Wrongly Fired Franklin Director of Planning Claims Nelson Directed Staff to Bypass State Statues and Code - "they voted for me"

Franklin Community News (FCN) has obtained August 2023 records that show Mayor John Nelson conducted an investigation into former Franklin Planning Manager Laurie Miller.  The investigation paints a picture that Nelson and his Director of Administration Kelly Hersh would fight staff and direct staff to bypass code, state statues in approving items that do not meet code for development and construction.  FCN has obtained over 350 pages of open records that substantiate Millers claims.  Millers claims essentially show pay for play and bribery by Mayor John Nelson and his Director of Administration Kelly Hersh.  If the allegations are proven, Nelson and Hersh, who is also defined as a "pubic official" under state statues, are in violation of Wisconsin Statue 946.12 Misconduct in Public Office. If convicted carry a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both 939.50(3)(I).

FCN confirmed, with open records, that Ms. Miller settled a wrongful termination case with the City of Franklin for $60,000.

On Saturday, August 19, 2023 at 4:08pm Mayor Nelson sent an email to Miller with a cc: to Kelly Hersch and Dana Zahn the Franklin Director of HR.  The email outlines allegations against Miller.  In the preface of the email Mayor Nelson states "All employees, especially those in leadership roles, must uphold the highest professionalism, behavior, and ethics standards to ensure our municipalities success and reputation."

The allegations identified against Miller:

1.  Unprofessional Conduct

2.  Failure to Conform with Generally Accepted Standards of Good Behavior

3.  Conduct Detrimental to the interest of the City.

The specific incident identified:

"On August 16, 2023 a meeting was held at City Hall in the lower-level conference room to address concerns the planning Department raised with applicant Hiller Ford, Jay Hiller (owner), Mark Carstensen (Carstensen Construction), and Justin Johnson (JSD Professional Services, Inc.) represented the applicant, Principal Planner Regulo Martinez-Montilva, Assistant City Engineer Tyler Beinlich, Director of Administration Kelly Hersch, and you represented the City.  At approximately 2:45pm, you made accusations stating that a Special Use Permit issued by the Common Council in 2015 for the Hiller Ford project was an illegal nonconforming use.  You said that whoever worked on that project at the City had made a mistake.  At the mention of my name by Mark Carstensen, you responded, "So if the Mayor chooses to go against this, we're gonna report him because, at this point, we have too many projects going on.  Mark Carstensen replied, "Well, you don't have to threaten people here," at this point, you stated, "I'm not threatening....this is unethical".

Miller was informed that that she would meet with Hersh and Nelson on August 21, 2023 to be heard on this matter and could have one representative with her.

The email concludes with:

"Making threats and accusations against your supervisor during a business meeting with a third party is unprofessional and constitutes a failure to conform to generally accepted standards of good behavior.  Furthermore the City of Franklin is interested in conducting City business professionally and appropriately.  You may face disciplinary action due to failing to meet the City of Franklin's expectations."

On Monday, August 21, 2023, Miller responded to the 4:08pm Saturday night email from Mayor Nelson. The email was sent to the Mayor and Hersch and cc to the Common Council and HR Director Zahn.  In Millers response she indicates the following:

"There seems to be this continuous culture of contacting the Mayor/City Admin to fight staff on items that are required by the code/statute and you (Nelson), specifically giving the notion to applicants that you (Nelson) can strong arm staff to approving things that do not meet code, to help them achieve their project."

"Hiller Ford is an excellent example where I have an applicant whose project does not meet code, to help them achieve their project.  The applicant has been threatening staff that the Mayor "told him he will take care of it". and the applicant will not have to abide by code."

"I 100% stated that the Mayor cannot supersede code and would have to be reported.  Later in the meeting you (Nelson) began saying that you would "take care of the situation" and "you would be changing the code to help them".  I did acknowledge that past employees made mistakes because the best was to move forward is to recognize the mistake and ensure it does not happen again".

"This is very similar to the situation that is occurring with Awe's Orchard, Carma, the ROC, and Land By Label.  In these situations, you (Nelson) have indicated that these individuals must be accommodated despite not meeting code or following procedures as they are "your partners" or "voted for you".  You (Nelson) have told me "you can guarantee the votes".  You have directed me to remove my comments, which were very fair comments, from the Carma project staff report as you didn't want me to sink the project. These are all behaviors that are unethical."

