Case 2024CV001179 Document 5 Filed 10-31-2024 STATE OF WISCONSIN CIRCUIT COURT Page 1 of 23 FILED 10-31-2024 Clerk of Circuit Court Cutagamie Coun OUTAGAMTE COMMA" Cony STATE OF WISCONSIN, EX RE} JAMES MARCH 3678 North Maple Edge Court Grand Chute, WI 54913, Plaintiffs, Case No: vs: Code No: TOWN OF GRAND CHUTE 1900 West Grand Chute Boulevard Appleton, WI 54913 -and- RONALD WOLFF. 5090 North Milkweed Trail Grand Chute, WI 54913, -and- JEFFREY INGS 4650 North Gillett Street Grand Chute, WI 54913 -and. JASON VAN EPEREN 5711 West Broadway Drive Appleton, WI 54913, Defendants, SUMMONS 30703 THE STATE OF WISCONSIN to each person named above as a defendant: You ate hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you. The Complaint, which is attached, states the nature and basis of the legal actionCase 2024CV001179 Document § Filed 10-31-2024 Page 2 af 23 Within forty-five (45) days of receiving this Summons, you must respond with a written answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the Complaint. The Court may reject or distegard an answer that does not follow the requirements of the statutes, ‘The answer must be sent or delivered to the Court, whose address is Clerk of Outagamie Circuit Coutt, 320 South Walnut Street, Appleton, WI 54911 and to Attorney Michael R. Fox, FOX & FOX, S.C, 124 West Broadway, Monona, Wisconsin 53716. You may have an attorney help or tepresent you. If you do not provide a proper answer within forty-five (45) days the Court may grant judgment against you for the award of money or other legal action requested in the Complaint, and you may lose your tight to object to anything that is or may be incorrect in the Complaint. A judgment awarding money may become a lien against any real estate you own now or in the future and may also be enforced by garnishment or seizure of property. Dated at Monona, Wisconsin this 31" day of October, 2024, Respectfully submitted: FOX & FOX, S.C. /3/MichacLR. Fox Michael R. Fox State Bar No: 01015173 124 West Broadway Monona, WI 53716 608/258-9588, [email protected]Case 2024CV001179 Document § Filed 10-31-2024 FILED 10-31-2024 Clerk of Circuit Court Outagamio Count STATE OF WISCONSIN CIRCUIT COURT OUTAGAMIE LALINEY, 5 7 STATE OF WISCONSIN, EX REL. JAMES MARCH Plaintiffs, vs. Case No: Code No: 30703 TOWN OF GRAND CHUTE, RONALD WOLFF, JEFFREY INGS AND JASON VAN EPEREN Defendants, COMPLAINT OF WISCONSIN OPEN MEETINGS LAW VIOLATIONS. NOW COMES the State of Wisconsin ex rel James March by his attorneys Fox & Fox, S.C. by Michael R. Fox and as and for « complaint in this matter alleges as follows: 1. ‘That James Match is a resident of the Town of Grand Chute, Outagamie County, Wisconsin, whose address is 3678 North Maple Edge Court, Grand Chute, Wisconsin 54913, and brings this action on behalf of the State of Wisconsin, 2 That on October 7, 2024, James Match filed a verified complaint alleging violations of Wisconsin Open Meetings laws by the above-named defendants, a copy of which is attached hereto and incorporated herein. 3. That more than 20 days have passed since the filing of James March’s attached verified complaint with the Outagamie County District Attorneys’ office. 4. That James March is the former Town Administrator for the Town of Grand Chute and both he and the interested public were damaged by the violations alleged in this complaint.Case 2024CV001179 Document § Filed 10-31-2024 Page 40! 23 5. That Jason Van Eperen whose address is 5711 West Broadway Drive, Appleton, Wisconsin $4913 was, on February 11, 2023, March 9, 2023, and May 2, 2023, the Chaitman of the Grand Chute Town Board which is a governmental body within the meaning of Wis. Stat. § 19.82(1), 6. That Jason Van Eperen, Jeffrey Ings and Ronald Wolff, Jr. were all serving members of the Grand Chute Town Board on February 11, 2023, March 9, 2023, and May 2, 2023, and on each of the aforementioned dates knowingly attended an illegal meeting of a quorum of the Grand Chute Town Board in violation of Wis. Stat. § 19.96. et seg. at which Town of Grand Chute business was discussed and the required statutory notice was not given prior to the meetings. 7. That it was the primary responsibility of Jason Van Eperen, as Town Chairman or his designee to provide the requited statutory notice for the three meetings referred to above. 8 That attached hereto and incorporated herein as Exhibit A to James March’s verified complaint is the notice for the February 11, 2023, meeting provided to the public at the direction of Jason Van Eperen ot his designee in which the notice says that no town business will be transacted at the February 11" meeting. 9. That contrary to the representations on Exhibit A Town of Grand Chute business was discussed at the February 11" meeting as verified by the sworn testimony of Mike Koles, the person with whom Jason Van Eperen, Ronald Wolff, Jr. and Jeffrey Ings met at the posted meeting. Me. Koles’ deposition testimony is attached hereto and incorporated herein as Exhibit B to James March's verified complaint. 10. That attached hereto and incorporated herein as Exhibit C to James March's verified complaint is the notice for the March 9, 2023, meeting which again, affirmatively states that no town business will be transacted at the March 9" meeting.Case 2024CV001179 Document § Filed 10-31-2024 Page 5 of 23 11. That contrary to the representations on Exhibit C, Town business was discussed at the March 9” meeting including, but not limited t0, a major discussion of a State of Wisconsin Department of Justice investigation along with concerns the three supervisors voiced about Town personnel issues 4 verified by the testimony of Mr. Koles who was also presentat the March 9” meeting said testimony is part of Exhibit B attached hereto 12, ‘That on May 2, 2023, the Town Board of Grand Chute discussed and effected James March’s termination as Town Administrator without providing the notice required under Wis. Stat. § 19.85 (1)() which reads, in pertinent part, as follows: (©) Considering dismissal, demotion, licensing or discipline of any public employee or person licensed by a board or commission or the investigation of chatges against such person, ot considering the grant or denial of tenure for a university faculty member, and the taking of formal action on