More troubles in Black Earth

“This is not working,” Black Earth Village Administrator Shellie Benish said at the April 13 board meeting, about communication “protocols” concerning how the Library Board, the Village Board, and their respective administrators and directors email each other. What sparked the at times contentious Village Board meeting was an agenda item concerning Trustee Mary Scott’s “behavior.”

At issue was an initial email by Scott to acting Library Director Kirsten Rogers; an email which then led to over 25 responses and forwards to all village board members, Benish, but not Library Board members. These emails were obtained by the Star News from an Open Records Request to the Library Board. (See below for the emails.) Those emails came to light after Library Board member Simone Munson’s April 7 email to the entire Library Board. The email read, in part:

“It has come to my attention that there was a string of emails involving members of the library board, the village board, and the village administrator in which disparaging remarks were made about the village administrator by a library board member. 

Based on the information that has been shared with me, I have some concerns. 

First, what exactly did the emails say? and what was the rationale for saying it?

Second, why wasn’t this information shared with the entire library board?

and Third, how do these emails impact the work and reputation of the board?”

 

The issue at hand

 

What is clear is that business owner and Library Employee Miles Varichak was asked by Benish to remove a campaign sign for  Scott from his business’ property. Scott contends he was asked to remove the sign because Benish said it was a conflict of interest for a library employee (and therefore a village employee) to campaign for someone in a local election. Benish, in an email to Library Board President Gary Schuetz, said the following:

“I appreciate your concerns with this however, I am pointing out my conversation with Miles was regarding his business. As the Village Administrator, Clerk/Treasurer and Economic Development Coordinator, I am allowed to discuss business with business owners daily. It is unfortunate the conflict of Library employee interferes with his business ownership here.”

She continued:

“I will not discuss personal business discussions unless authorized by the business owner to do so. There was no reason to include the Library Director on this conversation or any other member of the Library Board or Village Board. In this case, Miles is sponsoring and Easter Egg Hunt for the Village in which the Village along with Black Earth Chamber, Fire Department and Mazomanie Chamber are involved. As all of us are non-profit entities, the entities asked me to be sure Miles understood they cannot support any political position with their sponsorships. That includes the Village. The Village is helping the Chambers, Fire Department and collecting donations for the event.”

“This discussion had nothing to do with Miles employment.”

“The Village can’t show political support to any one candidate. As such, the Village Board is included on this email string as well so we can all be clear and transparent over the intent in which you are in need of clarification of.  If you feel Miles[‘] outside employment with his business is interfering with his employment as a Library employee, I might reference you to Village Employee Handbook section 2 for conflict of interest. Not sure how the Library handles that however, your email indicates this is an issue.”

 

The complexities of

board communication

 

At the board meeting the question then became how Library Board communication goes about. Scott explained that all emails go through the Library Director--at the point in time above acting Library Director Kirsten Rogers. She said this is done so the board can avoid a “walking quorum.”

A walking quorum, per the Wisconsin Open Meetings Guide, is “a series of gatherings among separate groups of members of a governmental body, each less than quorum [majority] size, who agree, tacitly or explicitly, to act uniformly in sufficient number to reach a quorum.”

The Director then distributes the information to all the board members.

In the 25 or so email exchanges above, and refenced in Benish’s email to Scheutz, the Village of Black Earth board members were directly involved in the email exchanges, instead of going through an administrator or director like the Library Board.

Scott also claimed it was Library Board policy to always have a recording device when talking to Benish one on one, with an unequivocal “Yes.”

 

“Openness”

 

In a wide-ranging discussion about the need--and request for by Scott--for openness, the Village Board felt she had not been open in the email exchange, in that the Village Board was not included until Benish included them.

“What I saw was not openness,” said board Member Tyler Munson.

“If you can’t walk the walk...you lose that credibility,” continued Munson.

In the end, the board chose to not pass a resolution for conduct unbecoming against Scott.

 

Moving forward

 

At the April 21 Black Earth Library Board meeting, the members discussed these issues at length. They also wished Scott well and thanked her for her service, as incoming Village Board President Mitch Hodson has indicated he will remove her from her post on the Library Board.

