VERIFIED COMPLAINT OF WISCONSIN FORGERY - TAMPERING WITH PUBLIC RECORDS - MISCONDUCT IN PUBLIC OFFIC by Valley Sentinel

VERIFIED COMPLAINT OF WISCONSIN MISCONDUCT IN PUBLIC OFFICE/TAMPERING WITH PUBLIC RECORDS/FORGERY VIOLATION

FROM: BECCA RAVEN UMINOWICZ

373 Willow Street Arena, Wisconsin 53503 (608) 753-3012 uminowiczbr@gmail.com

TO: ZACHARY P. LEIGH, District Attorney 222 N Iowa St. Dodgeville, WI 53533 zachary.leigh@da.wi.gov

District Attorney Leigh;

I, Becca Raven Uminowicz (as complaining witness/citizen complainant, hereinafter “Complainant”), submit this veriﬁed citizen complaint brought to formally allege that Village of Arena Clerk/Treasurer, DaNean Naeger, in Iowa County, Wisconsin, has committed criminal acts constituting: (1) Misconduct in Public Oﬃce, in violation of Wis Stat. § 946.12; (2) Tampering with Public Records, in violation of Wis. Stat. § 946.72; and (3) Forgery, in violation of Wis. Stat. § 943.38. The following allegations are made upon personal knowledge of the undersigned, or upon information and belief where indicated, and are supported by the evidence cited herein.

In support of the Complaint, I state:

Summary

1. This Complaint concerns instances where Village of Arena public records have been concealed and withheld from requesting parties, and where a public record has been forged so that it purports to have been made at another time.

2. This Complaint is separate from and does not replace the Verified Complaint of Wisconsin Misconduct in Public Office Law Violation filed with your office against DaNean Naeger March 15, 2025.

Concerned Persons/Parties

3. Complainant is a resident of the Village of Arena. Complainant is also a trustee on the Village Board of Trustees. Complainant is not on the ballot April 1 and has no personal interest outside of the public good in the issues raised.

4. DaNean Naeger, at all relevant times, was employed by the Village of Arena as its Clerk/Treasurer, with her oﬃce at 345 West Street, Arena, WI 53503 and her residence at 314 Commerce Street, Rewey, WI 53580. Chapter 2.70 of the Village of Arena Municipal Code designates the Clerk/Treasurer as the oﬃcial custodian of all village records relevant to this Complaint.

5. This Verified Complaint is directed to the Iowa County District Attorney’s Office (or other appropriate prosecutorial authority), requesting that it review and prosecute these allegations. Wisconsin law grants District Attorneys the power to file charges for violations of the state’s criminal statutes committed within their respective counties. The relevant events occurred in Arena, Iowa County, Wisconsin.

Events/Background

6. The following factual allegations are organized into three main sections: (1) Public Records Law overview and evidence of withheld records; (2) Tampering with Public Records in violation of Wis Stat. § 946.72; and (3) Forgery under Wis. Stat. § 943.38. The facts relevant to Misconduct in Public Oﬃce under Wis. Stat. § 946.12 arise from the same course of conduct.

7. OML Complaint. Complainant incorporates here the Wisconsin Open Meetings Law complaint filed by Valley Sentinel against officials of the Village of Arena on March 28 with the Iowa County District Attorney’s office, as it includes relevant background and evidence.

8. Public Records Law Overview. While the Public Records Law is not itself criminal law establishing criminal penalties, it is relevant for two reasons. First, per Wis. Stat. s.19.37(1)(b), it is enforceable by the district attorney for the jurisdiction in which it occurs. Second, it establishes the legal responsibilities of public officials, stating in section 19.31 that "providing persons with such information [regarding government affairs] is declared to be ... an integral part of the routine duties of officers and employees whose responsibility it is to provide such information." The offense of misconduct in public office can thus be committed under Wis. Stat. § 946.12(1) by intentionally failing to perform these duties.

9. Wisconsin’s Public Records Law states: “In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of the government and the official acts of those officers and employees who represent them.” Wis Stat. § 19.31.

10. The law continues: “To that end [the Public Records Law] shall be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied.” Id.

11. Section 19.35(4)(a) of the Wisconsin Statutes requires each authority to respond to a records request “ as soon as practicable and without delay,” and if a request is denied, the authority must put the denial in writing, stating the reasons and informing the requester of the appeals process.

12. Under guidance from the Wisconsin Attorney General, “Magic words are not required,” and a request that reasonably describes the information or record sought is suﬃcient. See Wis. Stat. § 19.35(1)(h); see also Seifert v. School District of Sheboygan Falls, 2007 WI App 207, 39.

13. Likewise, public records requests themselves are “records” for purposes of the Public Records Law See Nichols v Bennett, 199 Wis 2d 268, 275, 544 N.W.2d 428 (1996).