any such matter; provided that the faculty member or other public employee ot person licensed is given actual notice of any evidentiary hearing which may be held prior to final action being taken and of any meeting at which final action may be taken. The notice shall contain a statement that the person haas the right to demand that the evidentiary hearing or meeting be held in open session, This parageaph and pat. (f) do not apply to any such evidentiary hearing or meeting where the employce or person licensed requests that an open session be held, 13. Attached hereto and incorporated herein as Exhibit D to James March’s verified Complaintis a copy of the actual notice used by the Town Board for the May 2, 2023, meeting at which James Match was terminated by the Town Board, 14, That on May 2, 2023, the Town Board for the Town of Grand Chute was comprised of five supervisors, the individually named defendants in this action plus Supervisors Brad Gehring and Beth English 15, That neither James March nor the public nor Supervisors Brad Gehting and Beth English were informed by the notice for the May 2, 2023, meeting of the Town Board provided by Jason Van Eperen that “final action may be taken” at the May 2" meeting and that James March had the right to demand that the “meeting be held in open session”.Case 2024CV001179 Document § Filed 10-31-2024 Page 6 of 23 16. ‘That defendants Town of Grand Chute, Jason Van Eperen, Jeffrey Ings and Ronald Wolff, Jr, are subject to the penalties set forth in Wis. Stat. § 19.96. WHEREFORE, on behalf of the State of Wisconsin, plaintiffs pray the Court to void the termination of James March that was the product of the improperly noticed meeting on May 2, 2023, and assess forfeituces for all three of the meetings described above as provided in Wis. Stats. § 19.96, and further to award James March his attorney fees and costs for bringing this action Dated at Monona, Wisconsin this 31” day of October, 2024, Respectfully submitted: FOX & FOX, 8.C. /s/Michael Michael R. Fox State Bar No: 01015173 124 West Broadway Monona, WI 53716 608/.258-9588 mafusirfeaguici.enunCase 2024CV9g Madison 124W Broaday Monona, WI $3716 Pr GUR.258 9588, 608.258.9105 Milwaukee 225 W Wisconsin Ave 2h Floor Milwaukce, WIS3233 418.326.3260, Fald228 1411 Chicago 221 Now LaSalle Si. Site 2900 Chicago, 1L 60601 ps 847.796.5198, 312.641 0781 Infos: tow-com ‘ww fora cm tol fe 7956 Weiter E-mail mifox@foxquiek eo MichaetR. Fax rnfox@toxquick com nelly imkonnetly @foxquick com Filed 10-31-2024 Page 7 of 23 October 7, 2024 Hon. Melinda Tempelis Outagamie County District Attorney 520 S. Walnut Street Appleton, WT 54911 Dear District Attorney Tempelis, NUN AEE Hand delivered for filing is the Open Records Complaint of former Grand Chute Town Administrator, James March. To the extent you have any questions or need additional information related to this matter, you imay contact either me or Me, March directly. this matter. Respectfully, FOX & FO: ie UL /U Michel R. Fox MRF/klb Enclosures Attorneys at Law Randall B. Gola® ‘oldlawdiaol com Janne F Milles Jmiller@oxquiek com Richard F Rice rece efoxquick We appreciate your attention to Kp Ua Peter J. Fox Piox@Toxqviek comCase 2024CV001179 Document 5 Filed 10-31-2024 Page 8 of 23 VERIFIED OPEN MEETINGS LAW COMPLAINT NOW COMES the complainant James March and as and for a verified complaint pursuant to Wis. Stat. §§ 19.96 and 19.97, brings this complaint against the Town of Grand Chute, Town of Grand Chute Supervisor Jason Van Eperen, Town of Grand Chute Supervisor Ron Wolff, Jr. and former Town of Grand Chute Supervisor Jeffrey Ings based on the following facts: 1. ‘That complainants a resident of the Town of Grand Chute, Wisconsin whose address is 3678 Notth Maple Edge Court, Grand Chute, Wisconsin 54913. 2, ‘That the complainant is the former Town Administrator for the Town of Grand Chute and was the subject of discussions that took place at the meetings referred to below. 3. That Jason Van Eperen whose address is 5711 West Broadway Drive, Appleton, Wisconsin $4913 was, on Februaty 11, 2023, March 9, 2023, and May 2, 2023, the Chairman of the Grand Chute Town Board which is a governmental body within the meaning of Wis. Stat. § 19.82(1). 4. ‘That Jason Van Eperen, Jeffrey Ings and Ronald Wolff, Jr. were all serving members of the Grand Chute five supervisor Town Board on February 11, 2023, March 9 and May 2, 2023, and on each of the afore mentioned dates knowingly attended an illegal meeting of a quorum of the Grand Chute Town Board in violation of Wis. Stat. § 19.96, et. seq. at which Town of Grand Chute business was discussed and the required statutory notice was not given prior to the meetings. 5. ‘That it was the primary responsibility of Jason Van Eperen, as town chairman ot his designee to provide the required statutory notice for the three meetings referred to above. 6. That attached hereto and incorporated herein as Exhibit A is the notice for the February 11, 2023, meeting provided to the public at the direction of Jason Van Eperen or his designee in which the notice says that no town business will be transacted at the February 11% meeting. 7. ‘That contrary to the representations on Exhibit A Town of Grand Chute business was discussed at the February 11” meeting as verified by the sworn testimony of Mike Koles, the personCase 2024CV001179 Document 5 Filed 10-31-2024 Page 9 of 23 with whom Van Eperen, Wolff and Ings met at the posted meeting. Mr. Koles deposition testimony is attached hereto and incorporated herein as Exhibit B, 8. That attached hereto and incorporated herein as Exhibit C. is the notice for the March 9, 2023, meeting which again, affirmatively states that no town business will be transacted at the March 9* meeting, 9. That contrary to the representations on Exhibit C, Town business was discussed at the March 9" meeting including, but not limited to, a major discussion of a State of Wisconsin Department of Justice investigation along with concerns the three supervisors voiced about Town personnel issues as verified by the testimony of Mr. Koles who was also present at the March 9 meeting, = said testimony is part of Exhibit B. attached hereto. 