Complaint Ties Multiple Citations, Police Action, and Council Agenda to Critics of Mayor Nelson
A Fire & Police Commission filing and public records raise questions about selective enforcement, taxpayer cost, and a new City Council action targeting Franklin Community News.
By Dr. Richard A. Busalacchi
Franklin Community News
FRANKLIN, Wis. — A formal complaint filed with the Franklin Fire & Police Commission is now tying together a series of municipal actions that include multiple disorderly conduct citations issued to different Franklin residents after criticism of Mayor John Nelson, significant taxpayer-funded legal costs, and a newly proposed City Council action targeting a local news publisher.
The filing consolidates police reports, prosecutorial correspondence, public records, and prior reporting to request Fire & Police Commission review of whether enforcement and investigative decisions were applied neutrally or influenced by political considerations.
Multiple Residents Cited After Criticism of Mayor
As previously reported by Franklin Community News, municipal disorderly conduct citations
were issued in separate incidents involving multiple residents, including Richard Busalacchi, Doug Malinovich, Bob Swendrowski, and Marcus Christi, each following public criticism of Mayor John Nelson or City leadership.
By contrast, elected officials who publicly criticized residents, questioned their motives, or characterized critics in public forums did not face comparable municipal enforcement.
The Fire & Police Commission complaint incorporates these examples as evidence of a broader pattern, arguing that enforcement decisions appear correlated with who was being criticized, rather than an objective assessment of public safety concerns.
Sidebar: Municipal Citations Following Criticism of Mayor Nelson
Municipal Enforcement Actions Referenced in Complaint and Prior Reporting
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Richard Busalacchi — October 2024
Citation: Municipal Disorderly Conduct (§183.49)
Context: Social media post critical of Mayor and City officials; police initially found no threat.
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Doug Malinovich — 2024
Citation: Municipal Disorderly Conduct
Context: Public or written political criticism of City leadership.
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Bob Swendrowski — 2024–2025
Citation: Municipal Disorderly Conduct or related ordinance
Context: Voicemail or written criticism directed at City officials.
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Marcus Christi — 2025
Citation: Municipal Disorderly Conduct
Context: Public commentary critical of Mayor Nelson or City governance.
Source: Municipal citation records and Franklin Community News reporting.
From Pattern Reporting to Formal Oversight Complaint
The Fire & Police Commission complaint does not ask the Commission to adjudicate criminal guilt or civil liability. Instead, it requests review of whether Franklin Police Department personnel complied with obligations of independence, neutrality, consistency, transparency, and public trust.
According to the filing, police engagement involving the complainant escalated after public criticism of elected officials, despite officers initially documenting no direct threat or criminal conduct.
Early Police Engagement After Mayoral Identification
The complaint cites video evidence from February 22, 2024, showing Mayor Nelson identifying one of the cited residents to a police officer inside City Hall before a Common Council meeting. Within minutes, the officer approached the resident and cautioned him about his remarks, despite no disruption having occurred and before any public comment was made.
After the meeting, the resident attempted to file a harassment complaint with the Franklin Police Department but was told the department would not accept a complaint from him.
Escalation After Officers Found No Threat
Police reports from October 13, 2024 document that officers initially acknowledged protected speech, identified no direct threat, and treated a complaint as advisory rather than criminal. One elected official initially declined to be listed as a victim.
According to supplemental police narratives, enforcement escalated only after Mayor Nelson contacted officers and is quoted as suggesting pursuit of disorderly conduct and bail jumping charges. Following that communication, elected officials who had initially declined victim status agreed to be listed, despite continued acknowledgment that no threats existed.
Prosecutorial Declination, Then Municipal Enforcement
The Milwaukee County District Attorney’s Office declined to issue criminal charges related to the October 2024 incident. Despite that declination, a municipal disorderly conduct citation was later issued.
A victim impact statement seeking punishment was submitted before any municipal citation existed, and the citation itself was issued after a court hearing, raising concerns about foreknowledge and predetermination of enforcement.
Taxpayer Costs Far Exceed Forfeiture Amounts
Earlier reporting documented that the City of Franklin devoted thousands of taxpayer dollars to pursue a single $376 municipal forfeiture. Open records showed more than $1,500 in attorney billing alone, excluding police labor and administrative costs.
The Fire & Police Commission complaint references these records to argue that similar public resources were expended across multiple enforcement actions arising from political speech rather than documented public safety threats.
Selective Investigation and Monitoring
The complaint raises concerns about investigative practices by Detective Brian Zalewski, including monitoring recorded jail phone calls and communicating information derived from those calls to prosecuting authorities despite no resulting charges.
At the same time, allegations involving elected officials were declined or not investigated. The complaint characterizes this disparity as evidence of selective or pretextual investigative conduct.
Timeline: Four Residents, Four Citations
2024–2025: Municipal Enforcement Following Public Criticism
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February–April 2024
Franklin Community News publishes reporting critical of Mayor Nelson and police conduct.
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Mid-2024
Doug Malinovich cited for municipal disorderly conduct following political criticism.
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Late-2024
Richard Busalacchi cited after social media criticism; police initially found no threat.
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2024–2025
Bob Swendrowski cited following critical voicemail or written communications.
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2025
Marcus Christi cited under municipal disorderly conduct ordinance after public commentary.
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January 31, 2026
Formal Fire & Police Commission complaint filed alleging selective enforcement and political influence.
Source: Municipal records and Franklin Community News reporting.
Council Agenda Targets Publisher After Critical Reporting
As the complaint was filed, the Franklin Common Council also scheduled an agenda item authorizing Mayor Nelson to issue a cease-and-desist order against the publisher of Franklin Community News for alleged “unlicensed use” of the City’s trademark.
