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The FREEMAN
TUESDAY JUNE 10, 2014
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Waukesha County’s Daily Newspaper
County proceeding with same-sex marriages Dueling directives aside, Novack says Waukesha County moving forward Charles Auer/Freeman Staff
Former Waukesha Fire Chief Jesse Alba talks with family and friends following the decision in his lawsuit Monday.
Judge: Former fire chief entitled to new hearing Alba remains demoted to firefighter; next steps unclear By Sarah Pryor SOUND OFF Freeman Staff What do you think? WAUKESHA – A circuit court judge has ruled that demoted Fire Chief Jesse Alba’s due process rights were violated when the Police & Fire Commission demoted him a few months ago, and he’s entitled to a new hearing before a different PFC. At a Monday court hearing, Judge Lee S. Dreyfus Jr. took issue with the “quirk” of the PFC handling Alba’s disciplinary proceedings despite that same PFC hiring him as fire chief just months earlier. In October, the PFC voted 3-1 to demote Alba for trying to coerce a part-time emergency medical services educator into resigning because of his romantic feelings for her. Alba claims they had an extramarital affair that was consensual, but the woman never testified at any hearings before the PFC. One commissioner voted for Alba’s termination. In the commissioners’ findings against Alba, they mentioned he wasn’t truthful with them in questioning during the interview, specifically regarding anything he may have done that might embarrass the city. “They were being asked to make that determination when they were the very body that it was alleged Alba wasn’t truthful to,” Dreyfus said. “I don’t know how you get over the issue of fundamental due process under those circumstances.” Dreyfus compared it to someone committing perjury while testifying in his courtroom, being charged with perjury and then hav-
Charles Auer/Freeman Staff
Vicki and Kandice Banville share a hug with their daughter, Aidyn, 4, following their official marriage ceremony Monday morning at the Waukesha County Courthouse. By Brian Huber and Arthur Thomas
received marriage licenses Monday, after U.S. District Judge Barbara What do Crabb’s Friday rulyou think? ing that declared Phone: 513-2641 Email: soundoff@ the state’s marriage amendment conleynet.com banning marriages between members of the same sex to be unconstitutional. Waukesha County Clerk Kathleen Novack said her office struggled with which direction to go, but – after speaking with county lawyers and reviewing the ruling – ultimately decided to begin issuing licenses and waiving the five-day waiting period for same-sex couples. “Unless a stay is issued or something that is very specific from the state, we will continue doing what we’re doing right now,” Novack said. She added that she came in to work early Monday and there were several couples waiting at the door. While the demand for licenses wasn’t as high as Milwaukee or Dane counties, Novack said she had issued about seven as of 10:30 a.m., with other couples going home to retrieve additional documents.
MILWAUKEE (AP) – Washington County’s clerk is among many in the Wisconsin waiting for instructions from the court or state before they issue same-sex marriage licenses. Gay couples convinced some county clerks to give them licenses Monday so they could wed before an expected hold on a judge’s decision declaring the state’s gay marriage ban unconstitutional. The state is appealing the judge’s decision. “We are not at this time,” Washington County Clerk Brenda Jaszewski said Monday when asked if her office was issuing marriage licenses to same-sex couples. “Based on advice from (the county’s) legal council we are waiting for guidance from the state or the results of the June 16 hearing on the injunction,” she said.