The question then turned to the best way to bring on board the new Library Director, Bailey Anderson.

“Bailey’s success in this position is my highest priority,” said Schuetz. In his discussion with Hodson.

“My opinion,” said Schuetz to Hodson, “of the biggest obstacle to her success,” 

“Is incomplete, incorrect or changing information coming out of the Village Administrator’s office.”

“And I said that several times,” said Schuetz.

“My goal is not to have to sit here and worry if he Village President or the Village Administrator are going to work to undermine the Library Director any chance they get.”

“Because that’s--what I told him--what I’ve seen in the past.”

Hodson said he understood the concerns and will work to remedy them.

“At this point,” said Schuetz, “I have to take him at his word.”

 

The emails

 

Tue 3/23/2021 1:28 PM (From Mary to Kirsten) 

 

Kirsten, 

Miles informed me yesterday that Shellie told him to take down my campaign sign at his studio because he is “a village employee” and he is not allowed to campaign.  

This is another blow challenging the library’s authority.  

Firstly, there is no policy that an individual who works for the village cannot campaign on their private property or at their place of private business. She lied about policy to Miles to  intimidate him. He said he would remove it, believing her as an authority figure. Sound familiar? As he had time away from her, he thought about it and what she said seemed wrong. He is leaving the campaign sign up confident that when he is not punched in at the library, he can support a candidate for village president off the library grounds; the same person he supported with the same sign last year without incident. The same person who’s sign is appearing in another library employee’s front yard without incident. 

This is the second time that he has been requested to remove my campaign sign from his studio. The chamber is saying that he needs to remove it for the 2 hours of the Easter egg hunt if he wants chamber participation and fire truck appearance. The Easter egg hunt is in the park, by the way. 

Question: If a library emoplyee [employee] is being harassed or intimidated by a village employee, and the library does nothing about it, who does the finger point to?  

Secondly, Shellie has no authority to confront a library staff member. She is thumbing her nose at your role and at the library’s authority again,  and at proper chain of command. Sound familiar? 

I called Marc to see if SCLS could be of assistance, but he said they cannot assist w more than information. He said she is clearly wrong.  

I have permission from Miles to pursue this with her using his name. We have no village board meeting scheduled between now and election, and a special meeting would be an option that I am certain the village president would not support. My hands are tied until April at the VB level. This was an obvious bidding for the Mitch camp with Miles as the target.  If history has taught us anything, the library shouldn’t wait for the village to handle their own.  I feel the library must stand indepently [independently] and strong with a response. 

The Library Board needs to be informed as soon as you feel possible. This proves that no matter how many news articles, how many meetings, lawyers, agreements, and the loss of Carolyn knocking the legs out from underneath our operations with the loss of our director (no disrespect to you for all your hard work, generosity, and commitment to stay on). Shellie will not stop imbedding herself into library business on behalf of whomever is inciting her, though sometimes she is self-motivated. One can assume from this with some certainty, though, there is encouragement to breach library trust again.  History and financial sacrifice (that could have gone into a full year of community programs!)  have proven that if the L[ibrary] B[oard] does not act swiftly and demonstratively, the village will continue to obstruct and insert itself into library affairs via the administrator without hesitation.  The statutes were designed to separate libraries from political arenas so that libraries are not influenced or controlled; so that libraries can remain the cornerstone of democracy.  

Thank you for your time and consideration, and I truly appreciate the inconvenience of this matter.  

Regards, 

Mary Scott  

 

Tue, Mar 23, 2021 at 2:29 PM  (From Kirsten to Gary) 

 

Hi Gary, 

I’m forwarding Mary’s email. In case you haven’t heard, Miles put a campaign sign for Mary in front of Lion’s Den, and that’s caused some issues with the Lion’s Den Easter Egg Hunt in the park which is supposed to include the fire truck. In terms of a possible conflict because Miles is library staff, he obviously doesn’t have to remove the campaign sign from his non-library property. However, if the Chamber doesn’t want to appear to sponsor a particular candidate during an event, I guess there’s some sense for removing the sign. Of course, this likely goes deeper, as we well know. I’m really not sure what steps need to be taken. 