10. ‘That on May 2, 2023, the Town Board of Grand Chute discussed and effected my termination as Town administrator without providing the notice required under Wis. Stat. Wisconsin Statute Section 19.85 (1)(b) which reads as follows: (b) Considering dismissal, demotion, licensing or discipline of any public employee ot person licensed by a board or commission or the investigation of charges against such person, or considering the grant or denial of tenure for a university faculty member, and the taking of fotmal action on any such matter; provided that the faculty member of other public employee or petson licensed is given actual notice of any evidentiary hearing which may be held prior to final action being taken and of any meeting at which final action may be taken. ‘The notice shall contain a statement that the person has the right to demand that the evidentiary hearing or mecting be held in open session. ‘This paragraph and par. (f) do not apply to any such evidentiary heating or meeting where the employee or person licensed requests that an open session be held. 11, Attached heteto and incorporated herein is as Exhibit D. is a copy of the actual notice used by the board for the May 2, 2023, meeting at which T was terminated by the board.Case 2024CV001179 Document § Filed 10-31-2024 Page 10 of 23, 12. ‘That Jason Van Eperen, Town Chaitman together with Jeffrey Ings and Ron Wolff, Je. (Collectively Grand Chute Town Supervisors) are subject to the penalties prescribed in Wis. Stat. § 19.96. 13, ‘That neither { nor the public were informed by the notice actually provided by Van Eperen that “final action may be taken” at the May 2, meeting and that I had the right to demand that the “meeting be held in open session”. 14. That the following witnesses can testify to said acts or omissions: Michael Koles, W7686 WIS-MMM, Shawano, WI 54166 b. Kayla Raatz, Grand Chute Town Hall, 1900 West Grand Chute Boulevard, Grand Chute, WI 54913, ©. James March, 3678 North Maple Edge Coust, Grand Chute, WI 54913, 4d. Ron Wolff, jt., 5090 North Millaweed Trail, Gand Chute, WI 54913 €. Jeffrey Ings, 4650 North Gillett Street, Grand Chute, WI 54913 £ Jason Van Epeten, 5711 West Broadway Drive, Appleton, WI 54913 g Brad Gehring, 5070 Century Farm Blvd., Grand Chute WI. 54913 15. That the following documentary evidence of said acts or omissions is available: See attached Exhibits A, B, C and D. 16, ‘That this complaint is made to the District Attomey for Outagamie County under the provisions of Wis, Stats. § 19.97, and that I hereby request the district attorney may bring an action to void the decision to terminate me and recover the forfeitures as provided in Wis. Stat. § 19.96 et. seq, plus any other remedies deemed appropriate plus costs and attorney fees. WHEREFORE, the complainant prays that the District Attorney for Outagamie County, Wisconsin, timely institute an action against the Town of Grand Chute, Jason Van Eperen, Jeffrey Ings and Ron Wolff, Jr. to void the termination of James March that was the product of the improperlyCase 2024CV001179 Document § Filed 10-31-2024 Page 11 of 23, noticed meeting on May 2, 2023, and recover forfeitures for all three of the meetings described above as provided in Wis. Stats. § 19.96, together with complainants’ reasonable costs and disbursements as. provided by law. STATE OF WISCONSIN) ) COUNTY OF Outagamie) James March, being first duly sworn on oath deposes and says that they are the above-named complainant, that they have read the foregoing complaint and that, based on their knowledge, the Subseiged and swom to beforeme CNEL this 4% day of Ockpper_, 20245"? contents of the complaint are true Notary Public/State oe Weceai My Commission: Maren 71.Case 2024CV001179 Document § Filed 10-31-2024 Page 12 of 23, i~ GCE Grand Chute TOWN OF GRAND CHUTE NOTICE OF QUORUM Wisconsin Towns Association District Meeting ‘The Marq 3177 French Road De Pere, WI S4115 Saturday, February 11, 2023 730 am. —3:00 p.m, ‘A quorum of the Town Board, Sanitary Districts, Plan Commission, Board of Review, Licensing Committee, Parks Commission, Community Development Authority, Joint Review Board, Zoning Board of Appeals and/or Police and Fire Commission may be present at the above listed event. No official action by the ‘Town Board, Sanitary Districts, Plan Commission, Board of Reviow, Licensing Commitee, Parks Commission, Joint Review Board, Zoning Board of Appeals and/or Police and Fire Commission will be taken at this event EXHIBITCase 2024CV001179 Document § James March v. Town of Grand Chute, et al. Filed 10-31-2024 Page 13 0f 23, Deposition of Michael J. Koles September 16, 2024 - - _ "age 2 a : 7 aged oe eee ees tories oo : ee ee 2 witness, being first duly swom, testified on acsnoas ; out tlie eee ‘ utara care ately rot ee matniee | 9c Yolen, 1 Snead yl baton wot ee eet +" tha rnrd fy ama take ave bac i dance 8 seme cocepntence vith you th eer fo Seneca > Sonmts and Imeracione Wat Jo say ba a 3) smarwrs Pema staereeen Sngeehat of the Defendants. | 1 with various Town Board menbers af the Tow of WR. RRLK S$. OLSEN, u Grand Chute, Ts that correct? ere Bok im ‘appeared via Zoom on behalf of Defendant 13 Q You have provided me with a set of docunents i a | 4 pursuant to the subpoena that T initially sent a 1s jou ld youre? Ss th a cena h tmhubie te. mrt foe Sete a eas ee me 1 0. T have mie ts Semen, ad thn wll be BF leo pasnts sane eho to 2 fad Bebe 1 tn our Seaton, tect a Bates stamped 258 to 309. 2 2 A oumer = 23° Q Does that appear to be the set of documents that 3 2 | you probe! epeaie to gene? eq 25 A Tt does. For the Record, Inc. | 888-892-0392 | [email protected] www.PTRMadison.com EXHIBIT iBCase 2024CV001179 Document § James March v. ‘Town of Grand Chute, et al. Filed 10-31-2024 Page 14 of 23, Deposition of Michael J. Koles September 16, 2024 Pane) Fage7] 1 @ Then T've also provided you with two other 1 questions about policy, procedure, et cetera, and 2 exhibits for this deposition, one is wibit 3 | 2 ware not happy with -- general dlseatiataction 3 fon the Ings deposition which purports to be a | 3 with what waa going on inaide Grand chute 4 Notice of Quorum for a meeting that waa to cccur | 4 @ So they voiced that dissatisfaction to you at that 5 on Saturday, February 11th, correct? 5 first encounter? 5k tos 5 A Right. 