See MARRIAGES, PAGE 8A
See CLERKS, PAGE 8A
SOUND OFF
Freeman Staff
WAUKESHA – Sarah Kirschling was at the Waukesha County Courthouse to watch her friends Vicki Banville and Kandice Banville of Mukwonago get married Monday morning. But the phrase on her shirt – “Live Well, Laugh Often, Love Much” – set the tone for the entire day as same-sex couples came to the courthouse to get legally married Monday. The Banvilles committed to one another Nov. 4, 2006, which they still mark as their anniversary, but took the step of renewing their vows and getting a license once same-sex marriage was accepted in Wisconsin. “We are a family. We have a daughter together, we live together and share bills like everybody else,” Kandice Banville said. “We do everything a normal family does. That we are and that’s what we are legally recognized to be. I can’t believe we just did this today. Wow. Thank you, Wisconsin.” The Banvilles were one of at least seven same-sex couples in Waukesha County who applied for and
How are other state county clerks reacting to same-sex marriage ruling? No licenses issued in Washington, Ozaukee counties
Committee votes to recommend renaming school after Les Paul Freeman Staff
WAUKESHA – The discussion on the potential renaming of Central Middle School as Les Paul Middle School or Les Paul Middle School – Central Campus continued Monday evening, as 13 Waukesha residents opposed to renaming the school came to the school district’s Finance & Facilities Committee meeting to voice their opinions.
Volume 156, Number 52
SOUND OFF What do you think? Phone: 513-2641 Email: soundoff@conleynet.com
The Les Paul Foundation proposed renaming the school earlier this year. The district has held several previous committee meetings and the School Board discussed the issue in May. When some board members proposed alternative name changes, the board sent the
issue back to the F&F Committee. On Monday, the F&F Committee voted 4-1 to recommend changing the school’s name to the School Board. A final vote could be taken at the board meeting Wednesday evening. Schmitty Thiel was Les Paul among the individuals opposed to the renaming in life was his music, not his Monday. Thiel said the education. She also said school should not be renaming the school after renamed after Les Paul See SCHOOL, PAGE 8A because Paul’s main focus
INDEX Business........................................4A Classified......................................5B Comics...........................................7B Crossword puzzle.....................8B Dilbert...........................................4A Dr. Komaroff...............................8B
WEATHER
Health.....................................8B Lottery..........................................2A Obituaries..................................7A Opinion..........................................6A Sports.............................................1B Weather........................................8A
ing the case assigned to Dreyfus to preside over. “It would not be appropriate for me to be sitting as a judge in those proceedings,” Dreyfus said, adding that this was a “unique circumstance that came about almost immediately after Alba was hired.” However, Dreyfus declined to reinstate Alba as fire chief with back pay, saying that ultimately he was denying Alba’s statutory appeal. He said he’d be willing to leave the matter open for the sole issue of how and what constitutes a new commission. So who’s running the Fire Department in the meantime? Interim Fire Chief Steve Howard said his priority right now is to keep providing the citizens with a high level of service throughout the appeals process. Howard has been interim chief for a total of about 18 months – eight months since Alba was put on administrative leave and subsequently demoted, and 10 months previously between former Fire Chief Allen LaConte’s retirement and Alba’s hiring. Does he have plans to try for the department’s top spot at any point? “Right now our job is to move forward and keep providing service to the community,” Howard said, adding that after a final decision is made regarding Alba, he might “take a look at the situation.”
See ALBA, PAGE 8A
Bodies found in suitcase identified as females
School Board to take up recommendation Wednesday By Alison Fox
Phone: 513-2641 Email: soundoff@conleynet.com
Tomorrow: Chance of showers High 70 / Low 54 See the complete forecast on back page
TOWN OF GENEVA – The Waukesha County Medical Examiner’s Office has identified both bodies found inside suitcases last week as female – one definitely an adult and the other apparently an adult but subject to further verification, according to a press release from Town of Geneva Police Chief Steven Hurley. Additional information on the autopsies should be made available pending additional test results,
according to the release. Highway workers discovered two suitcases while mowing a ditch in the Walworth County town on Thursday and moved them to the side of the road. A passing driver spotted the suitcases and called police, who opened them and found the bodies. The chief said one body was found in each suitcase. – Sarah Pryor, Freeman Staff and the Associated Press
From the Waukesha police blotter 1:25 p.m. Friday – A caller reported a possible domestic abuse situation in the 1500 block of Big Bend Road after hearing a woman screaming and a child crying. Police determined that a small child had a splinter and was crying as the mom tried to remove it. Find out what else your neighbors were up to over the weekend ... on Page 7A.
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