Thanks, 

Kirsten Rogers   

 

Tue 3/23/2021 2:39 PM (From Gary to Kirsten) 

 

Hi Kirsten 

Did Shellie contact you about this situation? 

Gary  

 

On Tue, Mar 23, 2021 2:44 PM  (From Kirsten to Gary) 

 

Hi Gary, 

I only heard about it from Miles (when he was talking to Carolyn) and Mary. 

Thanks, 

Kirsten Rogers 

 

Tue 3/23/2021 2:45 PM (From Gary to Kirsten) 

 

Hi Kirsten 

Okay. I am drafting a message to Shellie and I want to reference previous discussions where it was requested the library director be included with communications with library employees. 

Thanks. 

Gary 

 

Tue 3/23/2021 2:57 PM (From Gary to Shellie, Mary, Miles, Kirsten, Troy) 

 

Hi Shellie 

A situation regarding a library employee posting a campaign sign at his business has been brought to my attention. I have a couple requests. 

First, can you please forward to me the specific village ordinance you referenced in your conversations with a library employee regarding a campaign sign being posted at a private business? 

Second, we have had several conversations about village/library communications. The core thread of those conversations have been the inclusion of the library director, at the least, in regards to communications with library employees. As their supervisor, and given previous interactions, the library director should be aware of any conversations, especially regarding an issue as significant as this issue. Going forward, please include the library director in any communications with library employees. Alternatively, you can route the question or concern through the library director, who can address the issue with the employee. 

Please reply all in your response. 

Thank you. 

Gary 

 

 

Tue 3/23/2021 3:25 PM (From Shellie to Gary, Mary, Miles, Kirsten, Troy, Mitch, Josh, Jared, James, Scott) 

 

Gary, 

I appreciate your concerns with this however, I am pointing out my conversation with Miles was regarding his business.  As the Village Administrator, Clerk/Treasurer and Economic Development Coordinator, I am allowed to discuss business with business owners daily.  It is unfortunate the conflict of Library employee interferes with his business ownership here.   

I will not discuss personal business discussions unless authorized by the business owner to do so.  There was no reason to include the Library Director on this conversation or any other member of the Library Board or Village Board.  In this case, Miles is sponsoring and Easter Egg Hunt for the Village in which the Village along with Black Earth Chamber, Fire Department and Mazomanie Chamber are involved.  As all of us are non-profit entities, the entities asked me to be sure Miles understood they cannot support any political position with their sponsorships.  That includes the Village.  The  Village is helping the Chambers, Fire Department and collecting donations for the event.  This discussion had nothing to do with Miles employment. 

The Village can’t show political support to any one candidate.  As such, the Village Board is included on this email string as well so we can all be clear and transparent over the intent in which you are in need of clarification of.  If you feel Miles outside employment with his business is interfering with his employment as a Library employee, I might reference you to Village Employee Handbook section 2 for conflict of interest.  Not sure how the Library handles that however, your email indicates this is an issue. 

Shellie Benish, WCMC 

 

Tue 3/23/2021 3:38 PM (From Gary to Shellie, Mary, Miles, Kirsten, Troy, Mitch, Josh, Jared, James, Scott) 

 

Shellie 

Thank you for the quick response. To be sure I understand your message correctly, you’re saying no village employee, including trustees and committee members since they are paid by the village, can post a campaign sign in their personal residence or private business? 

Additionally, section 2 of the village handbook lays out this rule. I will check it out. Thank you! 

Gary  

 

Tue 3/23/2021 3:43 PM (From Shellie to Gary, Mary, Miles, Kirsten, Troy, Mitch, Josh, Jared, James, Scott) 

 

Gary, 

I think you misunderstood me.  That is not what I stated.  Perhaps a face to face conversation is warranted here. 

Shellie Benish, WCMC 

 

Tue 3/23/2021 4:27 PM (From Gary to Shellie, Mary, Miles, Kirsten, Troy, Mitch, Josh, Jared, James, Scott) 

 

Shellie 

I’m glad I checked. Your wording was a little confusing, so I re-read your previous message with the new information.  

With the new information, and a conversation with Miles, I believe you are saying the organizers of this SPECIFIC event wanted to avoid any political advertising in connection with the event. I can understand that stance.  