14. Public Records Being Withheld. On or about March 6, 2025, a “Candidate Forum” post regarding candidates running for Village oﬃce in the April 1 election appeared on the Village of Arena’s oﬃcial website, presumably posted by Naeger.

15. Historically, community event postings on the Village website (e.g., for the “Arena Community Team” group) were not permitted or were curtailed by Naeger, though in some instances other outside events were posted. This raised questions regarding (a) who was sponsoring the forum, and (b) why or how it came to be promoted on the Village website.

16. On March 7, 2025, Trustee (and Complainant) Becca Raven Uminowicz emailed Naeger inquiring: “Can you please tell me who is sponsoring this event? Also, who is moderating the event?”

17. On March 11, 2025, Naeger replied brieﬂy: “Concerned citizens, I indicated I would assist in getting the information out to the public.”

18. Later that same day, Complainant followed up, asking for the names of the concerned citizens, and whether a trustee had requested the posting or if it was Naeger’s unilateral decision. Receiving no reply, on March 13, 2025, Complainant visited Village Hall, at 345 West Street in Arena, in person to verbally request the same information (and to verbally request relevant records pertaining to the “Candidate Forum”).

19. During this encounter, Naeger told Complainant: “I don’t have to tell you who the concerned citizens are, ” and that “there is no record.” According to an undisputed email memorialization sent March 13, 2025, by Complainant, Naeger refused to produce or even acknowledge the existence of any responsive documents or records regarding the forum’s sponsorship or organization. A true copy of the full correspondence between Naeger and Complainant is attached hereto as Exhibit A. Naeger did not respond to the email or dispute the events stated within Complainant’s memorialization email.

20. Also on March 14, 2025, resident Susan Pustina emailed the entire Village Board and Naeger, inquiring about the Candidate Forum. This email itself constitutes a request for public records within the meaning of Wis. Stat. § 19.35(1)(h). Naeger likewise did not provide records to Pustina. A true copy of the email and Complainant’s response is attached hereto as Exhibit B.

21. On March 14, 2025, the Valley Sentinel newspaper formally requested, under Wis. Stat. § 19.31 et seq., “Any correspondence (including, but not limited to, email and texts) between the Village of Arena Clerk/Treasurer, DaNean Naeger, and anyone, regarding a candidate forum, that was sent or received between February 1 and March 14, 2025 …. ”

22. On March 17, 2025, Naeger replied by sending only a scanned ﬂyer PDF for the forum. A true copy of the ﬂyer is attached hereto as Exhibit C. When pressed by Valley Sentinel on March 18 and March 20 about whether more responsive records existed, she responded, “No” A true copy of the full correspondence between Naeger and Valley Sentinel is attached hereto as Exhibit D

23. In reality, the email communications from Complainant, Pustina, and others exist and are in the Village’s custody The communications from Complainant, Pustina, and other evidence described below plainly show more documentation, and thus records, existed. None of these were provided.

24. Upon information and belief, Naeger intentionally withheld and concealed these records, in direct violation of her statutory duties under Wis. Stat. § 19.35(4)(a). Her conduct here suggests she intentionally failed to perform a known, mandatory duty to release public records upon lawful request, or withheld them to beneﬁt or protect certain parties.

25. The withheld records some of which have been discovered only because Complainant, Valley Sentinel and Pustina shared them directly among themselves—reveal that Naeger’s claim of “No more records” was knowingly false. This indicates a willful decision to conceal public records. A true copy of the email memorialization of this is attached hereto as Exhibit E.

26. Tampering With Public Records (Wis. Stat. § 946.72). Wis. Stat. § 946.72(1) states: “Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class H felony.”

27. As village clerk/custodian, Naeger had a nondiscretionary duty to preserve and produce records in response to public records requests. Concealing or removing them from disclosure is statutorily prohibited.

28. Naeger’s refusal to divulge any records, combined with the demonstrable existence of relevant records she concealed, evinces an intent to defraud. She gave no legitimate statutory exemption or balancing-test rationale. Instead, she outright denied the existence of records, including requests themselves. This is precisely the kind of concealment or removal from oﬃcial ﬁles that § 946.72 criminalizes.

29. Upon information and belief, Naeger also may have destroyed certain records in the face of repeated requests. Regardless, her failure to produce them or her denial that they exist when they do exist strongly suggests an intent to injure or defraud by denying requesters their lawful right to access.

30. Forgery of a Public Record (Wis. Stat. § 943.38). A “Candidate Forum” event was ultimately held on March 20, 2025, at Grandma Mary’s Café, 175 US-14 in Arena. Multiple trustees attended, as did Village President Kate Reimann. Because a majority (i.e., quorum) of the Board and certain committees were present and the discussion concerned Village business, the event constituted a “meeting” under Wis. Stat. § 19.82(2), or at minimum a potential gathering requiring an incidental quorum notice.