"I do have examples of your (Nelson) abusive behavior too such as standing over

me and yelling at me disappointment for not issuing a temporary use permit for something that our code does not allow for.  You (Nelson) also raised your voice at me for not allowing the eagle scout project to go go through despite the project being within a few feet of a wetland and the eagle scout no providing a wetland delineation which is required by the state.  At that moment, you stood up, slammed your chair into the table and stormed out of the room.  There have been several meetings with you and Ms. Hersh where I'm trying to explain that, despite you not liking it, I have to do this because it is required."

"I have suggested to both you (Nelson) and Ms. Hersh to reach out to various resources to help you understand your job and staff's jobs.  Its ok to ask why staff is doing something in a specific manner but it is not OK to yell to threaten staff to follow unethical and sometimes illegal demands."

FCN has previously reported that Nelson's Mayoral election campaign team two years ago was led by County Supervisor Taylor/ROC Foundation Executive Director, Mike Zimmerman, ROC CEO, Kelly Hersh, now City of Franklin Director of Administration (former lead in law suit against Franklin for Strauss which was heard by Judge Hannah Dugan), and former Franklin Alderperson Kristen Wilhelm.  FCN also reported in May 2023, one month prior to the Franklin Mayoral election, that if Nelson won the election he was going to push Kelly Hersh in as Director of Administration.  Hersh, has no degrees or previous experience in public administration.

In multiple FCN articles over the past two years, FCN has exposed a conflict of interest with the City of Franklin (John Nelson) treating Ballpark Commons (ROC Ventures) with favored treatment on permits, tax payments, and following ordinances.  County Supervisor Steve Taylor has been in the middle of much of the ROC Ventures controversy as Taylor is the Executive Director of the ROC Foundation, a position he was given by Zimmerman as a reward for pushing thru the rezoning of what is now Ballpark Commons thru the City of Franklin when Taylor was serving simultaneously as a Franklin Alderman and County Supervisor for Franklin. Taylor has played the role of Government Relations and Operations for ROC Ventures under the ROC Foundation, a separate 501c3. Taylor also takes public credit for Milwaukee County selling the County property for what is now Ballpark Commons to Mike Zimmerman.

As election results for Franklin Mayor were announced on Tuesday, April 4, 2023, County Supervisor Steve Taylor texted the following picture to former Mayor Steve Olson from the Nelson election party:

Pictured above County Supervisor Steve Taylor, Franklin Mayor John Nelson

 and Mike Zimmerman CEO ROC Ventures

The picture is intended to send the message that Zimmerman and Taylor are now in charge of Franklin, with Nelson.  FCN can also confirm that Mike Zimmerman was preciously involved with Land by Label and the Poth's Development on 76th and Rawson. but is no longer listed on the Land by Label webpage.

If the claims by Ms. Miller are correct and Nelson along with Hersh was using his position and office of the Mayor and Hersh's position and office as Director of Administration to help developers bypass local ordinances and state law, Nelson and Hersh might just very well have some additional allegations on their plate. 

Statement of Facts
 1. Mayor Nelson used public office to pass ordinances and selectively apply state statutes that favor certain developers.
 2. These actions were taken in exchange by Mayor Nelson for votes or political support, constituting quid pro quo corruption.
 3. Their is a clear conflict between the public interest and the private benefits being conferred on developers.

Statutory Basis:
  - Wisconsin Statute 946.12 addresses misconduct in public office.

  - The mayor knowingly acted outside the bounds of lawful authority by using public office to promote private interests.

  - The mayor intentionally exceeded his lawful authority by bypassing established procedures, ordinances, and state statutes.

  - The decision to benefit developers was influenced by the Mayors considerations of electoral gain, rather than public policy.   

       - There was a material breach of the public trust owed to all citizens by Mayor Nelson.

       - Favorable ordinances were passed disproportionately for developers who supported Mayor Nelsons campaign, distinguishing these actions from routine administrative decisions.

     - Even if the decisions had some public benefit, the manner in which they were made by Mayor Nelson undermines the integrity of public office, warranting remedial action and penalties.

If the allegations are true Nelson should be removed from office and should face criminal charges for bribery and misconduct in public office, a class I felony (946.12).

A class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both 939.50(3)(I).