admit that you have a problem. Sure is a good thing that you didn't get elected.
On a side note, there was an inaccuracy (lie) that was uncovered by the ONW on the form that Castle filed with the DOJ. When the question was asked if he had contacted any local agencies (ie police, fire, DA office, etc.) regarding this complaint, he responded "NO" even though he contacted the Winnebago County District Attorney first. Not important, but food for thought.
Friday, November 2, 2007
City Councilor Investigated by Dept. of Justice
In a long drawn out process, it was finally released today that Council Member Paul Esslinger was investigated (and cleared of any wrong doing) by the Department of Justice over a baseless complaint filed by Former Mayor Bill Castle. After Castle ignored the request for reimbursement for his legal expenses, Mr. Esslinger filed his claim with the City today. He was, after all, serving in a city position when the statement was made and could not be represented by the City Attorney. It is an unfortunate expense that could have and should have been avoided if the Former Mayor had just gotten the free legal advice afforded to him by the city. Below is the summary and statement from Mr. Esslinger today.
Department of Justice criminal investigation review:
On February 27, 2007 the Oshkosh Common Council had a closed session meeting to discuss the performance of the City Manager (Richard Wollangk). I had asked Mr. Wollangk to attend the meeting because I wanted to discuss what I felt was his lack of performance regarding one of his department heads.
Previous to the February 27 meeting, Council member Dennis McHugh and I met with the Winnebago County District Attorney (Christian Gossett) to ask him if it was legal for a Council member to inform the City Manager that they would terminate him because he is not disciplining his staff because of a lack of performance. Attorney Gossett said this question was out of his jurisdiction and that we should contact the Oshkosh City Attorney (Warren Kraft) because it was within his jurisdiction.
Mr. McHugh and I took the advice of the District Attorney and met with Mr. Kraft. It was Mr. Kraft’s opinion that it was within a Council member’s authority to inform the City Manager that they would fire him if he did not terminate a member of his staff. And now after the Department Of Justice investigation, it is also their opinion I did nothing illegal.
After I found out from the City legal staff I had this authority, I then asked the City Attorney to have Mr. Wollangk attend the February 27th meeting so I could inform him I felt he was not disciplining his staff, and I felt he should be fired if he didn’t terminate one of his department heads.
Before Mr. Wollangk came into the executive session, I informed all the Council members at the meeting that Mr. McHugh and I asked City legal staff if what I was about to do was legal. I said that if they didn’t believe me they could ask Mr. Kraft and he would corroborate my statement. No Council members said anything at that time. After I made my statement, Mr. Wollangk was invited into the room. When Mr. Wollangk entered the room, I told him I was not happy with his performance because there was a department head that in my opinion needed to be fired and if he didn’t fire him then I felt Mr. Wollangk was not performing his duties and he should be fired.
After the meeting with Mr. Wollangk a couple Council members stated they were displeased with what was said. I said I respected their opinions; however, what I did was within my rights according to our legal staff.
In March of 2007, Mayor Bill Castle filed a complaint with the District Attorney’s office accusing me of blackmail. Due to Mr. Castle’s reckless behavior for not consulting with the City Attorney as was suggest, a lengthy tax-payer funded investigation ensued.
I was contacted in April of 2007 by the Wisconsin Department of Justice and informed I was under investigation for criminal activity relating to the February 27, 2007 closed session of the Oshkosh Common Council. Because a criminal investigation conducted by the Wisconsin Department of Justice is a serious matter, with potentially severe consequences, and because the City Attorney (Warren Kraft) was not able to represent me in this matter, I had to retain legal representation to defend myself against the charges.
Because of Mr. Castle’s baseless claim and his unwillingness to seek the truth before filing a claim, I now have attorney’s fees relating to this matter. I feel it would be appropriate for Mr. Castle to pay these attorney’s fees. If he doesn’t, I will have no other reasonable choice but to file with the City of Oshkosh to pay these attorney fees.
I sent a certified letter to Mr. Castle dated October 19th, 2007 and asked him to either contact me or pay the enclosed invoice for my fees by the end of day October 29, 2007. He has not contacted me and has not paid the invoice for the attorney’s fees.
Because I am a representative of the City of Oshkosh and the City Attorney can not represent me in this matter and because Mr. Castle will not do the responsible thing, unfortunately, I now have to file with the City of Oshkosh to have the attorney’s fees paid.
I’m frustrated that the Mayor of Oshkosh, with years of political experience, chose not to contact the City Attorney, someone that Mr. Castle repeatedly said he had full faith and support.
Sincerely,
Paul Esslinger
Oshkosh Common Council
Relevant timeline:
February, 2007: Mr. McHugh and I met with the District Attorney. Mr. Gossett suggested we meet with City Attorney Warren Kraft.
February 20th, 2007: Mr. McHugh and I met with City Attorney Warren Kraft. Mr. Kraft said I was within my rights to tell Mr. Wollangk we would fire him if he didn’t fire one of his department heads.
February 27, 2007: City Council held a closed session with Mr. Wollangk. This is the meeting where I informed Mr. Wollangk that I was not happy with his performance because he would not fire a department head.
March 6th, 2007: Mr. Castle files a complaint with the Winnebago County District Attorney.
April 18th, 2007: I was contacted by the Department of Justice and was told I was under criminal investigation.