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In a written objection requested for inclusion in the public record, the publisher disputes the factual and legal basis for the claim, stating that FCNewsWI uses a distinct logo and explicitly identifies itself as Franklin’s “OFFICIAL UNOFFICIAL” news source. The objection argues that trademark law may not be used as a pretext to suppress unfavorable political reporting and raises First Amendment concerns.
Awaiting Commission Action
The Fire & Police Commission has not publicly indicated whether it will open a formal investigation. The complaint asks the Commission to review enforcement decisions, investigative practices, records handling, and whether corrective action, policy changes, or discipline are warranted.
Editorial: When Power Can’t Handle Criticism, Democracy Suffers
Franklin Community News exists for a simple reason: to report on the actions of those in power when others won’t.
That purpose is now under direct attack.
Over the past two years, a troubling and increasingly clear pattern has emerged in Franklin. Residents who publicly criticize Mayor John Nelson or City leadership find themselves subjected to police engagement, municipal citations, costly enforcement actions, and now — most alarmingly — a proposed City Council action aimed directly at the publisher of this news outlet.
This is not coincidence. It is retaliation dressed up as governance.
Policing Critics Instead of Protecting the Public
As documented in police reports, court records, public records, and now a formal complaint filed with the Franklin Fire & Police Commission, multiple Franklin residents have received municipal disorderly conduct citations after criticizing the Mayor or City leadership.
In several of these cases, police initially documented no direct threat, acknowledged the speech as protected, and treated the interaction as advisory rather than criminal. Enforcement escalated only after political intervention. Prosecutors declined criminal charges. Yet municipal citations were pursued anyway — at taxpayer expense.
This is not public safety. This is selective enforcement.
When elected officials who publicly disparage residents face no enforcement at all, while critics are cited, the issue is no longer about conduct. It is about who is speaking — and who they are speaking about.
The Cost of Retaliation Falls on Taxpayers
One of those municipal citations resulted in a $376 forfeiture. Open records show that the City spent thousands of taxpayer dollars in attorney time alone to pursue it, not including police labor, administrative costs, or prosecutorial involvement.
That is not fiscal responsibility. That is punishment by process.
And it has happened more than once.
Now the Target Is the Press
The latest escalation is perhaps the most troubling. The Franklin Common Council is being asked to authorize Mayor Nelson to issue a cease-and-desist order against Franklin Community News for alleged “unlicensed use” of a City trademark.
The problem? FCN does not use the City of Franklin’s trademark.
Its logo is distinct. Its branding is clear. It openly identifies itself as Franklin’s “OFFICIAL UNOFFICIAL” news source — a transparent, satirical phrase that no reasonable reader could confuse with an official City publication.
What this agenda item actually accomplishes is something else entirely: it places the power of municipal enforcement directly in the hands of the same official whose conduct has been the subject of sustained, documented criticism.
That is not trademark enforcement. That is intimidation.
Harassment Is Not Leadership
Mayor John Nelson is free to disagree with reporting. He is free to criticize it. He is free to defend his record publicly.
What he is not free to do is use the machinery of government to punish critics — whether those critics are private residents or a local news publisher.
When police resources, prosecutorial referrals, municipal citations, and now civil enforcement tools are deployed against dissent, the line between governance and harassment has been crossed.
Why This Matters to Everyone
This is not just about Franklin Community News.
It is about whether residents can criticize their government without fear of retaliation.
It is about whether police departments remain independent from political pressure.
It is about whether taxpayer dollars are spent to protect public safety — or to silence dissent.
And it is about whether local journalism is allowed to do its job without being targeted by the very officials it covers.
A Direct Call to Action
The Franklin Fire & Police Commission must act.
The Commission should open a formal investigation, review the full record, and determine whether political influence, selective enforcement, or retaliatory investigative practices undermined the independence and integrity of the Franklin Police Department. Silence or delay would signal that oversight exists in name only.
The Franklin Common Council must also act — and immediately.
The Council is scheduled to meet Tuesday, February 3, 2025, at 6:30 p.m. at Franklin City Hall. Council members should reject any agenda item that authorizes enforcement action against a news publisher based on unsupported claims and should refuse to place municipal power in service of silencing criticism. Disagreement with reporting is not a legal basis for retaliation.
Residents should attend, observe, and speak. This is not an abstract policy debate — it is a test of whether Franklin’s elected officials will defend constitutional principles or enable their erosion.
Finally, Mayor Nelson should reconsider the path he is choosing.
Leadership demands restraint, accountability, and respect for constitutional limits. Using government authority to pursue critics — whether through police action, municipal prosecution, or civil enforcement — erodes public trust and invites greater scrutiny, not less.
Democracy does not fail all at once. It erodes when criticism is punished, when power resists accountability, and when intimidation replaces transparency.
Tuesday’s meeting matters.
Franklin still has a choice.
This piece reflects the author’s personal opinion and experiences. All statements are presented as commentary protected under the First Amendment. Readers are encouraged to review public records, filings, and documented evidence referenced throughout this article.
Dr. Richard Busalacchi is the Publisher of Franklin Community News, where he focuses on government transparency, community accountability, and local public policy. He believes a community’s strength depends on open dialogue, honest leadership, and the courage to speak the truth—even when it makes powerful people uncomfortable.
đź•Ż️ The solution isn’t another insider in a new office. It’s sunlight, scrutiny, and the courage to vote differently.
Because until voters demand honest, transparent government, the corruption won’t stop — it will only change titles.
Elections have consequences — and Franklin’s next one may decide whether transparency makes a comeback.
đź’¬ If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.
Together, we can keep local government honest, transparent, and accountable
— for the greater good.
đź’¬ If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.
Together, we can keep local government honest, transparent, and accountable
— for the greater good.
© 2026 Franklin Community News. All rights reserved.
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