31. Upon information and belief, each of the trustees present at this event was aware of the others’ presence, and each of them, apart from Uminowicz, purposefully engaged in discussion and information gathering related to the oﬃcial business of the Board and each of its standing committees. Some trustees stated positions on future decisions likely to come before the Board.

32. The March 20, 2025 forum constituted a meeting under open meetings law, of the Village Board and all of its standing committees, because, per Wis. Stat. section 19.82(2), “Meeting” means “the convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the

members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter.”

33. Because of the number of trustee attendees, oﬃcial purpose is therefore presumed. Moreover, the organization of the event by village oﬃcials, the use of village resources and access to promote it, the intended and actual focus on village business, and the posting of formal notice after the fact, all suggest this. Moreover, the courts have stressed that “governmental business” refers to any formal or informal action, including discussion, decision, or information gathering, on matters within the governmental body’s realm of authority See State ex rel. Newspapers, Inc. v. Showers, 135 Wis. 2d 77, 102-03, 398 N.W.2d 154 (1987).. The event here clearly allowed trustees to gather information and discuss village business.

34. Upon information and belief, Naeger was a main organizer of the event and had knowledge of the event weeks prior. The moderator of the forum, Peter Huebner, stated at the event that Naeger had asked him to moderate and it was his understanding that the forum was a Village function. A single advance promotion of the event appeared on the Village’s oﬃcial website, placed there by Naeger. That promotion did not identify the gathering as the meeting of any body, was not formatted as a public meeting notice, and did not appear on the website on the page where notices of oﬃcial functions routinely appear.

35. Valley Sentinel stated in their veriﬁed Wisconsin Open Meetings Law complaint that they received no incidental gathering or similar notice of such meeting for March 20, 2025, at all at any point and that they reviewed the Village of Arena notices webpage the evening of March 19, 2025 less than 24 hours before the event, and again on the early morning of March 20, 2025 the day of the event, and at those times did not observe a notice. On information and belief this is because as of 24 hours before the scheduled beginning of the event, no oﬃcial notice for the event had been issued.

36. On March 21, 2025, Valley Sentinel said they observed a “gathering” notice posted to the Village of Arena notices webpage for the March 20, 2025 meeting/forum. Upon information and belief, the notice was created and posted by Naeger The language on the notice itself says it was posted “Wednesday, March 19, 2025” and posted at the Arena Village Hall and the village’s website. The metadata of the PDF ﬁle of the notice listed 7:42 a.m. on March 20, 2025 as the date and time the ﬁle was created. It was thus not prepared or posted on March 19. Upon information and belief, Naeger, with intent to defraud falsely to cover up the omission of the notice and to protect trustees she views as political allies, created a public record that purports to have been made at another time. This constitutes

forgery under Wis Stat. 943.38, a Class H Felony A true copy of the notice and metadata are attached hereto as Exhibit F.

37. Even if, in the very unlikely evert, a court found that the forum does not constitute a meeting under section 19.82(2), the gathering notice is still a public record and was ostensibly supposed to serve a very important purpose of notifying the public that a quorum of the Board would be at the forum. Because this notice is indisputably a public record, that was made or altered to purport to have been made at another time, it constitutes forgery.

38. Wis. Stat. § 943.38(1)(b) makes it a Class H felony to “falsely make or alter” a public record “ so that it purports to have been made … at another time” with “intent to defraud.” The statutory requirement of “intent to defraud” is met when a party creates or alters an oﬃcial document to convey false or deceptive information that others may rely on.

39. The purported notice, bearing a false posting date, clearly qualiﬁes as a “public record” under Wis. Stat. §§ 19.32(2) and 943.38(1)(b). The actual date of creation (March 20, 2025, as per metadata) contradicts its face date (March 19, 2025). This is a false statement about when the record was created or posted.

40 Upon information and belief, Naeger fabricated or altered the date with the goal of concealing or excusing the fact that the notice was not timely posted 24 hours in advance. Doing so not only defrauded or deceived the public, but also beneﬁted the trustees who attended and participated at that event in violation of the open meetings law

41 Because she engaged in an act of creating (or altering) the oﬃcial notice with the false date “March 19, 2025, ” Naeger thereby committed forgery of a public record.

42. The forging of a public record does not require financial harm. The law is satisfied where an official, with the requisite intent to defraud, alters or creates a public record that others rely upon as genuine.