7_Q._And the other is Buibit No. 4 from the Inge 7. And those were the types of subjects that. Tom © Geposition. That purports to be a Notice of 8 supervisors have to deal with as part of Tom 9 Quon for a neeting that was to cccur on arch 9, | 9 business? 102023, correct? [20° A Yoo. Hot an uncormen conversat ten, MLA correct, LL Q But would those be the types of subjects that Tom 12 Q Did you meet with any of the Tow of Grand chute |12 supervisors in your opinion would be discussing as 13 supervisors on February 11 of 20232 }1 part of Tom business? MA Pabruary 11th was the date of what we call in the 14 A Ye 15 Towns Assoctation a district nesting. We hold 15 |15 Q Was your ansver yes? 16 of then across the state on Fridays and Saturdays |16 A Yes, 37 in that winter/early spring tinefesea, 17 Q Were you avare of how many supervisore there were 8 ‘Thay approached me after the district 18 in the Town of Grand Chute at the tine? 18 maoting, wsen I vas providing education as a 18 A Tyas avare that chore are five; four supervisors 20 teacher, T attend about half of those, so they --|20 and a chair, T believe. They have a flvernasber 21 ——_T happened to be one of the txainera at that 21 hoard. 22 particular one. I do recall having a brief 2 hen approached in that aituation, I -- it's 23 aitedow with thn after the meeting. Tt wasn't | 23 an educational evant, #0 you don't now the 24 acheduled. Te was just a happenstance mocting | 24 -——quastlons you're going to get at an educational 25 after the particular educatlonal evant. 25 avant ike that, We frane it as euch, aa an a Pages ae Page] 10 When you say they approached you, who were the | 1 educatonal event, and not an official meeting of 2 individual who approached you? 2° the Board or anything of that nature 3A We have 7,000 plus tom officials who are sabers. | 3 Ald not know at the tino exactly who I was 4 Tdontt iow all of thon, My beat recollection ia 4 discussing topice with until they introduced 5 that it waa Jeff Toga, dagon Van Eperen, and 5 thengelves to ne, hough 6 kon mole, 6 0. After they introduced theneelves to you, you 1 do recall it vas three of then. Tn 7 understend then to be three of the Tow © certain about that. No could, if necessary, check | @ supervisors for the Tom of Grand Chute, coreect? 3 the regiatration racord of that event. Tlzov it | 9 A 1 did, 10 waa the folks fram Grand Chute vio attended that | 10 Q and the subject matter, which they approached you 1 event. M1 about, was, as you have described, the types of 12 Q believe they have confirmed in theix depositions |12 Town business that Tom aipervisors typically have 12 that they did attend that event and did in fact. |12 to deal with 4 speak with you. T just wanted to teat your MOA correct 35 recollection for what may have occurred, 15 Q Did ehey inform you as to whether or not they had 6 at were the topics that they initially | 16 properly noticed a potential quorm of the soard 17 approached you about? 17 for that meting with your 16 A You're testing my memory because I take a lot of 18 A They did not, 19 ‘after the district meeting" meetings, For five [19 Q Prior to that meeting and prior to discussing 20 minutes folks want to talk to you 20 whatever St was you discussed with these 2 If memory serves no correctly, ey best guess [21 individuals, had you had any interact ion with 22° da that it waa in regards to frustration with 22, then? 23° events, generally speaking, in the Tom of 23 A Tid not. Again, we have 7,000 folks, 1 do not 24 Grand Chute. They vere new supervisors and chair, |24 recall ever having any interaction with thes 25 GET recall, at the tine, They had a lot of 25 before. They were new to me, For the Record, Inc. | 888-892-0392 | [email protected] Pages 5.8 www.FTRMadison.comCase 20240001179 Document 5 James Mareh v. Town of Grand Chute, et al, Filed 10-31-2024 Page 18 of 23 Deposition of Michael J. Koles September 16, 2024 Q Thay did not Yea. Page TT ham voters About how long did that first encounts 1 was not =~ just a general diepleasure with what the three of then weze present? [2 was going on in the Tom of Grand chute, wich is There's © Line of folks that often tines Line up | 3 how T would characterize that February necting, to want to talk tome. I have to believe it vas | 4 Te wag a mich sore in depth discussion about eso than 10 minutes, | 3 concema they had with generally what was going At any time during that initial encounter did they | 6 en, paraonnel, people quitting, and specific ask you whether or not you had a recomndation | 7 individual aa well, for an attorney that they could consult with? 8 0 Would you describe it as an extensive discussion ot during that seeting. No. 39 about Town business? Men you finished speaking with them on that wat cecasion, did they indicate that they vanted to | 11 Q All right. Do you know how they noticed up that circle back with you at all? 12 meeting where they brought up those subjects to ot at that tine. 1 your At the tine of the meeting that you had with chese |14 AT had no idea they noticed it until you sent the individuals, were you aware that there was an | 15. quorum notice to na today. My Supression is that cngoing Departnent of austice investigation into [16 they ware only going to have two folks there, vo potential problens with the bebavior of certain | 17 the attendance of Jeff was wnexpected. As you ‘om supervisors? |1e 12 see in the record, the invite was for two T did not lear that until the March 9th necting. |19 paoplle. 1 honestly id not realize who Jeff vas, Is the March Sth meeting the meeting that is at [20 ‘because T eae go many tom officials, until least purportedly noticed by Bxhibit No. 4 from | 21 probably partway through the meeting vinich -- then the Ings deposition that we reviewed? 