Thanks for your help. 

Enjoy the spring showers. 

 Gary  

 

Tue 3/23/2021 4:30 PM (From Troy to Gary, Shellie, Mary, Miles, Kirsten, Mitch, Josh, Jared, James, Scott) 

 

Gary, 

Do you think there is a reason for the Library Board and Village Board to meet?  

Thank you, 

Troy  

 

Tue 3/23/2021 4:34 PM (From Gary to Shellie, Mary, Miles, Kirsten, Troy, Mitch, Josh, Jared, James, Scott) 

 

Troy 

Over this issue? Not really. In general, I think there could be some good that could come out of it. However, as I have said recently to the library board, I’d like the new director to find their sea legs, if you will, before we start anything new or substantial. I suspect the same thing could be said of the village board and the village trustee committee assignments following the election. If you have a different viewpoint you’d like to share, I’d be happy to hear it. 

Thank you for reaching out. I appreciate it. 

Gary 

 

Tue 3/23/2021 3:40 PM (From Mary to Kirsten) 

 

Sounds like a threat against Miles’ job at the library. Conflict of interest? What about Mitch’s pay from the FD for his position of chief officer that comes from our village budget? 

My opinion especially due to her recent veiled threat is that we need a special meeting b4 our closed session. She is lying about her comment to Miles removing his sign for the Easter egg hunt. He has already been approached by the chamber as I stated in my email. He is already assured the chamber that he will remove the sign for the 2 hours of the egg hunt at the park. Shellie’s conversation with Miles was about permanently removing his sign because it is not neutral and because he’s a village in employee he needs to maintain neutrality. My email stands as fact according to Miles. He is contacted me about both incidences separately as they occurred. The other Library employee has not been approached about removing her sign. Shellie is once again misleading the library. 

Thanks for your attention to this matter! 

Mary  

 

Tue 3/23/2021 4:31 PM (From Mary to Kirsten) 

 

I sent this to Shellie in error. I stand behind my statement.  

[Forwarded message chain] 

 

Tue, Mar 23, 2021, 3:51 PM (From Shellie to Gary, Mary, Miles, Kirsten, Troy, Mitch, Josh, Jared, James, Scott) 

 

Mary, 

I believe you sent this to the wrong person.  Thanks for your support of Village staff.   

Shellie Benish, WCMC 

 

 

Tuesday, March 23, 2021 3:47 PM (From Mary, sent to Shellie by mistake) 

Kirsten, 

One on one, face to face is not advisable based on our history. She does this when she backs herself into a corner that she’s afraid she can’t get out of. There is absolutely no way I would recommend going into any sort of a meeting without a recorder on your person to record the exact words that are spoken. I believe that any conversation about this needs to be handled with the library board present and a recorder taping. 

Thank you for you[r] patience! 

M 

 

Tue 3/23/2021 5:18 PM (From Kirsten to Mary) 

 

Hi Mary, 

 

I definitely have no intention of meeting with Shellie without Gary present. I’m deferring to Gary to handle this situation too, but I’ll be here if needed.  

Thanks so much, 

Kirsten Rogers   

 

Tue 3/23/2021 5:48 PM (From Mary to Kirsten) 

For sure! I never doubted that you would not, but I anticipated a forward to all. Just so you know, that email was accidentally sent to Shellie so she was able to see it, but there are no real mistakes in the scheme of life. There are reasons for everything under the sun. I believe that this is not a new conversation in the village. Everybody that’s dealt with Shellie including our current president, our board, former employees, etc. has said that she says one thing and back pedals just like she did with this.  Some just tolerate it while others don’t accept it. 

I’m concerned that Miles will feel uncomfortable picking up the donated items from the office and so I offered as a volunteer (who was already signed up to help for the Easter egg hunt) that I would be willing to go into the office and get these things for him and deliver it to him. Miles is supported for this egg hunt and protected from further conversation w Shellie on this.  The timing of this was not what he had hoped prior to the egg hunt, but he should not suffer any backlash for this. Her response required three emails for explanation, so while Miles was working, there is no doubt in my mind that her urge to address this issue should have been better left unsaid.  