43. Misconduct in Public Office (Wis. Stat. § 946.12). Naeger’s actions, taken in her capacity as an official clerk/treasurer, constitute “Misconduct in public office.” She has:

a. Subsection (1): “Intentionally fail[ed] or refuse[d] to perform a known, mandatory, nondiscretionary, ministerial duty” i.e., the obligation to produce records. She repeatedly refused and withheld the records, knowingly violating Wis Stat. § 19.35.

b. Subsection (4): “In the oﬃcer’s capacity … makes an entry in an … statement which in a material respect the oﬃcer intentionally

falsifies” By forging the date on the “Potential Gathering” notice, she falsified an official record in a material respect.

44. Under established case law, any corrupt or dishonest exercise of an oﬃcial’s authority—including concealing records or falsifying documents—may trigger criminal liability under Wis Stat. § 946.12. (See State v Chvala, 2004 WI App 53, 271 Wis. 2d 115; State v. Jensen, 2007 WI App 256, 306 Wis. 2d 572.)

45. Here, Respondent’s repeated refusal to provide records, combined with her false statements and forged notice, reflect a deliberate and dishonest advantage conferred upon certain Village officials and/or her own self by evading scrutiny and accountability. This fits comfortably within the scope of “misconduct in public office.”

46. Violations of Law. By concealing records and denying their existence, Respondent has: Violated Wis. Stat. § 946.72(1) (Tampering with Public Records) by willfully concealing or removing them with intent to defraud. Violated Wis. Stat. § 943.38 (Forgery) by creating a public notice that purports to have been made on a date diﬀerent from the actual date of creation, with intent to defraud. And thusly, violated Wis. Stat. § 946.12 (Misconduct in Public Oﬃce), including at least subsections (1) and (4).

Witnesses and Evidence

The following witnesses can testify to said acts or omissions:

Kate Reimann, 417 Williams St, Arena, WI 53503; kate.reimann@villageofarena.net; 608-574-0587

Kathy Stoltz, 712 Sharon St, Arena, WI 53503; k stoltz@villageofarena net; 608-588-4866

Melissa Bandell, 103 Thomas Pl, Arena, WI 53503; m bandell@villageofarena net; 608-513-2535

Kristen Shea, 300 Prairie Street, Arena, WI 53503; k shea@villageofarena net; 608-753-3024

Brittany Carney, 309 Prairie St, Arena, WI 53503; b.carney@villageofarena.net; 608-644-6489

DaNean Naeger, 345 West St, Arena, WI 53503 / 314 Commerce Street, Rewey, WI 53580; vilarena@villageofarena.net; 608-753-2133

Becca Raven Uminowicz, 373 Willow St, Arena, WI 53503; b.uminowicz@villageofarena.net; 773-308-3632

Valley Sentinel, PO Box 144, Spring Green, WI 53588; editor@valleysentinelnews.com; 608-588-6694

Susan Pustina, 408 Dalogasa Dr, Arena, WI 53503; paulpustina@gmail.com; 608-574-0589

Ann Sackett, 316 Williams Street, Arena, WI 53503, sackettva@yahoo.com; 608-699-3547

Peter Huebner, 525 Ridge Dr, Mazomanie WI 53560, 608- 577-4860

The following documentary evidence of said acts or omissions is (or can be made) available:

1 - March 7, 11 and 13 email correspondence between Naeger and Becca Raven Uminowicz. (Exhibit A hereto.)

2 - March 14 Susan Pustina email and Complainant’s response. (Exhibit B hereto.)

3 - Candidate forum ﬂyer provided by Naeger. (Exhibit C hereto.)

4 - March 14, 17, 18, 20 full email correspondence between Naeger and Valley Sentinel (Exhibit D hereto )

5 - Valley Sentinel March 31 email memorialization regarding public records. (Exhibit E hereto.)

6 - March 20, 2025 forum notice and metadata. (Exhibit F hereto.)

7 - Audio/video recording of the March 20, 2025 candidate forum/meeting. (“Arena Candidate Forum - Thursday, March 20, 2025 at 7:00pm with Peter Huebner as Moderator” on YouTube/Arena Community Team at 3:00 https://youtu be/lkgJBMbzNWs?si=MMPVi fvhToOXPIA&t=180)

Request for Prosecution

WHEREFORE, Complainant respectfully requests that the Iowa County District Attorney’s Oﬃce or any other appropriate authority:

1. Investigate and, if the evidence so warrants, prosecute Naeger for criminal violations of Wis. Stat.§§ 946.72, 943.38, 946.12, and any other provisions implicated by her conduct;

2. Pursue all penalties permitted under Wisconsin law for these offenses; and 3. Provideany furtherreliefor actionwarrantedunderthe circumstances.

STATE OF WISCONSIN COUNTYOF~U ) ) ss. ) Verification

Becca Raven Uminowicz, having being first duly sworn on oath deposes and attests that she has read the foregoing complaint and that, based on her knowledge, the contents of the complaint are true.

/ ' .