July 27th, 2007: Met with two criminal investigators in my attorneys office
August 8th, 2007: Council member Dennis McHugh provides a sworn affidavit of his recollections regarding the February 27th, 2007 closed session which corroborate mine.
September 10th, 2007: The Department of Justice rules that I did nothing illegal in the February 27th, 2007 closed session of the Common Council.
October 19th, 2007: Letter sent to Mr. Castle asking him to pay for my legal fees.
November 2nd, 2007: Because Mr. Castle would not pay the legal fees, I filed a claim with the City of Oshkosh. //End Statement//
You can read the entire report here.
Department of Justice criminal investigation review:
On February 27, 2007 the Oshkosh Common Council had a closed session meeting to discuss the performance of the City Manager (Richard Wollangk). I had asked Mr. Wollangk to attend the meeting because I wanted to discuss what I felt was his lack of performance regarding one of his department heads.
Previous to the February 27 meeting, Council member Dennis McHugh and I met with the Winnebago County District Attorney (Christian Gossett) to ask him if it was legal for a Council member to inform the City Manager that they would terminate him because he is not disciplining his staff because of a lack of performance. Attorney Gossett said this question was out of his jurisdiction and that we should contact the Oshkosh City Attorney (Warren Kraft) because it was within his jurisdiction.
Mr. McHugh and I took the advice of the District Attorney and met with Mr. Kraft. It was Mr. Kraft’s opinion that it was within a Council member’s authority to inform the City Manager that they would fire him if he did not terminate a member of his staff. And now after the Department Of Justice investigation, it is also their opinion I did nothing illegal.
After I found out from the City legal staff I had this authority, I then asked the City Attorney to have Mr. Wollangk attend the February 27th meeting so I could inform him I felt he was not disciplining his staff, and I felt he should be fired if he didn’t terminate one of his department heads.
Before Mr. Wollangk came into the executive session, I informed all the Council members at the meeting that Mr. McHugh and I asked City legal staff if what I was about to do was legal. I said that if they didn’t believe me they could ask Mr. Kraft and he would corroborate my statement. No Council members said anything at that time. After I made my statement, Mr. Wollangk was invited into the room. When Mr. Wollangk entered the room, I told him I was not happy with his performance because there was a department head that in my opinion needed to be fired and if he didn’t fire him then I felt Mr. Wollangk was not performing his duties and he should be fired.
After the meeting with Mr. Wollangk a couple Council members stated they were displeased with what was said. I said I respected their opinions; however, what I did was within my rights according to our legal staff.
In March of 2007, Mayor Bill Castle filed a complaint with the District Attorney’s office accusing me of blackmail. Due to Mr. Castle’s reckless behavior for not consulting with the City Attorney as was suggest, a lengthy tax-payer funded investigation ensued.
I was contacted in April of 2007 by the Wisconsin Department of Justice and informed I was under investigation for criminal activity relating to the February 27, 2007 closed session of the Oshkosh Common Council. Because a criminal investigation conducted by the Wisconsin Department of Justice is a serious matter, with potentially severe consequences, and because the City Attorney (Warren Kraft) was not able to represent me in this matter, I had to retain legal representation to defend myself against the charges.
Because of Mr. Castle’s baseless claim and his unwillingness to seek the truth before filing a claim, I now have attorney’s fees relating to this matter. I feel it would be appropriate for Mr. Castle to pay these attorney’s fees. If he doesn’t, I will have no other reasonable choice but to file with the City of Oshkosh to pay these attorney fees.
I sent a certified letter to Mr. Castle dated October 19th, 2007 and asked him to either contact me or pay the enclosed invoice for my fees by the end of day October 29, 2007. He has not contacted me and has not paid the invoice for the attorney’s fees.
Because I am a representative of the City of Oshkosh and the City Attorney can not represent me in this matter and because Mr. Castle will not do the responsible thing, unfortunately, I now have to file with the City of Oshkosh to have the attorney’s fees paid.
I’m frustrated that the Mayor of Oshkosh, with years of political experience, chose not to contact the City Attorney, someone that Mr. Castle repeatedly said he had full faith and support.
Sincerely,
Paul Esslinger
Oshkosh Common Council
Relevant timeline:
February, 2007: Mr. McHugh and I met with the District Attorney. Mr. Gossett suggested we meet with City Attorney Warren Kraft.
February 20th, 2007: Mr. McHugh and I met with City Attorney Warren Kraft. Mr. Kraft said I was within my rights to tell Mr. Wollangk we would fire him if he didn’t fire one of his department heads.
February 27, 2007: City Council held a closed session with Mr. Wollangk. This is the meeting where I informed Mr. Wollangk that I was not happy with his performance because he would not fire a department head.
March 6th, 2007: Mr. Castle files a complaint with the Winnebago County District Attorney.
April 18th, 2007: I was contacted by the Department of Justice and was told I was under criminal investigation.
July 27th, 2007: Met with two criminal investigators in my attorneys office
August 8th, 2007: Council member Dennis McHugh provides a sworn affidavit of his recollections regarding the February 27th, 2007 closed session which corroborate mine.
September 10th, 2007: The Department of Justice rules that I did nothing illegal in the February 27th, 2007 closed session of the Common Council.
October 19th, 2007: Letter sent to Mr. Castle asking him to pay for my legal fees.
November 2nd, 2007: Because Mr. Castle would not pay the legal fees, I filed a claim with the City of Oshkosh. //End Statement//
You can read the entire report here.
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