The library board should be able to weigh in on their opinion of the emails at some point. I agree with Gary that this should be handled once the new people are in place b[ecause] they may be fielding the aftermath of this.  

Bottom line, Miles told me he will remove the sign during the event. He will replace it after (if he chooses) and has the backing of freedom of speech in his private spaces to support his candidate of choice as is granted under the constitution as do all all public employees! 

Thanks, 

Mary  

 

Tue 3/23/2021 6:03 PM (From Scott Patchin to Shellie, Gary, Mary, Miles, Kirsten, Troy, Mitch, Josh, Jared, James) 

 

This reminds me of “Spy V Spy”.  Very telling.  Perhaps we should all wear body cameras and voice activated recorders 24/7.  Good for a quick chuckle....on a rainy day!! 

 

Wed 3/24/2021 9:08 AM (From Troy to Gary, Shellie, Mary, Miles, Kirsten, Mitch, Josh, Jared, James, Scott) 

 

Gary, 

As we wait, it seems to me as if we are drifting farther apart.  If the Library Board is hanging on to something, then maybe they should get it out.  Good thing April is close. 

Kind regards, 

Troy  

 

On Wed, Mar 24, 2021 at 9:55 AM  (From Kirsten to Gary) 

 

Good morning Gary, 

Is there anything that you would like me to send out to the Library Board about yesterday’s campaign sign situation? I understand now that Mary wanted me to send her email to the entire board, but I just sent it to you for consultation. (Which I still feel was appropriate, so if it was not then I should probably know.) It’s really a shame that there is an additional distraction when we should all be able to focus on hiring the new director this week. Ugh. 

Thanks, 

Kirsten Rogers   

 

Wed 3/24/2021 10:12 AM (From Gary to Kirsten) 

 

Hi Kirsten 

Nope. Nothing else to send out, in my opinion. I had a brief phone conversation with Miles and I believe he has a solution in place for his situation. I also believe this was likely a misinterpretation and/or poor communications, as I attempted to address in my last email to the larger group. At this point, I consider the issue resolved as far as the library board is concerned. I would prefer to allow the board to focus on the interview process and we can bring the issue to the board’s attention at the next board meeting.  

Thank you for asking. 

Gary 

 

Wed 3/24/2021 10:14 AM (From Kirsten to Gary) 

 Hi Gary, 

 That works for me. Thanks again for your help. 

 Kirsten Rogers   

Wed 3/31/2021 7:57 AM (From Mary to Kirsten) 

 

Good morning Kirsten, 

I’m sorry to bring you more work as you approach the end of your kindly service as acting director, but there is another issue that arose at last night’s VB closed session. This might be a case for you, me and Gary to discuss prior to a full board, but I don’t know what is proper.  

The email that was addressed to you, but sent to Shellie a few days back stated that I recommended Gary not meet alone w Shellie as she suggested after email exchanges to Gary’s inquiry to gain information regarding Miles’ report that Shellie directed him to remove my campaign sign from in front of his studio b[ecause] he is a library employee and it is not neutral. I further stated face to face should be recorded. 

1. This recommendation is based on a documentable history that promoted the L[ibrary] B[oard] to prefer the same due to fallout from meetings that were reported differently by different people and for accountability. 

2. This email was sent to you as to be cc’d through you as our protocol requires to avoid walking quarums [quorums].

Last night after employee reviews the final closed session discussion/action w an open session motion was for the VB to proceed with the emails to the village attorney for legal protection of the village.  

The problem with this is that I cannot reveal anything that was discussed during closed session and reveal why this process is taking place.  The motion carried with majority vote to have the attorney advise on the email for legal protection of the village. Since I was obviously acting as Library Board trustee at the time of the email regarding library business and was repeating our protocol as a L[ibrary] B[oard] to have ample protection against misunderstandings w the village administrator in face to face conversations, I don’t understand the direction of this, though most of my fellow board trustees appeared to.  

Thank you for your attention to this matter! 

Mary 

 

CORRECTION:

In last week’s Black Earth article, the quote at the end indicated as being said by Tyler Munson was actually said by Jared Brammerson. The Star News regrets the error.