By f1~'M-'h

)b'<Vl~e,~

BECCA

RAVEN UMI~ Z

Fwd: RE: Candidate Forum 1 message

b.uminowicz <b.uminowicz@villageofarena.net>

To: "uminowiczbr@gmail.com" <uminowiczbr@gmail.com>

---------- Original Message ----------

From: "b.uminowicz" <b.uminowicz@villageofarena.net>

To: "vilarena villageofarena.net" <vilarena@villageofarena.net>

Date: 03/13/2025 7:55 PM EDT

Subject: RE: Candidate Forum

DaNean,

Tue, Mar 25, 2025 at 11:56AM

I just wanted to recap my encounter with you at the Village Hall today,Thursday, 3/13/25 at 2:20 pm. My husband, John, and I stopped by to see you because you did not reply to my email dated 3/11/25 1:05 pm of this email thread.

We found you in your village office behind the counter. We came up to the counter and I shared that I had not received a response to my email asking for the names of the "Concerned citizens,...", (the answer you emailed me as your answer to my questions "Can you please tell me who is sponsoring this event?Also, who is moderating the event?"). So I asked in-person for the names of the concerned citizens (who are running the Candidate Forum on March 20, 2025 at Grandma Mary's Restaurant). Your answer to me was "I don't have to tell you who the concerned citizens are."

I reminded you that I am a trustee and I need to know who the concerned citizens are or who has instructed you to post the Candidate Forum on the Village Website. I shared I wasn't aware of the Village website being used to post the Candidate Forums in the past.You told me you decided to put the information on the website. I shared I doubted you had the authority to post this forum without approval by the Village Board. I shared with you I thought it is very strange that we had the Village Board Regular Meeting without an agenda item for the Candidate Forum two days before the Candidate Forum was posted on the Village Website on March 6, 2025.

You told us that you could post what ever you wanted on the village website. I asked where is that written and you told me in the Village ofArena Employee Policies. I asked you to show me.You printed off a double-sided sheet of paper with pages 13-14. Page 13 starts with 1.21 Social Media Policy

I looked over the policy and shared with you that I didn't think this policy allowed you to not have board approval for something like this forum especially when you will not share who is behind it. I also pointed out that this policy states you will cite sources and you have not done that. I told you is was very suspicious and it is a public record since it is on the Village website.You told me it was not a public record.There is no record. I offered there is especially since you emailed me back stating the Candidate Forum is sponsored by "concerned citizens."You didn't agree by just staring at me.

I asked you how did you find out about this event, you said you were asked to put it on the website. I said "Who asked you?"You refused to answer. When I brought up the fact that I am a trustee, you shared something like I didn't have any authority to request anything from you more than any other resident. I said I am actually one of your bosses.You work for the board.You told me you serve the citizens.

When I asked you who is setting up the event, you said "You'll just have to wait and see." I said to you, "So you are just going to be defiant and not give me the names?" and you said "Yes."

I asked you again why this wasn't brought to the Village Board before the Candidate Forum was posted to the Village website.You shrugged your shoulders.

I shared with you my concern that I am feeling like there is some sort of election fraud going on. You just looked at me.

I turned to leave and said "Alright, have a good day."Then John and I left.

Becca Raven Uminowicz Trustee

---------- Original Message ----------

From: "b.uminowicz" <b.uminowicz@villageofarena.net>

To: Village Clerk <vilarena@villageofarena.net>

Date: 03/11/2025 1:05 PM EDT

Subject: RE: Candidate Forum

Hi DaNean,

Thanks for getting back to me. Glad we are now sharing resources and events like this with the community. Did a trustee (and which?) request this courtesy or did you take the initiative? Since we are using your time and the Village website (tax payer/Village resources) to assist these concerned citizens and I am a trustee, please let me know the names of the concerned citizens.

I am excited to let theACTCoreTeam know that the Village website can now be used by concerned citizens to share community events. I will have them send over the March 25, 2025 ACTmeeting agenda for you to post on the Village website and share with the community

Thank you kindly, Becca Raven Uminowicz Trustee

On 03/11/2025 12:36 PM EDT Village Clerk <vilarena@villageofarena.net> wrote:

Concerned citizens, I indicated I would assist in getting the information out to the public.

~DaNean

From: b.uminowicz <b.uminowicz@villageofarena.net>

Sent: Friday, March 7, 2025 8:14AM

To: vilarena villageofarena.net <vilarena@villageofarena.net>

Subject: Candidate Forum

Hi DaNean,

I see that you have added a Candidate Forum to the Village website. This is great! Can you please tell me who iis sponsoring this event?Also, who is moderating the event?

I know the website has the event date in the list under the calendar on the right, but the date of the event is not in the notice. Please consider adding it.

