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.
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Here is the letter sent by Esslinger to Castle...
October 19th, 2007
Mr. Castle:
The Wisconsin Department of Justice criminal investigation of me is over. As you know, the results of the investigation show that I did not engage in any criminal activity relating to the February 27, 2006 Executive Session of the Oshkosh Common Council as you alleged.
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 you brought forward. To date, the cost of my legal fees total $1,715.02. I am asking you to pay these legal fees. I have enclosed the invoice for the fees for your review.
As you remember, I stated at the February 27th Executive Session of the Oshkosh Common Council that I contacted Mr. Kraft and asked him if it was legal to invite Mr. Wollangk into the meeting to discuss the performance of City of Oshkosh department heads relating to Mr. Wollangk’s performance and that Mr. Kraft said it was within my rights. Yet you chose to ignore this fact and you filed charges anyway. Simply put, if you would have contacted Mr. Kraft, he would have told you that he and I spoke regarding this issue and that I was within my rights and that proceeding with criminal charges would have been absurd.
If you do not pay these attorneys fees, I will have no other reasonable choice but to file with the City of Oshkosh under section 893.80 of the Wisconsin State Statutes to pay these attorney fees. I feel it would be the responsible thing for you to pay these fees and not burden the taxpayers with the bill.
Because I was acting on behalf of the City of Oshkosh, with legal advice from Mr. Kraft, and because your charges were baseless, if you do not pay the bill, you then will essentially be forcing the taxpayers to pay these attorneys fees.
I ask that you do the appropriate thing and pay my attorneys fees.
Please contact me by the end of the day October 29th, 2007 to let me know your intentions. If I do not hear from you by the end of the day October 29th, 2007, I will assume that you have no intention of paying my legal fees and I will proceed with filing a claim with the City.
If your intention is to pay the legal fees, please send the invoice and a check to the address on the invoice.
Regards,
Paul Esslinger
Although I can't stand Esslinger, and I think he's bad for Oshkosh, he must really love the city. I can't imagine anyone would put themselves through any of that for a measly couple thousand dollars a year.
The 'problems' that people perceive maybe weren't so much with Wollangk, but with some department heads. Yet under our current form of government, councilors have no control over the dept heads. And yet when you read poll after poll and interview after interview, we still want to keep out current form. Why?
The more I try to convince myself Oshkosh ISN'T backwards, the more stuff like this hits me in the face. I just don't understand it.
Way to go Paul!
Kickin Billo's butt. He is just one of the string of people often refered to as the "Good ol Boys network"
The problem is, we can see these guys are far from good, in fact, much of the webs they spin are truly evil.
Keep fighting the good fight Paul. I applaud you and Dennis for challenging department managers during the budget hearing.
Paying fulltime benefits ($1,000.00+ per month just for healthcare) to part time library workers is simply taking the Oshkosh property tax payer to the cleaners.
This type of over-the-top benefit package structure needs drastic change, If it takes eliminating jobs to drive that message home to the unions, then I'm willing to put up with less city services (employee reductions) to make that happen.
Oshkosh taxpayers can not continue to fund 95% of city worker healthcare costs and also provide them with reasonable wage increases each year.
Furthermore, the comments Mr. Fitzpatrick made attempting to justify that Oshkosh City government is "not a business" makes me concerned that those in the very top executive positions of Oshkosh government seem to be more sensitive to employee concerns over those of taxpayers.
I certainly hope that the new Manager will bring a new culture to Oshkosh City Government. Paul, I know that you and a few others on this council will do your best to select the right person for this difficult task.
Keep up the good work Paul!
Incredible. Paul had to endure this for 7 months!??? This guy has gotten the shit kicked out of him by the media over the years and then this falls on him, not to mention his cancer.
I've disagreed with you on some things Paul, buy I tip my hat to you! You certainly have taken kicks to the stones for this city and it's appreciated!
Hey Mr. Castle, be a man and admit you're wrong. Apologize to Paul and the community and pay the bill, Bill.
A lot of things posted on this site by Kent Monte FOR Paul Esslinger. Why doesn't Paul post for himself?
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