22° T realized we have got three avpervisors here. It is. The place and location a 23 Why was that significant to you? consistent with my records or the place and tine |24 A Wall, ven you have threo mupervisors lacussing are conalatent with ay recorde, [25 town business without a notice of eoting, it's an —— Page TO] =e a od at that point in tine can you describe var | 1 dNegal meutiog. That'a pretty simple tom law. type of meeting you had with then. | 2 Q So all three of the supervisors were at that Well, the request, as you can aeo in the [3 reetinge van that it wav going to be a nesting | 4 A They wera. My recollection ia Jason was there for between Ron and Jasoa, T expected only two of 5 juat a very short period of tine and that he had Twas weer the belief -- and this is in | § to leave. I think dt wat dagen, It could have the material 1 put forth to you -- that the nature 7 been Ron. Agnin, we eee so nany people. One of of the discussion vas going to be sonathing @ then had to leave early, 90 ie sa probably only’ related to the League of Wonen Voters and scm «9=about 15, 20 ainutea of the esting, The other frustration they had with a violation of an 10 two wore thors for the duration, internal policy of the League of Honan Voters 1 Q hat sas the duration of the meeting? Nor, we have nothing to do with intemal | 12 A You bnow, T would have to -~ T attended a policy of other organizations, but the Tom of 13 fundraiser shortly after that for a senator. 1 Grand Chute is a very isportant tom to us. It's |14 cant recall what time that was and when the cour largest town. Meeting with then, given I vas 15 fundraiser started, I'm guessing it vas about ving to be in the area and I'm close, vas sot 16 «S100, My beat guess Se maybe 90 minutes) 60 to that big a deal to talk about sonathing that wat 17 90 minutes, Cortainly an hour, ‘probably going to be perfunctory at boot because X | 18 Q Other than vhat you have now described as the hhave nothing to do with the League of Hanan 19 topies that were brought up in the meeting, can }20 you be any more particular about things they were 1s that all you talked about at that meeting? 22—=—=—talking about? For example, did they ask you for Yio. That was vhat I thought T was going into, 22-—the nine ofan attorney? which ia in the record. (21 A Matto the mooting where they atked for a name of No. We talked about mich more than that. | 24 an attorney that would be effective at dealing ‘That was a small portion of the meeting, but there | 25 with perscanel issuep, trying to figure out how to For the Record, Inc. | 888-892-0392 | [email protected] Pages 9.12 www.FTRMadison.comCase 2024CV001179 Document 5 James Mareh y, Town of Grand Chute, et al. Filed 10-31-2024 Fage 16 of 23 Deposition of Michael J. Koles September 16, 2024 Tage TTT resolve conflict within Tow governmeat, ja ot caters Ja We get asked for those kinds of 3 recemendations all of the tine at the Towns 4 Assoctation. T gave then the nane of a fim, the | 5 Attolles law fim, who does quite a bit of wrk in | 6 the public sector and is highly regarded ancogat | 7 town officials ‘ In addition to discussing with yeu the possibility | 9 cof getting an attorney to deal with persomel {10 souea, did they have anything to say about the | 11 performance of Jim Marek? 2 Sin cane up as scmsbody that they wore frustrated | 13 vith, The omy thing that T can cananber that |4 Cay in particular brought up yas their opinion | 15 Uhat he was overpaid viich is what led to what you | 16 ee in the dlalog that I provided you via ail, | 17 e's an email dialog about how thowe types of | 18 personnel compensation studies work which T'a 19, ratty familar with 2» As far as your recall is concerned, that's the 21 conly concern they had or at least voiced with | 22, Sim Yareh at that meoting? MS. WEBSKY: Tm going to object to the form, It misstates bie prior Page te testimony. Subject to that, you can answer. Yes, I belive that vas about Lt with regard to aia, Were you faniliar with the attomeys who | customarily serve the Town Board in Grand chute? T don't even know who they are, to tell you the teuth Are you familiar with the Hereling Clark law flaw? | 9 koow vo the firm is. Yaa 10 In addition to talking about Jin's salary and = [2 their level of frustration, did they indicate to |12 you anything about the fact that there vas an 12 ‘ongoing OOy invest igaticn related to their rt conduct? 15 ‘This vas the most interesting part of the 6 Aiscussion, quite honestly, because it sounded | 17 alnost fictitious the way it was being described, | 16 Yeu, They did talk about that sn detail, about | 19 being raided and -- no details as far as exactly | 20 vat the clains were but more to the point of the | 21 business va raided and “black helicopter were 22 cconing down to take on Ron Wolef." 23 Mo details. I had to actually dig into ita /24 Little bit about At after the fact to find out | 25 Frage] actly what was going on. There wag stories about how his business, T believe, was raided or ‘nis hone was raided by DOJ folka Did they indicate viy they were talking to you about that? ‘They did not. 1 think that vas Just part of the {general concern sbout what. vas going en in Grand chute, So that appeared to be sonething that was on their inind when they visited vith you Yeo, Yoo, For sure, In tems of inportance in the discussion with you, id that take on a major role in that discussion? X MR OLSEY: That's a vague Tim going to object. MS, WBINSKY: will join ae veld. It also calls for speculation or st may call. for speculation Subject to that, you can answer Pron a tine standpoint it sas certainly a goed portion of the seating. lat me direct your attention to the docunent which ive said we would ke rarking as Exhibit No, 1 Which starts with -~ in fact it's the only exhibit question 1m marking in your deposition. 1 starts with page 256. eeu, Tt purports to be an enail from Ron WolfE to yourself and sone other recipients, The email purports to be dated March 19, 2024, Te includes 8 etaterent or ansther erail that he's forwarding to you apparently where the subject matter is "Wy Story: Unvedling the Truth Behind Grand chute's controversy." 4s that an email that you received from Ron WoltE? raid, And this appears to be an email that was mailed to you after the March -- T vant to make sure T have 4k right, TC was after the March 9th meeting coneect? ya, This is a year later, Thie ia March 19, 2024, The email that T think you're referring to == that one. Is it on page 2587 Yes. It's page 258 Yes, Tate a year later. bolleve that ie after the crininal -- one of our atagé wae subpoenaed in the criminal. 