Thank you kindly,

Becca Raven Uminowicz

Trustee

Fwd: 1 message

b.uminowicz <b.uminowicz@villageofarena.net>

To: "uminowiczbr@gmail.com" <uminowiczbr@gmail.com>

---------- Original Message ----------

From: Susan Pustina <susanpustina@gmail.com>

Tue, Mar 25, 2025 at 12:43 PM

To: "b.uminowicz" <b.uminowicz@villageofarena.net>, m.schroeder@villageofarena.net, m.bandell@villageofarena.net, k.shea@villageofarena.net, k.stoltz@villageofarena.net, b.carney@villageofarena.net, Village Clerk/Treasurer <vilarena@villageofarena.net>

Date: 03/14/2025 12:21 PM EDT

Subject:

Dear Village ofArena Board Members,

I am writing to inquire about the upcoming Candidate Forum scheduled for 3/20/25 at Grandma Mary's. The information available on the Village ofArena website is quite vague, and I would appreciate further clarification.

Could you please confirm who is sponsoring this forum? Is it being organized by the Village Board? Understanding the sponsor of the event is crucial, as it helps ensure transparency and fairness. Knowing who is behind the forum will also assure us that the event is managed by a neutral party and free from any biases.

Additionally, I have heard that not all candidates were informed of this event, and some had no input in its scheduling or availability. How will you ensure that all candidates are given equal representation and that the process remains transparent?

Thank you for your time and attention to these matters. I look forward to your response.

Sincerely,

Susan Pustina

Fwd: Re: Candidate Forum 1 message

b.uminowicz <b.uminowicz@villageofarena.net>

To: "uminowiczbr@gmail.com" <uminowiczbr@gmail.com>

---------- Original Message ----------

From: "b.uminowicz" <b.uminowicz@villageofarena.net>

To: Susan Pustina <susanpustina@gmail.com>

Becca Raven Uminowicz <uminowiczbr@gmail.com>

Tue, Mar 25, 2025 at 11:56AM

Cc: "k.reimann villageofarena.net" <k.reimann@villageofarena.net>

Date: 03/14/2025 4:14 PM EDT

Subject: Re: Candidate Forum

Hello Sue,

Thank you for reaching out with your concerns about the lack of transparency regarding the upcoming Candidate Forum. I too have asked by email and in person for the name of who is sponsoring this event. I have been told by the clerk, DaNean Naeger, that I will have to wait and see. I am very uncomfortable with how this event is secretively being supported and managed. I too question whether this forum will be fair to all candidates. I feel it should have been brought to the board at the Regular Board Meeting that was held on March 4, 2025 two days before DaNean posted the Candidate Forum on the Village Website with limited information.

I have cc:ed Kate Reimann on this reply so she is aware that there are other "concerned citizens" who are questioning the legalities of this event. I expect President Reimann to address this issue immediately and provide the event information that will ensure this Candidate Forum is transparent and fair to all candidates.

Thank you kindly for bringing your concerns to my attention, Becca Raven Uminowicz

Trustee

On 03/14/2025 12:21 PM EDTSusan Pustina <susanpustina@gmail.com> wrote:

Dear Village ofArena Board Members,

I am writing to inquire about the upcoming Candidate Forum scheduled for 3/20/25 at Grandma Mary's.The information available on the Village ofArena website is quite vague, and I would appreciate further clarification.

Thank you for your time and attention to these matters. I look forward to your response.

Sincerely,

Susan Pustina

Village President Candidates: Kathy Stoltz and Paul Pustina

Village Trustee Candidates: Tara Hill, Brittany Carney (1), Kathy Stoltz (1), Steve Wilkinson, Joseph Hipsky, Don Helt

Follow up meet and greet will be held at the conclusion of the forum.

Everyone is welcome!

RE: Request - 03/13/2025

From Village Clerk <vilarena@villageofarena.net>

Date Thu 2025-03-20 3:21 PM

To Valley Sentinel <editor@valleysentinelnews.com>

No ~DaNean

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Thursday, March 20, 2025 1:14 PM

To: Village Clerk <vilarena@villageofarena.net>

Subject: Re: Request - 03/13/2025

Good afternoon DaNean,

Were there any more responsive records for the 3/13 request regarding the candidate forum?

Thanks, Nicole

Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@valleysentinelnews.com www.valleysentinelnews.com Wisconsin Newspaper Association, Best in Division E (2022)

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Tuesday, March 18, 2025 9:54 AM

To: Village Clerk <vilarena@villageofarena.net>

Subject: Re: Request - 03/13/2025

Good morning DaNean,

This is the entirety of the responsive records for correspondence between your ofﬁce and anyone regarding a candidate forum that was sent or received between February 1 and March 14, 2025? Including simple, quick email keyword searches of "candidate forum" and "forum"?

There are no more responsive records?

