The Mount Pleasant Citizen

DA Ordered Investigation Without Evidence of Wrongdoing

Records in the offices of District Attorney Michael Nieskes and the Racine County Sheriff's Department show that Robin Garard, John Hewitt and Ken Flones filed a complaint in July 2008 alleging violations of Wisconsin's campaign finance laws. The complaint named current Trustee Harry Manning, 2008 trustee candidates Ruth Gedwardt and Don Schulz, and the Citizens for Open Government as having violated campaign laws.

Robin Garard, a former Mount Pleasant trustee, is seeking to regain the seat she lost in 2008. She is on the ballot in Mount Pleasant's April 7 election. John Hewitt and Ken Flones are current trustees on the Mount Pleasant Village Board and were trustees at the time the complaint was filed.

The complaint was submitted soon after DA Michael Nieskes met with Garard, Hewitt and Flones to discuss their involvement with I.M.P.A.C.T., a political action committee that funneled over $5,400 in support from developers and builders to their campaigns in the 2008 election. 

The complaint letter was jointly signed by Garard, Hewitt and Flones.  The only accompanying evidence was a campaign flyer circulated and paid for by Don Schulz that contained the names of Harry Manning and Ruth Gedwardt.

Sheriff's Department Investigator Roseann Gordon interviewed Harry Manning, Ruth Gedwardt, Don Schulz and Mike Denzien, Treasurer of the now defunct Citizens for Open Government, as part of the investigation.

According to the investigation report, Harry Manning filed several reports during the 2008 campaign. Manning told the investigator that as a first-time candidate he had researched the reporting requirements thoroughly and that he believed he had filed all the forms required by law. Manning accepted no contributions from the Citizens for Open Government.

Records provided by Don Schulz to the investigator showed that Schulz took in $425 and spent $627 on his campaign. No contributions came from the Citizens for Open Government. Both the $425 and $627 figures are under the $1,000 limit that triggers more detailed reporting requirements, so Schulz was in compliance with state law.

However, Schulz being within the law didn't stop District Attorney Michael Nieskes from accusing him of violations.  Nieskes wrote a letter to Schulz saying he went over the $1,000 limit, and requesting that Schulz file corrected campaign reports in order to avoid prosecution.

Schulz refused to comply with the DA's request, pointing out that he had followed the law. Schulz further requested that the DA withdraw his request and send him a letter clearing his name.  Nieskes eventually sent the letter.

After reading a second Sheriff's Department report in which Garard, Hewitt and Flones were interviewed, Schulz observed that the trustees were treated differently from the challengers. Schulz remarked "We were all asked to account for our campaign money down to the last dollar. Why didn't the DA ask them to do the same thing? They weren't asked to produce any records at all."

Schulz also questioned the DA's long delay in addressing the case. "Campaign finance laws are supposed to protect us from outside influences in our elections. If they're not going to enforce them then why even have them?" he said. Despite the upcoming election, the DA has made no public statement regarding the case.

Ruth Gedwardt informed the investigator that she received two $50 donations from residents and added her own money to bring her contribution total to $1,000, just at the limit. She spent $900 on her campaign and donated the rest to charity.

However, Gedwardt inadvertently deposited an extra $25 of her own money to her campaign account, and was therefore over the $1,000 limit that triggers detailed reporting requirements - by 25 bucks.

DA Nieskes was quick to point out the transgression, and wrote Ms. Gedwardt to request that she submit the more detailed reports. Gedwardt complied with the DA's request.

Mike Denzien, Treasurer of the Citizens for Open Government (COG-MP), told the Sheriff's investigator that COG-MP had done no print ads or election flyers, and did not endorse any specific candidate in the 2008 election.  COG-MP's website provided information about all the 2008 election candidates, all of which was submitted by the candidates themselves. The DA told Denzien in person that no action would be taken against COG-MP.

Further statements by the Sheriff's investigator indicate that there was no evidence that the allegations of Garard, Hewitt and Flones were true.

So, even though complaints from village trustees carry a lot of weight with the DA, and the DA sees fit to investigate complaints lacking evidence, this roundhouse punch drew nothing but air.