1 think he gent eat ut after the jury found him not guilty in the For the Record, Inc. | 888-892-0392 | [email protected] Pages 13..16 www.FTRMadison.comCase 2024CV001179 Document 5 James March y. ‘Town of Grand Chute, et al. Filed 10-31-2024 Deposition of Michael J. Koles September 16, 2024 TageTT Page] 3 griminal trial 1 the March 9 meeting 2 This vas a video. I believe Tvatched part | 2 Foous in on February 11, If T head your 3 of Lt, where -- I really didn't have too mich time | 3 testimony correctly, you didn't know in advance 4 to spend on this -- he yas trying to tell Ms side | ¢ that one or more Tom of Grand Chute Board menbers Sof the atory. 5 would be approaching you after that district © Q Was there any reason that you would be a person to | 6 meeting, correct? 7.___receive such a correspondence that you know of? | 7 A I did not. 8A Tyas actually surprised I got it, to tell you the | § Q Do you have personal knowledge ne way or the 3 teh, 9 other as to whether the Town of Grand Chute posted 10 T didn't print otf a hard copy with the page |10 a meeting for that potential talk with you after 31 aumbere vhich eised out. T've got Lt up now. 11 the district meeting on February 11h? 2 H. POK: Actually, I have no 2 MR, POX: Object to form and nu further quest ions faa foundation, u Nr u o ahead. 35 By Ms, Labinsy 15 A 1 didn't Lear about the posting actually until 16 Q Wy nane is Lori tubinsky, Mike. T have afew |16 tht morning when T checked tr, Fox's enadla. 17 questions, 17 Q What did Mr. Pox enail you this morning? 8 (can you see and hear me okay? 18 A dust the quorum notice that 1 believe averyboty A vee. 19 would tave received. 1 don't know 1€ everybody 20 0 All right. You have had some conversations with [20 got that. Ye 21 Attorney Fox prior to today's deposition, correct? |21. 0 Okay. hae 22° A hat was exailed to everybody this somning.. 23° Q- Have you talked with him at all or anyone fron hie | 23 NS. UBINSKY: OFF the record Bu office about the subject matter of your testimony? | 24 (Recess) 25 A Woe at all. Tt vas alsply acheduliag, 5 NS. UIBINSKY: Back on the xecord, r — — rr Page 1 Q You don't need to repeat logletice with me 1 Qe, Kales, soryy for the delay, 1 have in front 2 He marked a Hyhibit 1 Sates stamps 258 2 of me =~ Tim locking at Ings Exhibit 3. TE you 3 through 309. Ts that the eum total of the 3 could Iook at that on your end. Do you have it on 4 dccunents you provided to his office? 4 your screen or in front of you? 5 A Twas a Little surprised that the subpoena, SA Twi pull dt wp. 6 actually =- there really Len't a lot of == t've | 6 © Q. Thank you 7 hada Lot more comanication with other tom 7A okay. rive got te, 8 officials, @ QI assume prior to neeting with the uhree 5 QT just want to make sure my office has everything. | 9 gentlenen -- JefE Inga, Jason Van Eperen, and 20 Let ee try that question one nore tine. 10 —-Ron WOLFE =~ on February Lith that you hadn't seen MA Tm aorry. There's nothing -- everything that [11 bit 3, correct? 12 Me, Fox emailed earlier today a the totality of [12 A I had not, T did not see it until this moming. 13 what T sont over 13 Q then you were nesting with then after your 14 Q. Bcellent. Thank you 3M district meeting, you had no idea one way or the 6 T do have a couple follow-up questions fron | 15 other whether a notice for that conversation had 16 the substance of your testinony. I vant togo [16 been posted, correct? 37 ack to the February 11 meeting. okay? 17 A correct 1B oA Yes 18 Q tow I want to go to the topics as you recall. ther. 1» WS, LBINSKY: id ve lose his? [191m just trying to reézesh your menory, if 2 at's go off the record 20 possible. You said there were frustrations 2 (iscussion off the record) 21 that ~~ T wrote down they vere expressing 2 NS. UBINGKY: he axe back on the |22 frustration with events in Grand Chute, general 2 record, 21 dissatisfaction, and that they vere new 24 Q Wike, this shouldn't be long here, want to [24 supervisors. 25 first talk about the February 11 necting and then | 25 o you have any more specific recollection of For the Record, Inc. | 888-892-0392 | [email protected] Pages 17..20 www.FTRMadison.comCase 2024CV001179 Document 5 James March v. ‘Town of Grand Chute, et al. au 2 Bb u“ 1s 6 7 a rr 2 a 2 2 4 25 n 2 a a“ 18 16 7 8 w 20 a 2 2 2% 25 Yage2T shat their frustrations or general dissatisfaction | 1 vere that they expressed to you in the February 11 | 2 reetirg? Ja T's oo long ago, T camot remember any specifics | 4 otis tan a geeal =~ agai ike 1 sald Beare, | 5 general concerns, dissatiatactien, et cetera. | 6 Tm going to go then to the next meeting, the 1 Warch 9. You indicated that at least for about | @ 15 minutes -- vas it the sane three supervisors | $ ho net with you en March 9 that had met with you | 20 on February 11? a Weld, Like said earlier, with the February 11th 12 one I'm pretty aire it van hose threo, ap I said. | 13 They vere new to ne, I offered to check the M registration records. I'm guessing 4t's going to 35 contire that i wap those three 16 1 am cortain for the March Sth nesting that 17 st vas Jett, Jason, and Rn, jae at registration records would you hive for 38, Febrary 11? Tp hat outing ere Toma 20 Association would hive a record of sho stewed up? 21 Me have record of vo replatered. We do not 22 take ateatance at thne, bit, yan, we would |23 tava + wo have 4 cacord of wo Foglatesed forall 24 Zo | ae fo A twa to stan a op of tae Cron Tcld at you to lock eck nour Fesitetio? | fer. me foie a8 oe | Esl ac at tt dh Use T ould Sot ack ou to bv sombody tack tn nas foo tx ot cont nt replied far he Rdzuy nti. fora care, You cn jut eed coneel of | recon elo ed cp of Cat | tte shall T ond fe tt 1h Why don't you send it to Attorney Fox since you | 12 ‘have been emailing him. 1 trust him. He will [2 tate aus to et Ut toa cone ‘ oy. 3 fs lah ys to fk ews te | faye "us coistration show tar Tom Servs | 17 A, B, and C registered, that's fine with me. 18 Sounds goed. his tow T nant to move to the March 9 meeting. It 20 sounds to me that you knew in advance you were | 21 going to be neeting vith one or sore Town Board | 22, renbers because I believe you said something to | 23, the effect that an invite vas sent Yea, Tn T think what you guys are calling 2s Filed 10-31-2024 a ° Fage 18 Deposition of Michael J. Koles September 16, 2024 FaeT] paibit 1 -- Yes ‘At the very end you will see the baginning of the ‘4iscussion that led to the invite. e's at the very end. T'm trying to find the page nurbers on fe. Yes. 1 know 1 vas going to be seeting with ‘Jason and Ron. That vas the Lnvite. 