Sturgeon Bay mayor facing open meetings law violations By Joe Knaapen For The News-Chronicle Door County District Attorney Joan Korb has filed a civil charge alleging Sturgeon Bay Mayor Colleen Crocker-MacMillin violated the Wisconsin Open Meetings Law in 2002 The civil complaint filed Tuesday alleges that Crocker-Macmillin called a meeting without the required 24-hour notice to the public because it "was expedient, convenient, and advanced a goal," namely, to help a pharmacy locate on the city's West Side. The mayor is scheduled to answer the summons at a hearing April 26 in Door County Circuit Court. She did not return phone messages left by the Door County Advocate. The summons, regarding a meeting of the city Plan Commission, focused on Crocker-MacMillin because she chaired an Oct. 16, 2002, commission meeting at which the rules were bent to permit a Walgreens store to begin construction along Highway 42-57 at Duluth Avenue, according to the document prepared by Korb. The district attorney asked the court to assess Crocker-MacMillin a $200 fine plus $167 in court costs for violating the open meetings law. The amount of the fine is $100 less than the maximum allowed by law. Korb also asked the court to order Crocker-MacMillin and members of the commission to attent a seminar on the state open meeting law "to assure better compliance with provisions of the open meetings law in the future." Crocker-MacMillin was named as the sole defendant because "she has been in political life for a long time - she took the lead," Korb explained. In addition to three years as mayor, Crocker-MacMillin has served on the Door County Board for 14 years. By contrast, Korb said, other Plan Commission members did not have the same level of political experience and did not deserve the same degree of penalty if convicted of the forfeiture violation. "The others were just as wrong," Korb said. "But it was my feeling that it would be appropriate for them to attend a seminar." Nor did Korb ask the city to overturn the decisions made by the commission. "It is impractical to void the action," she wrote, because the nature of the action led to construction that was completed more than a year ago. City Attorney Randy Nesbitt told the commission it had several reasons to violate a provision that requires 24-hour notice of the discussion of any item. Nesbitt's advice "was clearly contrary to the letter and intent" of the law, Korb concluded. Nesbitt's arguments and the commission's desires did not constitute sufficient cause to bend the state law, according to the summons. Several seminars are being held by the Wisconsin Department of Justice at various locations in the state. One such seminar, sponsored by the state Justice Department, the League of Women Voters and Door County Bar Association, will be be held June 3 at Stone Harbor Resort. The alleged violation was brought to the district attorney's office by Reid Rocheleau, a resident of Whiting who also owns property in Sturgeon Bay. The matter was referred to the state, and Assistant Attorney General Bruce Olsen gave a formal opinion Feb. 4 that a court "would likely determine that the Plan Commission violated the open meetings law."