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin 608-588-6694 editor@valleysentinelnews.com www.valleysentinelnews.com

Wisconsin Newspaper Association, Best in Division E (2022)

From: Village Clerk <vilarena@villageofarena.net>

Sent: Monday, March 17, 2025 10:03 AM

To: Valley Sentinel <editor@valleysentinelnews.com>

Subject: RE: Request - 03/13/2025

DaNean Naeger, CMC/WCMC

Village Clerk/Treasurer

Village of Arena

345 West St.

Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877

vilarena@villageofarena.net

www.villageofarenawi.gov

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply to only the sender of this electronic communication.

E-mail correspondence to and from this address may be subject to the open records law and may be disclosed to outside parties.

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Friday, March 14, 2025 9:00 AM

To: Village Clerk/Treasurer <vilarena@villageofarena.net>

Subject: Request - 03/13/2025

We'd like to request, under the State of Wisconsin’s Public Records Law, Wis. Stat. §§19.3119.39 the following records (requests bolded) in the possession of your ofﬁce, in electronic format:

1. Any correspondence (including, but not limited to, email and texts) between the Village of Arena Clerk/Treasurer DaNean Naeger and anyone, regarding a candidate forum, that was sent or received between February 1 and March 14, 2025. Non-limiting, but simple quick keyword searches of "candidate forum" and "forum" will likely sufﬁce.

Duplicates need not be removed. Likely unnecessary, but we are amenable to utilizing Google Drive, Dropbox or similar program to receive any large files electronically from the Village. Otherwise a zip file/folder is fine.

Wisconsin's Public Records Law states, in relevant part, "In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of the government and the official acts of those officers and employees who represent them. Further, providing persons with such information is declared to be an essential function of a representative government and an integral part of the routine duties of officers and employees whose responsibility and duty is to provide such information."

Wis. Stat. § 19.35(4)(a) states, "Each authority, upon request for any record, shall, as soon as practicable and without delay, either ﬁll the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefore." If my request is denied, please do so in writing and state what part of the law you believe entitles you to do so, and advise me of the process through which I may appeal. Wis. Stat. § 19.35(4)(a)

Please contact me if you have any questions regarding this request, and thank you for your attention in this matter.

Best, Nicole Aimone, Editor-in-Chief

608-588-6694

www.valleysentinelnews.com

Wisconsin Newspaper Association, Best in Division E (2022)

Fw: Request - 03/13/2025

From Valley Sentinel <editor@valleysentinelnews.com>

Date Mon 2025-03-31 11:45 AM

To uminowiczbr@gmail.com <uminowiczbr@gmail.com>; Susan Pustina <susanpustina@gmail.com>

BeccaRaven and Sue,

Thank you for making us aware that you both requested records regarding the candidate forum as well from Clerk Naeger, and only received a ﬂyer or nothing at all. Now that the moderator Peter Huebner has stated that Naeger organized the forum and he believed the Village was putting on the forum, it would appear there are records being withheld by the Village.

In addition, your emails to the Village that you've made us aware of absolutely would have constituted responsive records that should have been given to us in response to our below request to Naeger. Those records, and we believe others, have been unlawfully concealed and withheld by Naeger.

Best,

Nicole Aimone, Editor-in-Chief

Valley Sentinel

Spring Green, Wisconsin

608-588-6694

editor@valleysentinelnews.com www.valleysentinelnews.com

Wisconsin Newspaper Association, Best in Division E (2022)

From: Village Clerk <vilarena@villageofarena.net>

Sent: Thursday, March 20, 2025 3:20 PM

To: Valley Sentinel <editor@valleysentinelnews.com>

Subject: RE: Request - 03/13/2025

No ~DaNean

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Thursday, March 20, 2025 1:14 PM

To: Village Clerk <vilarena@villageofarena.net>

Subject: Re: Request - 03/13/2025

Good afternoon DaNean,

Were there any more responsive records for the 3/13 request regarding the candidate forum?

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel

Spring Green, Wisconsin

608-588-6694

editor@valleysentinelnews.com www.valleysentinelnews.com

Wisconsin Newspaper Association, Best in Division E (2022)

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Tuesday, March 18, 2025 9:54 AM

To: Village Clerk <vilarena@villageofarena.net>

Subject: Re: Request - 03/13/2025

Good morning DaNean,

There are no more responsive records?

Thanks,

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin 608-588-6694 editor@valleysentinelnews.com www.valleysentinelnews.com

Wisconsin Newspaper Association, Best in Division E (2022)

From: Village Clerk <vilarena@villageofarena.net>

Sent: Monday, March 17, 2025 10:03 AM

To: Valley Sentinel <editor@valleysentinelnews.com>

Subject: RE: Request - 03/13/2025

DaNean Naeger, CMC/WCMC

Village Clerk/Treasurer

Village of Arena

345 West St. Arena, WI 53503

P (608) 753-2133

F (608) 753-2851

Population: 877 vilarena@villageofarena.net www.villageofarenawi.gov

Elected Officials and Members of Village Committees: in order to comply with the Open Meetings Act requirements, please limit any reply to only the sender of this electronic communication.