1 did not expect that Jett was going to be there, 1 you look at ates 308, at the very botton there {is an email fron Jason Van Bperen dated Febniaty 27, 2023, that vas sent to you and in part reads "hike, T would 2ike to schedule a tine to met with you to discuss sone topics that are going on in our Tom goverment. Sipervisor fon WoltE will also be joining also." That's consistent with your nerory? That Ss. okay, Twas a Little surprised when Jetf shoved vp. JE T heard your testincny correctly, either ‘Jason Van Bperen and/or Ron WolEE left about 45 mimites into the meeting, give or take Yeo, Tt vas one of than. T think {t was Jason, but I can't be certain, ‘They did leave. civen oa Page the nature of the dlscussion about the GOA, I'm ‘leo positive it vas Jason because, obviously, Ron we the one that vas under investigation. There wore only three of then there for about 15 aintes ‘can you go to Bates 296 15 ages dn 1 got i, 1s this an enail you received from fon Wolff on Monday, March 27, 2023, at 9:08 a.9.? Watch page munber ia ik? 2967 ves. ot it. 1 would Like you to just read to yourself the rail, and let us know when you're done okay. T want to actually ask you @ few questions about this onal. sure Yy questions will all relate to whether this email refreshes your recollection as to anything specific that was discussed at the March 9 meeting nay, Jn the second Line Ron WoLEE indicates "Jasen and Ita about 10, For the Record, Inc. | 888-892-0392 | [email protected] Pages 21..24 www.FTRMadison.com.Case 2 2024CV001179 Document 5 James Mareh v. Town of Grand Chute, et al. Filed 10-31-2024 Fag Deposition of Michael J. Koles September 16, 2024 we » e Tage T will see exit papers after four sonthe of 1 ° 2 T want you to assume that ubat he was 3 referring to is exit interview papere for ‘ exployees who resign or nayte are terminated and | § they do an exit interview. ‘ Assuning that's what he's talking about on | 7 exit interview papers, wy question is this; Do | @ you recall anyone at the May 9, 2023, nesting 5 expressing concer over the Town supervisors not | 10 receiving ~- in what they believe a tinely u ramer -- exit interview documentation? 2 )8. FOX: I think you meant to gay | 12 March 9. You said may 9. hu MS. WOBINSKY: Yes. Let me try it 15 over, 6 Mike, d> you recall at the March 9 meeting any of [17 the supervisors expressing dissatisfaction, 1B displeasure, or otherwise complaining about the | 19 fact that they had at least in their mind not | 20 received timely certain documentation xelating to | 21 exit interview? 2 Barlier I talked about just general complaints | 23 about what wan going on in Grand Chute. tori, it | 24 ‘very well could bo that they talked about that. | 25 Page 4's been so long ago that I can't renmber if 1 that vas specifically the case. Again, the one | 2 specttic T really renusber regarding the personnel | 3 4 they thought Jin was overpaid, 4 T heard that. I'm just trying to refresh your | 5 6 7 ‘ ’ senve enory. If the ansver ie it doesn't refresh your sanory, that's okay. | 1 just can't remember ‘Ten in the sane enail -~ ver. 20 The next sentence says "Still waiting for IT n papers requested three ments ago." 2 Does that refresh your recollection that a there were complaints or gripes about act easing | 14 TT papers at least shat they thought was in a 15 timely warner? 6 Information technology papers? ” ves. jie In ay brain T just aore of categorized everything | 19 vas a bunch of complaining about a bunch of seuss | 20 in the Tom of Grand Chute. Specitics as far as |21 XT papers or exit paper -- we could have talked | 22 bout it. 1 just can't renexber. jaa 1 couple Lines dom there's xefezence to 2% "Financial person quit." It says “They found one | 25 Fae™] cexying in the basenent." Trying to keep this big picture for you, vere ‘personnel concerns one of the frustrations or the dissatisfaction -- those were the words you hat was raised? A Absolutely. when T say general, -- they talked about personel igmues, The only one that I renenber specifically -- although others would have been talked about -- 8 the overpayzent of the adalntetrater, @ Other han asking you for a recomendat ion or a reference to a law fim, vas there any other ask fof you as you left that Maxch 9 meeting? A Tean't renmber Af there waa or not. We get requests all of the tine, Tf there waa, 1 probably would have responded via enail, though, tnd T don't have any enail correspondance at euch. NS. UBMSKY: Those are all of the questions I have, but Attorney Brian Willians and Attormay Bik Olsen may have sone ‘Thanks for your tine MTT By Me, Willian: Q dust briefly, Nr. Koles, Axe you avare the Toms Association ever providing advice or guidance an how toms would respond to outside agencies conduct ing investigations? A No, That's a Little bit out of our whoalhou Would you advise your menbers of the Toms Association that if they're contacted by a state investigating agency that che Town has a duty to cooperate with that state agency? Aone of our attorneys may wall anaver in that ‘manner, I do nt inaw if they received that question oF not. 0 So it would be fair to say that you have never fielded any questions from anybedy from the Town ‘of Grand chute with regard to how to or whether they have the requixenent to respond to =~ AT have not persenslly. Ho. YR. WILLINS: that's all. have. Mm. POX: Anybody else? NS. LIBNSKY: Erik? Do you have By Me. Pox OT just have one more question. Were you auare Nike, on April 11th at a Tom Board meeting that Jason Van Qperen publicly anounced that Jim March For the Record, Inc, | 888-892-0392 | [email protected] Pages 25..28 www.FTRMadison.comCase 2024CV001179 Document 5 James Mareh v. Town of Grand Chute, et al. Filed 10-31-2024 Fage 20 of 23. Deposition of Michael J. Koles September 16, 2024 ae a es eo occa ie 4 Sos | sneer rt a oe : ee eee eee os 7 i = oc | n |» ce _ : Iz a z : _ —_——___ Sg conaman yer | ; ee eee fe eae ee eee oan en sects ee i eee ee Pao eee een Seca ee eee Hi ree rreproeneers eco eee eer pees er eae ee eee 16 IN WITNESS WHEREOF, I have hereunto set my hand | ee oem cea ane ieee B Ufnane : rcpt ees 7 eee 2 ' i a For the Record, Ine. | 888-892-0392 | [email protected] Pages 29.31 