- Rationale

Introduction

The purpose of this site is to track a series of criminal and ethics complaints against numerous individuals affiliated with the University of Wisconsin System. The law appears to provide for criminal remedies to misconduct on behalf of these individuals, and ethics rules appear to provide additional remedies for any unethical behavior on the part of attorneys.

These complaints are intended to bring accountability and integrity to a culture that clearly lacks both. Civil remedies usually result in settlements that include nondisclosure and non-disparagement clauses, and these bring no accountability to the University - they are free to continue to act in exactly the same way as they did before the settlement.

The complaints found on this site have all been filed with law enforcement. In some ways they are tests of the system, and these complaints raise many questions. Do the statutes mean what they say? Are public employees required to follow the law? Will law enforcement actually enforce those laws on behalf of the people those laws are purported to protect?

And then there are the attorneys who provided counsel to all of these alleged offenders, and in some cases may have committed offenses themselves in their capacities as public employees. Will they be held accountable by law enforcement? Will the Office of Lawyer Regulation hold them accountable?

I think that the citizens of the State of Wisconsin deserve to know exactly where the lines are drawn, and by making all of this documentation available to the public, I hope that those lines will become bright and clear.

The documents, audio and commentary contained in this site are all a matter of public record.

- Kuhl (click a button to access the file)

Exhibit 645 - Aug 21, 2018 - Initial Complaint

Cover Letter
Commentary:

This was mailed to the Walworth County District Attorney.

Exhibit 646 - Aug 21, 2018 - Initial Complaint

Verified Open Meetings Law Complaint
Commentary:

This was mailed to the Walworth County District Attorney.

Exhibit 647 - Aug 28, 2018 - Investigation

Complaint Sent to Investigator
Commentary:

I copied Detective Robert Schiltz of the Walworth County Sheriff's Office on the complaint, as he had investigated my previous complaints.

Exhibit 648 - Oct 17, 2018 - Investigation

Status Report from Investigator
Commentary:

In his email to me, Schiltz indicates the status of his investigation.

Exhibit 649 - Nov 5, 2018 - Investigation

Status Report from Investigator
Commentary:

Schiltz indicates that he has received information from Stokes but has not had a chance to review it.

Exhibit 650 - Nov 5, 2018 - Investigation

Request for Details
Commentary:

Having heard that the University responded to Schiltz, I was naturally curious as to what they said.

Exhibit 651 - Nov 9, 2018 - Investigation

Amendment to the Complaint
Commentary:

I wanted to clarify that my purpose in trying to determine whether proper notice was given was that if it was not, then the hearing was not held legally, and as such anything that happened at that hearing can be voided.

- Does Wis. Stat. 19.84 apply to disciplinary hearings? Does failure to properly comply with Wis. Stat. 19.84 provide sufficient cause to void actions taken at the illegal hearing under Wis. Stat. 19.97?

Exhibit 652 - Nov 9, 2018 - Investigation

Amendment to the Complaint - Attachment
Commentary:

This is an excerpt from a draft complaint that sets out the argument for voiding actions taken as a result of the illegal hearing.

Exhibit 653 - Nov 12, 2018 - Investigation

Response of the UWW
Commentary:

There is some confusion about some of the language associated with both the open meetings laws and open records laws.

Exhibit 654 - Nov 12, 2018 - Investigation

Clarification
Commentary:

I provide some clarification or interpretation of the UWW's response to Schiltz.

Exhibit 655 - Nov 17, 2018 - Investigation

Formal Criminal Complaint Filed
Commentary:

Because of their failure to provide me with the open records I specifically requested on several occasions, and because they had failed to respond to other requests, I filed a criminal complaint against both Sara Kuhl and Alexandra Stokes, designated records officers of the UW-Whitewater, for misconduct in public office for failure to perform a "mandatory, nondiscretionary, ministerial duty" "in the manner required by law".

Exhibit 656 - Nov 17, 2018 - Investigation

Formal Criminal Complaint
Commentary:

This is the formal complaint. Although open records law provides a remedy to gain access to records which the records officers have indicated they cannot or will not provide, this does not really address the issue of persistent avoidance of the requirements of the statute, which are to either produce the records or state why they cannot. When they do neither, then there is alternative recourse - charge them with intentional failure to perform their duties under the law. In this case, I allege the records do not in fact exist, and if that is true, then the remedies provided in open records law to compel release are not applicable.

- Can misconduct in public office statutes be applied to public records officers who are unresponsive to legitimate open records requests?

Exhibit 702 - Jan 4, 2019 - Update

Complaint Sent to District Attorney
Commentary:

I was informed by Detective Schiltz that my complaint had been sent to the district attorney a day earlier.

- Detective Schiltz never spoke to me, the victim, about this complaint.

- Contents - Criminal Complaints

Rationale
On the Legal Aspects of University Disciplinary Proceedings in Wisconsin

A brief study on the applicability of the statutes and case law

First Attempt - UWW Police
February 9, 2017 - February 16, 2017 (Closed)

Violations of open meeting law, felony extortion

Kopper et al - Walworth County District Attorney
September 28, 2017 - December 11, 2018 (Closed after 440 days)

Violations of open meeting law, felony extortion, felony misconduct in public office

Portman et al - Walworth County District Attorney
November 9, 2018 - present ( 75 days and counting... )

Violations of Faculty Personnel Rules, felony misconduct in public office

Kuhl and Stokes - Walworth County District Attorney
November 17, 2018 - present ( 67 days and counting... )

Violations of open records law, felony misconduct in public office

Klein et al - Dane County District Attorney
December 3, 2018 - present ( 51 days and counting... )

Violations of UWS 4, felony misconduct in public office

Lathrop - Dane County District Attorney
December 3, 2018 - present ( 51 days and counting... )

Falsificiation of public records, felony misconduct in public office

Lind - Dane County District Attorney
December 7, 2018 - present ( 47 days and counting... )

Falsificiation of public records, felony misconduct in public office

Kumpaty et al - Walworth County District Attorney
December 14, 2018 - present ( 40 days and counting... )

Violations of Faculty Personnel Rules, felony misconduct in public office

Olson et al - Walworth County District Attorney
December 15, 2018 - present ( 39 days and counting... )

Violations of UWS 4, felony misconduct in public office

Mertens - Walworth County District Attorney
December 15, 2018 - present ( 39 days and counting... )

Perjury, felony misconduct in public office

Various Complaints - Walworth County District Attorney
December 16, 2018 - present ( 38 days and counting... )

Various offenses, felony misconduct in public office

View Ethics Complaints

Additional complaints will be added as they are filed, and existing complaints will be updated as they progress.