E-mail correspondence to and from this address may be subject to the open records law and may be disclosed to outside parties.

From: Valley Sentinel <editor@valleysentinelnews.com>

Sent: Friday, March 14, 2025 9:00 AM

To: Village Clerk/Treasurer <vilarena@villageofarena.net>

Subject: Request - 03/13/2025

We'd like to request, under the State of Wisconsin’s Public Records Law, Wis. Stat. §§19.3119.39 the following records (requests bolded) in the possession of your ofﬁce, in electronic format:

The law continues "To that end [the Public Records Law] shall be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied." Wis. Stat. § 19.35(4)(a) states, "Each authority, upon request for any record, shall, as soon as practicable and without delay, either ﬁll the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefore." If my request is denied, please do so in writing and state what part of the law you believe entitles you to do so, and advise me of the process through which I may appeal. Wis. Stat. § 19.35(4)(a)

Please contact me if you have any questions regarding this request, and thank you for your attention in this matter.

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@valleysentinelnews.com www.valleysentinelnews.com

Wisconsin Newspaper Association, Best in Division E (2022)

03-20-25 Forum Potential Gathering

From Valley Sentinel <editor@valleysentinelnews.com>

Date Fri 2025-03-21 6:55 PM

To Village Clerk/Treasurer <vilarena@villageofarena.net>

Bcc Gary Grass <g.grass@sbcglobal.net>

2 attachments (2 MB)

03-20-25 Forum Potential Gathering.pdf; METADATA - 03-20-25 Forum Potential Gathering.png;

Hi DaNean,

We attended last night's "Arena Candidate Forum" and were surprised when Kate and Kristen walked in and made four and ﬁve trustees, respectively, in attendance — technically constituting a quorum of the board. Obviously due to the nature of the forum all trustees in attendance received and discussed information and the trustees that were candidates even discussed future positions that would take and support. This continued with trustees mingling afterwards, including with one another.

We were surprised because we didn't receive any incidental quorum/potential gathering notice for this event, despite our having a Wis. Stat. § 19.84(1)(b) news media request for notice of all meetings of the Village of Arena governmental bodies and their subunits on ﬁle with the Village.

We have been paying close attention to Village affairs and did not see the incidental quorum/potential gathering notice posted the night of March 19 (the posting date on the notice) when checking the village website. Additionally, we did not see the notice when we looked at the village website early on the morning of March 20, the day of the event. We did not check the village website again until March 21, at that point we saw the notice.

Thinking we may have missed an email from you, we downloaded the incidental quorum/potential gathering notice (that states it was posted March 19) from the village website today and took a look at the metadata of the ﬁle, which states that the ﬁle wasn't even created until March 20 at 7:42 a.m. and thus wasn't posted until shortly thereafter.

Just wanted to make a note of this, we know incidental quorum/potential gathering notices are best practice under the law and AG guidance.

Could you please be sure to send us future incidental quorum/potential gathering notices?

Thanks!

Nicole Aimone, Editor-in-Chief

Valley Sentinel Spring Green, Wisconsin

608-588-6694

editor@valleysentinelnews.com www.valleysentinelnews.com

Newspaper Association, Best in Division E (2022)

Wisconsin

Incorporated Since 1923 Arena, WI 53503 (608)753-2133

DATE: THURSDAY, MARCH 20, 2025

TIME: 7:00 PM

PLACE: Grandma Mary’s Cafe, 175 Hwy 14, Arena, Wisconsin

PURPOSE: A gathering of more than two Board members may occur by physical presence for a candidate forum. This is not a meeting of a governmental body. No formal action of a governmental body will be taken by a governmental body, and no formal meeting will occur on this date and time.

POSTED AGENDA: Wednesday, March 19, 2025

POSTED AS LISTED BELOW AND NOTIFIED BY EMAIL TO THE HOME NEWS OF SPRING GREEN

Arena Village Hall www.villageofarena.net

DATE: THURSDAY, MARCH 20, 2025

Description

Subject: Keywords:

Application: 03-20-25ForumPotentialGathering.pdf LisaKopic

3/20/25, 7:42:13AM 3/20/25, 7:42:13AM

PDF Producer:

PDF Version: 1.7 (Acrobat 8.x) Location: /Users/valleysentinelnews/Downloads/ FileSize: 103.67KB(106,155Bytes)

VILLAGE OF ARENA Incorporated Since 1923 Arena, WI 53503 (608)753-2133

Arena Candidate Forum -Thursday, March 20, 2025 at 7:00pm with Peter Huebner as Moderator

Team