www.FTRMadison.comCase 2024CV001179 Document § Filed 10-31-2024 Page 21 of 23 Fr he Rd ne (aon asa Grand Chute TOWN OF GRAND CHUTE NOTICE OF QUORUM. Holidays Pub and Grill 3950 N. Richmond Street Appleton, WI 54913 ‘Thursday, March 9, 2023 A quorum of the Town Board, Sanitary Districts, Plan Commission, Board of Review, Licensing Committee, Parks Commission, Community Development Authority, Joint Review Board, Zoning Board of Appeals and/or Police and Fire ‘Commission may be present at the above listed event. No official action by the ‘Town Board, Sanitary Districts, Plan Commission, Board of Review, Licensing Committee, Parks Commission, Joint Review Board, Zoning Board of Appeals and/or Police and Fire Commission will be taken at this event. EXHIBIT aeCase 2024CV001179 Document 5 Filed 10-31-2024 Page 22 of 23 i ee, Grand Chute experience better (REETING DATE TIME I LOCATION Town Board Tuesday, May 2, 2023 Immediately following Board Room Sanitary District 1900 W. Grand Chute Blvd. “REMOTE AUDIO OPTIONS™ Note: Stay connected from Sanitary District Meeting for the Town Board Meeting Web Access: htos://grandchute,my.webex.com/grandchute. my/i,chp?MTID=ma00f1495576889fa02fc616d0358ea69 ‘Access Code: 126 909 3174 Meeting Password: 1900 Telephone Access: Dial: (408) 418-9388 ‘Access Code: 126 909 3174 Meeting Password: 1900 A. CALL TO ORDER/ROLL CALL B. APPROVAL OF AGENDA/ORDER OF THE DAY. C. PUBLIC INPUT Members ofthe public are welcome to address the Commission and Town Board, Individuals are allowed to ‘Speak only about agenda items and must fill out a "Request to Speak” form and submit to the Town Clerk prior to the start of the meeting in order to speak during the Public Input segment of the meeting. H you wish tos} attending remotely, you must contact the Town Clerk 48 hours prior to the start of the meeting for special accommodations. ‘This segments placed early in the agenda so that the public may make their comments prior to any discussion or action by the Commission or Town Board. Individual comments are limited to no more than three minutes each. The Public Input section is limited to total of 15 minutes. The Commission/Town Board may suspend this re i deemed necessary. ‘Once the public input segment ends thare wil be no adéitional discussion from the audience. D. CONSENT AGE! {ems on he Consent Agende ar oun innate an aque one mono approve allem xed. Pst a vting on he Conse Agende amon th Consent ‘Agoda maybe remeved al he request ary Sopntacr anc adraaed my alow atone sppans he aharans So ne Seneen Moorea 1. Approve workshop minutes from March 30, 2023 and regular meeting minutes from April 18, 2023, 2. Licensing: (applications on fie in the clerk's office)(Licensing Committee recommends approval). a, Change of Agent: Cheddar's Casual Café, Inc. dba Cheddar's Scratch Kitchen, 4531 W Wisconsin Ave, Ryan Pitzen, agent, b. Change of Agent: Brinker Restaurant Corp. dba Chili's Grill & Bar, 1170 N Casaloma Dr. Erick Solero, agent. ©. Change of Agent: WRLP Appleton LLC dba Hampton Inn Appleton, 350 Fox River Dr. Melissa Johnson, agent. 3. Approve Special Event permit for Gordon Bubolz Nature Preserve for the Ales on the Trails event to be held on June 9, 2023 with the following conditions: 1, Must have a person checking ID's and wristbands. 2. Licensed server monitoring alcohol distribution and consumption, 3. Premise will be clearly marked and the intersection trails will be roped off to keep participants on the trail. 4, 2022 Fire Department Annual Report 5. 2022 Police Department Annual Report E. FINANCIAL REPORTS 1. Approval of Voucher List ~ May 2, 2023 F. NEW BUSINESS 1. Committee Appointments: EXHIBIT I ADCase 2024CV001179 Document § Filed 10-31-2024 Page 23 of 23 a. Joint Review Board ~ Pat Thompson, Jim March b, Room Tax Commission ~ Jeff Ings, Brad Gehring, Jim March c. Convention and Visitors Bureau ~ Jim March 2. Plan Commission Recommendations a. Condo Plat CP-01-2023 requested by 813 Holdings, LLC, 230 S. McCarthy Road, to approve ‘Addendum No, 2 to the College Court Condominium Plat to expand Unit 6. Plan Commission recommends approval b. Special Exception Amendment SEA-01-2023 requested by FVT Enterprises, LLC, doa Fox Valley Truck, 5750 W, Neubert Road, for expansion of a farm implement and lawn care equipment sales and service business. Plan Commission recommends approval. ©. Special Exception Amendment SEA-02-2023 requested by KT Real Estate Holdings, LLC, dba Kwik Trip, 4735 W. Converters Drive, for replacement and operation of an electronic message center sign, Plan Commission recommends approval. 3. Discussion/action regarding canceling the July 6" Sanitary Commission and Town Board meetings, 4, Authorize staff to proceed with bidding Arrowhead Park Boardwalk project. 5. Award of bid, Contract 2023-04, roadway extensions, to David Tenor Corporation, in the amount of $1,089, 150.40. 6. Discussion/action regarding utility extensions along N. Gillett Street and authorizing staff to proceed with bidding. G. CLOSED SESSION 1. Consider motion to convene in closed session pursuant to WI Stats. 19.85(1)(c) “Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility,” (e) "Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session,” and (g) "Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which itis or is likely to become involved,” to wit: to discuss the performance of the Town Administrator, confer with special counsel regarding the Town's rights and responsibilities under the employment agreement with the Town Administrator, review the Town's lagal position in relation to the Administrator's counsel's correspondence and otherwise discuss the Town Board's legal position in relation to same. 2. Motion to adjourn closed session and reconvene open session, F. NEW BUSINESS CONTINUED 7. Discussion/action regarding matters discussed in closed session, H. ADJOURNMENT rh ow cat Tg al an as ow ely nama 275 cen ct 9 aon lain lca en net mn ain Sam Ss Opn se SERN as eee gta Par che cn 92049254 ah tin 260 of Ponta Quorum: gurus Santry, Pn Conran, ca Rai Corrie Pais Cosi, Commun Dnt cry, rt Rv Sou Zorg ant ap se Pn and re Carn mayen rar mes na une guhcoy elon eaohedeasans onlors tone eee ne owas ut sherman nec agian ta sere sary Gator Pas Cereb beat a Revas ants Conaies Faas Conan eae Page 2 of 2